House of Lords Journal 239 (Session 2005-06)


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Page 495

2005-06

Volume 239      

Thursday 19th January 2006

The House met at eleven o’clock.

The following Lords Spiritual and Temporal were present:

Ackner, L.
Adams of Craigielea, B.
Addington, L.
Adonis, L.
Ahmed, L.
Alderdice, L.
Allenby of Megiddo, V.
Ampthill, L.
Anderson of Swansea, L.
Anelay of St Johns, B.
Armstrong of Ilminster, L.
Arran, E.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Baker of Dorking, L.
Ballyedmond, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Bilston, L.
Birt, L.
Blackstone, B.
Bledisloe, V.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bottomley of Nettlestone, B.
Brabazon of Tara, L.
Bragg, L.
Bramall, L.
Brett, L.
Bridgeman, V.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burlison, L.
Buscombe, B.
Byford, B.
Caithness, E.
Cameron of Dillington, L.
Cameron of Lochbroom, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carey of Clifton, L.
Carnegy of Lour, B.
Carter, L.
Chapman, B.
Chelmsford, Bp.
Chidgey, L.
Chorley, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Courtown, E.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cuckney, L.
Cumberlege, B.
Cunningham of Felling, L.
Currie of Marylebone, L.
Dahrendorf, L.
David, B.
Davies of Oldham, L.
De Mauley, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Dearing, L.
Deech, B.
Denham, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Dykes, L.
Eatwell, L.
Eccles, V.
Eccles of Moulton, B.
Elder, L.
Elis-Thomas, L.
Elles, B.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.
Fookes, B.
Forsyth of Drumlean, L.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Freeman, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Garel-Jones, L.
Gibson of Market Rasen, B.
Giddens, L.
Glenarthur, L.
Golding, B.
Goodhart, L.
Goodlad, L.
Goudie, B.
Gould of Potternewton, B.
Grabiner, L.
Graham of Edmonton, L.
Greengross, B.
Greenway, L.
Grocott, L.
Hamwee, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Hastings of Scarisbrick, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henig, B.
Higgins, L.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, B.
Hooson, L.
Howard of Rising, L.
Howarth of Breckland, B.
Howarth of Newport, L.
Howe, E.
Howe of Aberavon, L.
Howe of Idlicote, B.
Howell of Guildford, L.
Howells of St. Davids, B.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Hylton, L.
Imbert, L.
Inge, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Jones, L.
Jones of Cheltenham, L.
Jopling, L.
Jordan, L.
Judd, L.
Kennedy of The Shaws, B.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.

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2005-06

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Kingsland, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Knight of Collingtree, B.
Laidlaw, L.
Laird, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Lipsey, L.
Listowel, E.
Livsey of Talgarth, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
Macfarlane of Bearsden, L.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mancroft, L.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Maxton, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Montagu of Beaulieu, L.
Montgomery of Alamein, V.
Moonie, L.
Morgan of Drefelin, B.
Morgan of Huyton, B.
Morris of Bolton, B.
Morris of Manchester, L.
Morris of Yardley, B.
Moser, L.
Mowbray and Stourton, L.
Murphy, B.
Neuberger, B.
Newby, L.
Nicholson of Winterbourne, B.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Bengarve, B.
O’Neill of Clackmannan, L.
Ouseley, L.
Owen, L.
Oxburgh, L.
Oxford, Bp.
Palmer, L.
Park of Monmouth, B.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Pendry, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Plummer of St. Marylebone, L.
Ponsonby of Shulbrede, L.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Rawlings, B.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, L.
Rees of Ludlow, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rosser, L.
Rosslyn, E.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
Sainsbury of Turville, L.
St. John of Bletso, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shephard of Northwold, B.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soley, L.
Soulsby of Swaffham Prior, L.
Steel of Aikwood, L.
Stern, B.
Stevens of Kirkwhelpington, L.
Stevens of Ludgate, L.
Stewartby, L.
Strabolgi, L.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Temple-Morris, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thornton, B.
Tomlinson, L.
Tonge, B.
Tope, L.
Tordoff, L.
Trefgarne, L.
Triesman, L.
Trumpington, B.
Truscott, L.
Turnberg, L.
Turner of Camden, B.
Turner of Ecchinswell, L.
Tyler, L.
Uddin, B.
Ullswater, V.
Vincent of Coleshill, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Waverley, V.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Windlesham, L.
Winston, L.
Wolfson, L.
Woolf, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Hornsey, B.
Young of Norwood Green, L.

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PRAYERS were read by the Lord Bishop of Oxford.

Judicial Business

1.R (on the application of Godmanchester Town Council) (Petitioners) v. Secretary of State for the Environment, Food and Rural Affairs (Respondent) and one other action—The petition of Godmanchester Town Council praying for leave to appeal was presented and referred to an Appeal Committee.
2.R (on the application of Drain) (Petitioner) v. Secretary of State for the Environment, Food and Rural Affairs (Respondent) and one other action—The petition of Leslie Ernest Drain praying for leave to appeal was presented and referred to an Appeal Committee.
3.De Grey and another (Respondents) v. Ford and another (Petitioners)—The petition of Daniel Ford and Liubov Ford praying for leave to appeal was presented without payment of the fee, such fee having been remitted by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.
4.Brick (Petitioner) v. Colleys Professional Services (Respondents)—The petition of Dragica Brick praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.
5.De Grey and another (Respondents) v. Ford (also known as Sayers) and another (Petitioners)—The petition of Daniel Ford and Liubov Ford praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been remitted by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.
6.Kola (FC) and another (FC) (Appellants) v. Secretary of State for Work and Pensions (Respondent)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 2nd March (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
7.Tweed (Appellant) v. Parades Commission for Northern Ireland (Respondents) (Northern Ireland)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 6th March (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
8.Appeal Committee—The following Order was made pursuant to the 54th Report:

Couwenbergh (Respondent) v. Valkova (FC) (Petitioner)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and that the respondent be at liberty to apply for his costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

9.Appeal Committee—The following Order was made pursuant to the 60th Report:

R (on the application of Omar) (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and that the respondent be at liberty to apply for his costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Papers

10.Command Paper—The following paper, having been presented to the House by command of Her Majesty, was ordered to lie on the Table:

Marshall Aid—Report for the year ending 30th September 2005 of the Marshall Aid Commemoration Commission.

(6716)

11.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft School Finance (England) Regulations 2006, laid under the School Standards and Framework Act 1998, together with an Explanatory Memorandum;
2.Draft Community Order (Review by Specified Courts in Liverpool and Salford) Order 2006, laid under the Criminal Justice Act 2003, together with an Explanatory Memorandum.

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12.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Income-related Benefits (Subsidy to Authorities) Amendment Order 2006, laid under the Social Security Administration Act 1992;
 (54)
2.Armed Forces Redundancy Scheme Order 2006, laid under the Armed Forces (Pensions and Compensation) Act 2004.
 (55)
13.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
(i)Accounts for 2004–05 of the National Lottery Distribution Fund—
(ii)Report and Accounts for 2004–05 of Sport England—
laid under the National Lottery etc. Act 1993.

Private Business

14.London Local Authorities Bill [HL]—The petitions against the bill from the Wrigley Company Limited (No. 3) and from the Biscuit Cake Chocolate and Confectionery Association (BCCCA) (No. 26) were withdrawn.

Public Business

15.Work and Families Bill—A bill to make provision about statutory rights to leave and pay in connection with the birth or adoption of children; to amend section 80F of the Employment Rights Act 1996; to make provision about workers’ entitlement to annual leave; to provide for the increase in the sums specified in section 186(1) and 227(1) of that Act; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 65)
16.Work and Families Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 65-EN)
17.Business of the House—It was moved by the Lord President (Baroness Amos) that the debate on the motion in the name of the Baroness Shephard of Northwold set down for today shall be limited to 3 hours and that in the name of the Earl Attlee to 2 hours; the motion was agreed to.
18.Education (3-hour debate)—It was moved by the Baroness Shephard of Northwold that there be laid before the House papers relating to education in schools; after debate, the motion was (by leave of the House) withdrawn.
19.Reserve Armed Forces (2-hour debate)—It was moved by the Earl Attlee that there be laid before the House papers relating to the Reserve Armed Forces of the Crown; after debate, the motion was (by leave of the House) withdrawn.
20.Immigration, Asylum and Nationality Bill—The bill was reported from the Grand Committee with amendments; it was ordered that the bill be printed as amended. (HL Bill 66)
21.Firearms—The Lord Marlesford asked Her Majesty’s Government what progress they are making in setting up a central register of persons who have applied for or have been granted a shotgun or firearm certificate, as required by section 39 of the Firearms (Amendment) Act 1997; after debate, the question was answered by the Lord Bassam of Brighton.

The House was adjourned at eleven minutes past six o’clock
till tomorrow, eleven o’clock.


APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

The Committee met at two o’clock.

Immigration, Asylum and Nationality Bill—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; it was ordered that the bill be reported with amendments.

The Committee was adjourned at twenty-one minutes past four o’clock.