House of Lords Journal 239 (Session 2005-06)


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Thursday 26th January 2006

The House met at quarter before ten o’clock.

The following Lords Spiritual and Temporal were present:

Ackner, L.
Adams of Craigielea, B.
Addington, L.
Ahmed, L.
Allenby of Megiddo, V.
Alli, L.
Amos, B.
Ampthill, L.
Anderson of Swansea, L.
Anelay of St Johns, B.
Arran, E.
Ashley of Stoke, L.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Best, L.
Bhatia, L.
Bhattacharyya, L.
Biffen, L.
Billingham, B.
Bilston, L.
Bingham of Cornhill, L.
Birt, L.
Bledisloe, V.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bragg, L.
Brett, L.
Bridgeman, V.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
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.
Carnegy of Lour, B.
Carter, L.
Carter of Coles, L.
Chalker of Wallasey, B.
Chidgey, L.
Chorley, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cohen of Pimlico, B.
Colville of Culross, V.
Colwyn, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cunningham of Felling, L.
Currie of Marylebone, L.
Darcy de Knayth, B.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Dearing, L.
Denham, L.
Desai, 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.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Elystan-Morgan, L.
Emerton, B.
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.
Fookes, B.
Forsyth of Drumlean, L.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Fyfe of Fairfield, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Geddes, L.
Gibson of Market Rasen, B.
Giddens, L.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Goodlad, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greaves, L.
Greenfield, B.
Greengross, B.
Greenway, L.
Grenfell, L.
Griffiths of Burry Port, L.
Grocott, L.
Hale of Richmond, B.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Healey, L.
Henig, B.
Higgins, L.
Hodgson of Astley Abbotts, L.

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Hoffman, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
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.
Hurd of Westwell, L.
Hylton, L.
Imbert, L.
Inge, L.
Inglewood, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Jones of Cheltenham, L.
Jopling, L.
Jordan, L.
Judd, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kinnock, L.
Kirkham, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Laird, L.
Lamont of Lerwick, L.
Lea of Crondall, L.
Leitch, L.
Levy, L.
Lewis of Newnham, L.
Lipsey, L.
Listowel, E.
Livsey of Talgarth, L.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
Macaulay of Bragar, L.
Macdonald of Tradeston, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Mackie of Benshie, L.
Maclennan of Rogart, L.
Maddock, B.
Mance, L.
Manchester, Bp.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Mawhinney, L.
Maxton, L.
Miller of Chilthorne Domer, B.
Mitchell, L.
Molyneaux of Killead, L.
Montagu of Beaulieu, L.
Montgomery of Alamein, V.
Moonie, L.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Manchester, L.
Mowbray and Stourton, L.
Murphy, B.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Noakes, B.
Northbourne, 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.
Onslow, E.
Ouseley, L.
Owen, L.
Palmer, L.
Park of Monmouth, B.
Patel, L.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Pendry, L.
Peston, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Prosser, B.
Puttnam, L.
Quinton, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Rana, L.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rennard, L.
Renton, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodger of Earlsferry, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Royall of Blaisdon, B.
Ryder of Wensum, L.
Sainsbury of Turville, L.
St. John of Bletso, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandwich, E.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sewel, L.
Sharp of Guildford, B.
Shaw of Northstead, L.
Sheldon, L.
Shephard of Northwold, B.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Slim, V.
Smith of Clifton, L.
Smith of Finsbury, L.
Smith of Gilmorehill, B.
Soley, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Southwell and Nottingham, Bp.
Steel of Aikwood, L.
Stern, B.
Stevens of Kirkwhelpington, L.
Stevens of Ludgate, L.
Stewartby, L.
Stone of Blackheath, 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.
Taylor of Warwick, L.
Temple-Morris, L.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tonge, B.
Tope, L.
Tordoff, L.
Trenchard, V.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Tyler, L.
Uddin, B.
Ullswater, V.
Vincent of Coleshill, L.

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Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Gestingthorpe, L.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warnock, B.
Warwick of Undercliffe, B.
Waverley, V.
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.
Woolf, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Hornsey, B.

PRAYERS were read by the Lord Bishop of Manchester.

Judicial Business

1.R v. Longworth (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—It was moved by the Lord Hoffmann on behalf of Lord Nicholls of Birkenhead, That the 32nd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed; that the Order of the Court of Appeal Criminal Division of 23rd July 2004 be set aside; that the Order of His Honour Judge Hale in the Crown Court at Warrington of 22nd December 2003 be set aside in respect of that part of the judge’s sentence which purported to determine that the appellant was subject to notification requirements and to require him to register under the Sex Offenders Act 1997; and that the costs of the Appellant incurred in this House and in the Court of Appeal be paid out of central funds in accordance with section 16 of the Prosecution of Offences Act 1985, the amount of the costs in this House to be certified by the Clerk of the Parliaments if not agreed between the parties and the amount of the costs in Her Majesty’s Court of Appeal to be determined by a Costs Judge. [2006] UKHL 1
2.Gillies (AP) (Appellant) v. Secretary of State for Work and Pensions (Respondent) (Scotland)—It was moved by the Lord Hope of Craighead on behalf of Lord Nicholls of Birkenhead, That the 33rd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be dismissed; that the Interlocutor of the First Division of the Inner House of the Court of Session in Scotland of 28th November 2003 be affirmed; that the appellant do pay to the respondent his costs in this House; that the respondent’s costs in this House be paid out of the Legal Aid Fund in accordance with section 19 of the Legal Aid (Scotland) Act 1986; that the appellant’s liability as an assisted person be modified to nil under the provisions of the Legal Aid (Scotland) Act 1986, but such orders on costs to be suspended for four weeks to allow the Scottish Legal Aid Board to object if they wish; and that the costs of the appellant in this House be taxed in accordance with the Legal Aid (Scotland) Act 1986. [2006] UKHL 2
3.Serco Limited (Respondents) v. Lawson (Appellant)—
4.Botham (FC) (Appellant) v. Ministry of Defence (Respondents)—
5.Crofts (Respondent) and others v. Veta Limited (Appellants) and others and one other action—

It was moved by the Lord Hoffmann, That the 34th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that in the appeal of Lawson, the appeal be allowed, the Order of the Court of Appeal of 23rd January 2004 be set aside save as to costs and the Order of the Employment Appeal Tribunal of 11th March 2003 restored, that the matter be remitted to an Employment Tribunal for hearing on the merits, and that there be no order for costs in the appeal to this House; in the appeal of Botham, the appeal be allowed, the Order of the Court of Appeal of 14th March 2005, the amended Order of the Employment Appeal Tribunal of 1st December 2004 and the decision of the Employment Tribunal sitting at Southampton of 11th May 2004 all be set aside, that the matter be remitted to an Employment Tribunal for hearing on the merits, and that the question of costs be adjourned in order that the parties may make written submissions within 14 days; in the appeal of Veta Limited, the appeal be dismissed, the Order of the Court of Appeal of 19th May 2005 be affirmed, and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 3

6.Capewell (Respondent) v. Her Majesty’s Revenue and Customs (Appellants) and another—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 13th March (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

The House was adjourned during pleasure.

The House was resumed.

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Papers

7.Instrument withdrawn—The following instrument, laid before the House on 25th January, was withdrawn:

Draft Budget (Northern Ireland) Order 2006.

8.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. (i)Draft Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2006, together with an Explanatory Memorandum—
(ii)Draft Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2006, together with an Explanatory Memorandum—
 laid under the Clean Neighbourhoods and Environment Act 2005;
2.Draft Representation of the People (Scotland) (Amendment) Regulations 2006, laid under the Political Parties, Elections and Referendums Act 2000, together with an Explanatory Memorandum;
3. (i)Draft Budget (Northern Ireland) Order 2006, together with an Explanatory Memorandum—
(ii)Draft Rates (Capital Values, etc.) (Northern Ireland) Order 2006, together with an Explanatory Memorandum—
 laid under the Northern Ireland Act 2000.
9.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Draft Charities (Cheadle Royal Hospital, Manchester) Order 2006, laid under the Charities Act 1993, together with an Explanatory Memorandum;
2.(i) Local Authorities (Executive Arrangements) (Access to Information) (Amendment) (England) Regulations 2006—
 (69)
(ii) Relevant Authorities (Standards Committee) (Amendment) Regulations 2006—
 (87)
 laid under the Local Government Act 2000;
3.Local Government (Access to Information) (Variation) Order 2006, laid under the Local Government Act 1972;
 (88)
4.Local Safeguarding Children Boards Regulations 2006, laid under the Children Act 2004;
 (90)
5.Feeding Stuffs and the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2006, laid under the Agriculture Act 1970;
 (113)
6.Dairy Produce Quotas (Amendment) Regulations 2006, laid under the European Communities Act 1972;
 (120)
7.Rates (Regional Rates) Order (Northern Ireland) 2006, laid under the Northern Ireland Act 2000.
 (—)
10.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

Accounts for 2004–05 of the Dartford-Thurrock Crossing Road User Charging Scheme, laid under the Trunk Road Charging Schemes (Bridges and Tunnels) (Keeping of Accounts) (England) Regulations 2003.

Private Business

11.London Local Authorities Bill [HL]—The petition of Westminster City Council for additional provision, together with a list of the amendments proposed to be made, was presented and referred to the Examiners.

Public Business

12.Business of the House—It was moved by the Lord President (Baroness Amos) that the debate on the motion in the name of the Lord Harrison set down for today shall be limited to 2½ hours and that in the name of the Baroness Jay of Paddington to 3 hours; the motion was agreed to.
13.Health and safety at work (2½-hour debate)—It was moved by the Lord Harrison that there be laid before the House papers relating to health and safety at work, especially with regard to preventing deaths and accidents in the workplace; after debate, the motion was (by leave of the House) withdrawn.

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14.G8: development aid (3-hour debate)—It was moved by the Baroness Jay of Paddington that there be laid before the House papers relating to the commitments made by the G8 on development aid and the case for fulfilling these commitments in 2006; after debate, the motion was (by leave of the House) withdrawn.
15.National Insurance Contributions Bill—The bill was reported from the Grand Committee without amendment.
16.Central European Time—The Viscount Montgomery of Alamein asked Her Majesty’s Government when they will consider adopting Central European Time; after debate, the question was answered by the Lord Sainsbury of Turville.

The House was adjourned at four minutes past six o’clock
to Monday next, half-past two o’clock.


APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

The Committee met at two o’clock.

National Insurance Contributions Bill—The bill was considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; it was ordered that the bill be reported without amendment.

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