House of Lords Journal 239 (Session 2005-06)


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Wednesday 24th May 2006

The House met at a quarter before ten o’clock.

The following Lords Spiritual and Temporal were present:

Falconer of Thoroton, L.
(Lord Chancellor)

Acton, L.
Adams of Craigielea, B.
Addington, L.
Adonis, L.
Ahmed, L.
Alli, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anderson of Swansea, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Armstrong of Ilminster, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Ballyedmond, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Best, L.
Bhatia, L.
Bhattacharyya, L.
Biffen, L.
Bilston, L.
Birt, L.
Blackstone, B.
Blaker, L.
Bledisloe, V.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Boyce, L.
Brabazon of Tara, L.
Bragg, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brooke of Sutton Mandeville, L.

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Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burlison, L.
Buscombe, B.
Byford, B.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carrington, L.
Carter of Coles, L.
Chadlington, L.
Chandos, V.
Chapman, B.
Chidgey, L.
Chorley, L.
Christopher, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cohen of Pimlico, B.
Colville of Culross, V.
Colwyn, L.
Condon, 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.
Dahrendorf, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Harptree, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dundee, E.
Dykes, L.
Eatwell, L.
Eccles, V.
Eccles of Moulton, B.
Eden of Winton, L.
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.
Evans of Watford, L.
Ezra, L.
Falkender, B.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.
Fookes, B.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Fyfe of Fairfield, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Gavron, L.
Geddes, L.
Giddens, L.
Glenarthur, L.
Glentoran, L.
Goodhart, L.
Goodlad, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greaves, L.
Greengross, B.
Greenway, L.
Gregson, L.
Grenfell, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hale of Richmond, B.
Hamilton of Epsom, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Haskins, L.
Hastings of Scarisbrick, L.
Haworth, L.
Hayman, B.
Henig, B.
Henley, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hoffmann, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howarth of Breckland, B.
Howarth of Newport, L.
Howe, E.
Howell of Guildford, L.
Howells of St. Davids, B.
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.
Inglewood, L.
Irvine of Lairg, L.
Jacobs, 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.
Kalms, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kinnock, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Laird, L.
Lamont of Lerwick, L.
Lawson of Blaby, L.
Layard, L.
Lea of Crondall, L.
Leicester, Bp.
Lester of Herne Hill, L.
Lewis of Newnham, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, E.
Livsey of Talgarth, L.
Lofthouse of Pontefract, L.
London, Bp.
Lucas, L.
Luke, L.
Lyell, L.
Macaulay of Bragar, L.
McColl of Dulwich, L.
McIntosh of Haringey, 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.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
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.

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Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monro of Langholm, L.
Montagu of Beaulieu, L.
Montgomery of Alamein, V.
Montrose, D.
Moonie, L.
Moore of Wolvercote, L.
Moran, L.
Morgan, L.
Morgan of Drefelin, B.
Morgan of Huyton, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Manchester, L.
Morris of Yardley, B.
Mowbray and Stourton, L.
Moynihan, L.
Murphy, B.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Nicholls of Birkenhead, L.
Nicholson of Winterbourne, B.
Nickson, L.
Noakes, B.
Northbrook, L.
Northesk, E.
Northover, B.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
Oppenheim-Barnes, B.
Ouseley, L.
Oxford, Bp.
Palmer, L.
Parekh, L.
Patel, L.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Plummer of St. Marylebone, L.
Ponsonby of Shulbrede, L.
Portsmouth, Bp.
Powell of Bayswater, L.
Prosser, B.
Quirk, L.
Radice, L.
Ramsbotham, L.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees of Ludlow, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Rix, 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.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
St. John of Bletso, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Sewel, L.
Sharp of Guildford, B.
Shaw of Northstead, L.
Sheldon, L.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Finsbury, L.
Smith of Gilmorehill, B.
Snape, L.
Soley, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stevens of Kirkwhelpington, L.
Stewartby, L.
Stoddart of Swindon, L.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thornton, B.
Tomlinson, L.
Tonge, B.
Tope, L.
Tordoff, L.
Trenchard, V.
Triesman, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Tyler, L.
Uddin, B.
Ullswater, V.
Varley, L.
Vincent of Coleshill, L.
Waddington, L.
Wakeham, L.
Wall of New Barnet, B.
Walmsley, B.
Walpole, L.
Warner, L.
Warwick of Undercliffe, B.
Waverley, V.
Weatherill, L.
Weidenfeld, L.
Whitaker, B.
Whitty, L.
Wilkins, B.
Williams of Elvel, L.
Williamson of Horton, L.
Windlesham, L.
Winston, L.
Woolmer of Leeds, L.
Young of Hornsey, B.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Leicester.

Judicial Business

1.Miller (Appellant) v. Miller (Respondent)—
2.McFarlane (Appellant) v. McFarlane (Respondent)—

It was moved by the Lord Nicholls of Birkenhead, That the 55th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged in the appeal of Miller that the Order of Her Majesty’s Court of Appeal of 29th July 2005 and also the Order of Mr Justice Singer in the High Court of Justice Family Division of 24th May 2005 be affirmed and the appeal dismissed; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days: and in the appeal of McFarlane that the appeal be allowed; that the Order of Her Majesty’s Court of Appeal of 7th July 2004 and also paragraphs 1 and 2 of the Order of Mr Justice Bennett in the High Court of Justice Family

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Division Principal Registry of 3rd October 2003 be set aside, and the Order of District Judge Redgrave in the High Court of Justice Family Division Principal Registry of 19th December 2002 restored; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 24

3.Oxfordshire County Council (Respondents) v. Oxford City Council (Respondents) and another (Appellant) (2005)—
4.Oxfordshire County Council (Respondents) v. Oxford City Council (Appellants) and another (Respondent) (2005)—
5.Oxfordshire County Council (Appellants) v. Oxford City Council and another (Respondents) (2005)—

(Conjoined Appeals)—

It was moved by the Lord Hoffmann, That the 56th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged in the appeal of Oxford City Council that paragraph (2) of the Order of Her Majesty’s Court of Appeal of 24th February 2005, so far as regards declaration (ii) of the Order of Mr Justice Lightman in the High Court of Justice Chancery Division of 22nd January 2004, be affirmed and, to that extent, the appeal dismissed; but that the appeal against paragraph (2) of the said Order of Her Majesty’s Court of Appeal, so far as regards declarations (ix) and (x) of the said Order of Mr Justice Lightman, be allowed to the extent that the said declarations (ix) and (x) be set aside and there be substituted for them the opinions expressed in this House; and that there be no order for the costs of the appeal to this House: in the appeal of Robinson that the appeal against paragraph (1) of the Order of the Court of Appeal of 24th February 2005, so far as regards declarations (i) and (iii) of the Order of Mr Justice Lightman in the High Court of Justice Chancery Division of 22nd January 2004, be allowed and, on the basis of the opinions expressed in this House, the said declarations (i) and (iii) restored except that in declaration (iii) the words “or the commencement of legal proceedings to vindicate the existence of the green” be left out; but that paragraph (1) of the said Order of Her Majesty’s Court of Appeal, so far as regards declarations (iv) and (v) of the said Order of Mr Justice Lightman, be affirmed and, to that extent, the appeal dismissed; and that there be no order for the costs of the appeal to this House: and in the appeal of Oxfordshire County Council that paragraphs (3) and (4) of the Order of Her Majesty’s Court of Appeal of 24th February 2005 be affirmed and the appeal dismissed; and that there be no order for the costs of the appeal to this House. [2006] UKHL 25

6.ZT (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—The petition of ZT praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.
7.In re W (a child)—The petition of the mother praying for leave to appeal 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 (lodged 18th May).
8.Appeal Committee—The following Order was made pursuant to the 95th Report:

Armstrong and others (Petitioners) v. Newcastle upon Tyne NHS Hospitals Trust (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

The House was adjourned during pleasure.

The House was resumed.

Papers

9.Command Papers—The following papers, having been presented to the House by command of Her Majesty, were ordered to lie on the Table:
1.European Communities—Statement on the 2006 European Community Budget and measures to counter fraud and financial mismanagement;
 (6770)
2.Constitutional Affairs—Departmental Report for 2005–06 and expenditure plans for 2005-08 of the Department of Constitutional Affairs;
 (6820)
3.Law—Departmental Report for 2006 of the Law Officers’ Departments;
 (6821)
4.Scotland—Report for 2006 of the Scotland Office and the Office of the Advocate General for Scotland;
 (6834)
5.Wales—Report for 2006 of the Wales Office;
 (6835)
6.Legal Services Bill, Draft—Draft Legal Services Bill, Explanatory Notes and Regulatory Impact Assessment;
 (6839)
7.Commercial Debts—Exchange of Notes between the United Kingdom and the Congo concerning Certain Commercial Debts;
 (6844)

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8.Marine Environment—Government Response to the 25th Report of the Royal Commission on Environmental Pollution: Turning the Tide—Addressing the impact of fisheries on the marine environment.
 (6845)
10.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Human Tissue Act 2004 (Persons who Lack Capacity to Consent and Transplants) Regulations 2006, laid under the Human Tissue Act 2004, together with an Explanatory Memorandum;
2.Draft Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006, laid under the Mobile Homes Act 1983, together with an Explanatory Memorandum;
3. (i)Draft Northern Ireland Act 2000 (Modification) (No. 2) Order 2006, together with an Explanatory Memorandum—
(ii)Draft Recovery of Health Services Charges (Northern Ireland) Order 2006, together with an Explanatory Memorandum—
 laid under the Northern Ireland Act 2000.

11. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:

1.Home-Grown Cereals Authority (Rate of Levy) Order 2006, laid under the Cereals Marketing Act 1965;
 (1357)
2.Protection of Wrecks (Designation) (England) (No. 4) Order 2006, laid under the Protection of Wrecks Act 1973.
 (1392)
12.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

Amendment 40 to the Army Pensions Warrant 1977, laid under the Pensions and Yeomanry Pay Act 1884.

Select Committee Reports

13.Conventions—A Special Report from the Joint Committee was made and ordered to be printed. (HL Paper 189)
14.Statutory Instruments—The 27th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instrument:

Draft Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No. 3) Order 2006;

it was ordered that the Report be printed. (HL Paper 190)

15.Science and Technology—The 8th Report from the Select Committee, Water Management, was made and ordered to be printed. (HL Paper 191)
16.Delegated Powers and Regulatory Reform—The following Reports from the Select Committee were made and ordered to be printed:

20th Report, on the Legislative and Regulatory Reform Bill; (HL Paper 192)

21st Report, on the following bills:

Climate Change and Sustainable Development Bill;

Animal Welfare Bill: Government response;

Housing Corporation (Delegation) etc. Bill;

Piped Music and Showing of Television Programmes Bill [HL];

Scotland (Petitions for a Referendum on Independence) Bill [HL];

and on the following proposal for an order under the Regulatory Reform Act 2001:

Proposal for the draft Regulatory Reform (Agricultural Tenancies) Order 2006. (HL Paper 193)

17.Constitution Committee—The following Reports from the Select Committee were made and ordered to be printed:

11th Report, on the Legislative and Regulatory Reform Bill; (HL Paper 194)

12th Report, on the Police and Justice Bill. (HL Paper 195)

Public Business

18.Safeguarding Vulnerable Groups Bill [HL]—The report was received; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; it was ordered that the bill be printed as amended. (HL Bill 115)

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19.Fishing and logging policies—The Baroness Whitaker asked Her Majesty’s Government how they respond to calls for environmentally sustainable fishing and logging policies; after debate, the question was answered by the Baroness Royall of Blaisdon.

The House was adjourned at sixteen minutes before nine o’clock
till tomorrow, eleven o’clock.

APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

The Committee met at a quarter before four o’clock.

Animal Welfare Bill—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after clause 12 stood part.

The Committee was adjourned at twenty minutes before eight o’clock.