House of Lords Journal 239 (Session 2005-06)


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Monday 3rd July 2006

The House met at half-past two o’clock.

The following Lords Spiritual and Temporal were present:

Falconer of Thoroton, L.
(Lord Chancellor)

Acton, L.
Addington, L.
Ahmed, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Ampthill, L.
Anderson of Swansea, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Armstrong of Ilminster, L.
Arran, E.
Ashcroft, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bernstein of Craigweil, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Blackwell, L.
Blood, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bottomley of Nettlestone, B.
Bowness, L.
Boyd of Duncansby, L.
Brabazon of Tara, L.
Bragg, L.
Brennan, 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.
Campbell of Alloway, L.
Campbell-Savours, L.
Carter of Coles, L.
Chalker of Wallasey, B.
Chandos, V.
Chapman, B.
Chester, Bp.
Chidgey, 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.
Corston, B.
Cotter, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cumberlege, B.
Cunningham of Felling, L.
Dahrendorf, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Thornton-le-Fylde, B.
Dearing, L.
Deech, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon-Smith, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Dundee, E.
Dykes, L.
Eccles, V.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Ezra, L.
Falconer of Thoroton, L.
Falkender, B.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fearn, L.

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Feldman, L.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.
Forsyth of Drumlean, L.
Foulkes of Cumnock, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Fritchie, B.
Fyfe of Fairfield, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Gavron, L.
Geddes, L.
Gibson of Market Rasen, B.
Giddens, L.
Gilmour of Craigmillar, L.
Glasgow, E.
Glentoran, L.
Golding, B.
Goldsmith, L.
Goodhart, L.
Goodlad, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Greengross, B.
Greenway, L.
Gregson, L.
Griffiths of Burry Port, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hamilton of Epsom, L.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, L.
Hardie, 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.
Hayhoe, L.
Henig, B.
Henley, L.
Higgins, L.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, B.
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 Wirral, L.
Hurd of Westwell, L.
Hylton, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jenkin of Roding, L.
Jones, L.
Jones of Cheltenham, L.
Jopling, L.
Jordan, L.
Judd, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kingsmill, B.
Kinnock, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Laing of Dunphail, L.
Laird, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lang of Monkton, L.
Layard, L.
Lea of Crondall, L.
Leitch, L.
Lester of Herne Hill, L.
Levy, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, Bp.
Liverpool, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
McColl of Dulwich, L.
McDonagh, B.
Macdonald of Tradeston, L.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
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.
Mar, C.
Mar and Kellie, E.
Marland, L.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Mawhinney, L.
Maxton, L.
Mayhew of Twysden, L.
Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mitchell, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montgomery of Alamein, V.
Moonie, L.
Moore of Wolvercote, L.
Morgan, 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.
Moynihan, L.
Murphy, B.
Naseby, L.
Neill of Bladen, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
Onslow, E.
Oppenheim-Barnes, B.
Ouseley, L.
Oxburgh, L.
Paisley of St George’s, B.
Palmer, L.
Parkinson, L.
Patel of Blackburn, 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.
Pitkeathley, B.
Ponsonby of Shulbrede, L.
Prashar, B.
Prys-Davies, L.
Quin, B.
Quirk, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, 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.
Rooker, L.

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Roper, L.
Rosser, L.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
St John of Fawsley, L.
Sandberg, L.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shephard of Northwold, B.
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.
Southwark, Bp.
Southwell and Nottingham, Bp.
Steel of Aikwood, L.
Steinberg, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Taylor of Warwick, L.
Tebbit, L.
Temple-Morris, L.
Tenby, V.
Teverson, L.
Thomas of Gresford, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomas of Winchester, B.
Thornton, B.
Tomlinson, L.
Tonge, B.
Tope, L.
Trefgarne, L.
Triesman, L.
Trimble, L.
Trumpington, B.
Truscott, L.
Tugendhat, L.
Tunnicliffe, L.
Turnberg, L.
Turnbull, L.
Turner of Camden, B.
Tyler, L.
Uddin, B.
Ullswater, V.
Verma, B.
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 Invergowrie, L.
Waverley, V.
Weatherill, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Windlesham, L.
Woolf, L.
Wright of Richmond, L.
Young of Hornsey, B.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Chester.

1.Baroness Paisley of St George’s—Eileen Emily Paisley, having been created Baroness Paisley of St George’s, of St George’s in the County of Antrim, for life by Letters Patent dated in the forenoon of 14th June 2006, was introduced between the Lord Molyneaux of Killead and the Baroness Boothroyd, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute (see Appendix 1).
2.Lord Boyd of Duncansby—The Right Honourable Colin David Boyd, QC, having been created Baron Boyd of Duncansby, of Duncansby in Caithness, for life by Letters Patent dated in the afternoon of 14th June 2006, was introduced between the Lord Irvine of Lairg and the Lord Hardie, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute (see Appendix 2).
3.Lord Rawlinson of Ewell—The Lord Chancellor acquainted the House that Lord Rawlinson of Ewell, a member of the House, had died on 28th June 2006.

Judicial Business

4.Stansell Limited (Petitioners) v. Co-operative Group (CWS) Limited (Respondents) and another—The petition of Stansell Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 30th June).
5.Beoku-Betts (FC) (Appellant) v. Secretary of State for the Home Department (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 26th June).
6.Wilson (Respondent) v. Jaymarke Estates Limited and another (Appellants) (Scotland)—The appeal was set down for hearing and referred to an Appellate Committee.
7.Riverside Housing Association Limited (Appellants) v. White and another (FC) (Respondents)—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 25th July (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 30th June).

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Papers

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

Broadcasting—Agreement between the Secretary of State for Culture, Media and Sport and the British Broadcasting Corporation.

(6872)

9.Statutory Instruments (Standing Order 71)—The following negative instruments, having been laid before the House on 30th June, were ordered to lie on the Table:
1.Education (Designated Institutions) Order 2006, laid under the Education Reform Act 1988;
 (1674)
2.Pension Protection Fund (Pension Sharing) Regulations 2006, laid under the Pensions Act 2004;
 (1690)
3. (i)Motor Vehicles (EC Type Approval) (Amendment No. 2) Regulations 2006—(1695)
(ii)Technical Assistance Control Regulations 2006—(1719)
 laid under the European Communities Act 1972;
4.Export Control (Security and Para-military Goods) Order 2006, laid under the Export Control Act 2002;
 (1696)
5.Community Benefit Societies (Restriction on Use of Assets) Regulations (Northern Ireland) 2006, laid under the Northern Ireland Act 2000.
 (—)
10.Human Rights—The following Remedial Order was laid before the House for approval by resolution under paragraph 2(a) of Schedule 2 to the Human Rights Act 1998, accompanied by the required information, and referred to the Joint Committee on Human Rights:

Draft Marriage Act 1949 (Remedial) Order 2006.

11.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Occupational Pension Schemes (Winding up Procedure Requirement) Regulations 2006, laid under the European Communities Act 1972;
 (1733)
2.Financial Assistance for Environmental Purposes Order 2006, laid under the Environmental Protection Act 1990;
 (1735)
3.Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006, laid under the Superannuation (Northern Ireland) Order 1972.
 (—)
12.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report and Accounts for 2005 of the Church Commissioners for England, laid under the Church Commissioners Measure 1947;
2.Report for 2005 on New Roads and Street Works, laid under the New Roads and Street Works Act 1991;
3.Report and Accounts for 2004 of the Special EU Programmes Body, laid under the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999;
4.Report and Accounts for 2005-06 of the United Kingdom Hydrographic Office, together with the Report of the Comptroller and Auditor General, laid under the Government Trading Funds Act 1973;
5.Accounts for 2005-06 of the Competition Appeal Tribunal and Competition Service, together with the Report of the Comptroller and Auditor General, laid under the Enterprise Act 2002;
6.Report and Accounts for 2005-06 of the Adult Learning Inspectorate, laid under the Learning and Skills Act 2000.

Private Business

13.Leicester City Council Bill—
14.Liverpool City Council Bill—
15.Maidstone Borough Council Bill—

The bills were reported from the Select Committee without amendment and recommitted to an Unopposed Bill Committee; then the Chairman of Committees directed, pursuant to Private Business Standing Order 121(1)(b), that the order recommitting the bills to an Unopposed Bill Committee be discharged.

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Public Business

16.Commons Bill [HL]—The bill was returned from the Commons agreed to with amendments and with a privilege amendment; it was ordered that the Commons amendments be printed. (HL Bill 134)
17.Information Committee—It was moved by the Chairman of Committees that the Lord Kalms be appointed a member of the Select Committee in the place of the Lord Chadlington; the motion was agreed to.
18.Wireless Telegraphy Bill [HL]—The bill was read a third time and passed and sent to the Commons.
19.Legislative and Regulatory Reform Bill—It was moved by the Lord Bassam of Brighton that the House do resolve itself into a Committee upon the bill; after debate, the motion was agreed to; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed for a statement.
20.Paediatric Medicines: Proposed EU Regulation (EUC Report)—The Baroness Thomas of Walliswood asked Her Majesty’s Government, in the light of the Report of the European Union Committee on Paediatric Medicines: Proposed EU Regulation (20th Report, HL Paper 101), what steps they are taking to ensure that the proposed European Union Regulation on Medicinal Products for Paediatric use will meet satisfactory ethical standards on implementation, that the incentives proposed will be effective, equitable and proportionate and that the working of the Regulation will be rigorously reviewed; after debate, the question was answered by the Lord Warner.

The House was adjourned during pleasure.

The House was resumed.

21.Legislative and Regulatory Reform Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed after amendment 27.

The House was adjourned at half-past ten o’clock
till tomorrow, half-past two o’clock.


APPENDIX 1

ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our right trusty and well beloved Mrs. Eileen Emily Paisley to the state degree style dignity title and honour of Baroness Paisley of St George’s of St George’s in Our County of Antrim

And for Us Our heirs and successors do appoint give and grant unto her the said name state degree style dignity title and honour of Baroness Paisley of St George’s to have and to hold unto her for her life

Willing and by these Presents granting for Us Our heirs and successors that she may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that she may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy

In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster in the forenoon of the fourteenth day of June in the fifty-fifth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL


APPENDIX 2

ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our right trusty and well beloved Counsellor Colin David Boyd one of Our Counsel learned in the Law to the state degree style dignity title and honour of Baron Boyd of Duncansby of Duncansby in Caithness

And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Baron Boyd of Duncansby to have and to hold unto him for his life

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Willing and by these Presents granting for Us Our heirs and successors that he may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that he may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy

In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster in the afternoon of the fourteenth day of June in the fifty-fifth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL