House of Lords Journal 239 (Session 2005-06)


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Wednesday 5th July 2006

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

The following Lords Spiritual and Temporal were present:

Hayman, B.
(Lord Speaker)

Acton, L.
Adams of Craigielea, B.
Addington, L.
Adonis, L.
Ahmed, 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.
Arran, E.
Ashcroft, L.
Ashdown of Norton-sub-
Hamdon, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
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.
Bernstein of Craigweil, L.
Bhattacharyya, L.
Biffen, L.
Bingham of Cornhill, L.
Blackstone, B.
Blood, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bottomley of Nettlestone, B.
Bowness, L.
Boyd of Duncansby, L.
Brabazon of Tara, 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.
Brown of Eaton-under-
Heywood, L.
Burlison, L.
Burnett, L.

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Buscombe, B.
Byford, B.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Canterbury, Abp.
Carrington, L.
Carter of Coles, L.
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.
Condon, 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.
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.
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.
Dundee, E.
Dykes, L.
Eccles, V.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Exeter, Bp.
Ezra, L.
Falkender, B.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Ferrers, E.
Filkin, L.
Flather, 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.
Garel-Jones, L.
Gavron, L.
Geddes, L.
Gibson of Market Rasen, B.
Giddens, L.
Golding, B.
Goldsmith, L.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Greaves, L.
Greengross, B.
Greenway, L.
Gregson, L.
Griffiths of Burry Port, L.
Grocott, L.
Hamilton of Epsom, L.
Hanham, B.
Hannay of Chiswick, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Hastings of Scarisbrick, L.
Haworth, L.
Hayhoe, L.
Healey, L.
Henig, B.
Henley, L.
Higgins, L.
Hoffman, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Home, E.
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 Chesterton, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Hurd of Westwell, L.
Hylton, L.
Inglewood, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jopling, L.
Jordan, L.
Judd, L.
Kerr of Kinlochard, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kingsmill, B.
Kirkham, L.
Kirkwood of Kirkhope, L.
Knight of Collingtree, B.
Laing of Dunphail, L.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Layard, L.
Lea of Crondall, L.
Leitch, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, Bp.
Liverpool, E.
Livsey of Talgarth, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
McIntosh of Haringey, L.
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.
Mancroft, L.
Mar, C.
Marland, L.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Maxton, L.
Mayhew of Twysden, L.
Miller of Hendon, B.
Mitchell, L.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.

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Montgomery of Alamein, V.
Moonie, L.
Morgan, L.
Morgan of Drefelin, B.
Morgan of Huyton, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Handsworth, L.
Morris of Manchester, L.
Morrow, L.
Mowbray and Stourton, L.
Murphy, B.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Nicholls of Birkenhead, L.
Noakes, B.
Northbourne, L.
Northover, B.
Norton of Louth, L.
O’Cathain, B.
O’Neill of Bengarve, B.
O’Neill of Clackmannan, L.
Onslow, E.
Oppenheim-Barnes, B.
Ouseley, L.
Paisley of St George’s, B.
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.
Pitkeathley, B.
Plant of Highfield, L.
Platt of Writtle, B.
Plumb, L.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quin, B.
Quirk, 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.
Rendell of Babergh, B.
Rennard, L.
Renton, 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.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
Sainsbury of Turville, L.
St. Edmundsbury and Ipswich, Bp.
St. John of Bletso, L.
St John of Fawsley, L.
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.
Sheikh, L.
Sheldon, L.
Shephard of Northwold, B.
Sheppard of Didgemere, L.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Finsbury, L.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Snape, L.
Southwark, Bp.
Southwell and Nottingham, Bp.
Steel of Aikwood, L.
Steinberg, L.
Stern, B.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Temple-Morris, L.
Teverson, L.
Thomas of Gresford, L.
Thomas of Macclesfield, L.
Thomas of Walliswood, B.
Thomas of Winchester, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tonge, B.
Tope, L.
Tordoff, L.
Trefgarne, L.
Triesman, L.
Trimble, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Turner of Ecchinswell, L.
Tyler, L.
Uddin, B.
Ullswater, V.
Verma, B.
Vincent of Coleshill, L.
Vinson, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Gestingthorpe, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Invergowrie, L.
Watson of Richmond, 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.
Woolmer of Leeds, L.
Worcester, Bp.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Chester.

1.Earldom of Swinton in the Peerage of the United Kingdom—The Lord Chancellor reported that Nicholas John Cunliffe-Lister had established his succession to the Earldom of Swinton. The Clerk of the Parliaments was accordingly directed to enter the Earl of Swinton on the register of hereditary peers maintained under Standing Order 10(5).

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Judicial Business

2.Harding (Appellant) v. Wealands (Respondent)—It was moved by the Lord Bingham of Cornhill, That the 63rd 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 of 17th December 2004 be set aside and the Order of Mr Justice Elias in the High Court of Justice Queen’s Bench Division of 27th May 2004 restored; and that the question of costs in this House and in the Court of Appeal be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 32
3.Sutradhar (FC) (Appellant) v. Natural Environment Research Council (Respondents)—It was moved by the Lord Nicholls of Birkenhead, That the 64th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 20th February 2004 be affirmed and the appeal dismissed; and that the appellant do pay or cause to be paid to the respondents their costs in this House and below, the amount of such costs in this House, if any, to be paid by the appellant and to be paid out of the Community Legal Service Fund to be certified by the Clerk of the Parliaments, if not agreed between the parties, in accordance with regulations pursuant to section 11 of the Access to Justice Act 1999; that costs below be paid in accordance with the Order of Her Majesty’s Court of Appeal of 20th February 2004 which was affirmed; and that the costs of the appellant in this House be taxed in accordance with the Access to Justice Act 1999.
4.Hosseini and others (Petitioners) v. Vice Prosecutor of the Courts of Higher Instance, Paris, France (Respondent)—The petition of Azad Hosseini, Omar Ahmed and Besran Zada praying for leave to appeal in accordance with the Extradition Act 2003 was presented and referred to an Appeal Committee (lodged 27th June).
5.R (on the application of Abrams) (Petitioner) v. Local Government Ombudsman (Respondent)—The petition of Joseph David Abrams praying for leave to appeal was presented and referred to an Appeal Committee.
6.Appeal Committee—The 115th Report from the Appeal Committee was agreed to and the following Order was made— R (on the application of Godmanchester Town Council) (Appellants) v. Secretary of State for the Environment, Food and Rural Affairs (Respondent) and one other action— R (on the application of Drain) (Appellant) v. Secretary of State for the Environment, Food and Rural Affairs (Respondent) and one other action— (Consolidated Appeals)— That the petition of Yattendon Estates Limited that they might be heard or otherwise intervene in the said appeal be allowed.

The House was adjourned during pleasure. The House was resumed.

Papers

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

Contingent Liability—Minute from the Department for Transport providing the annual update concerning Government support for Network Rail borrowing.

(—)

8.Regulatory Reform—The following order was laid before the House under section 4(2) of the Regulatory Reform Act 2001 and referred to the Delegated Powers and Regulatory Reform Committee:

Draft Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006, together with a statement by the Department for Environment, Food and Rural Affairs.

9.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.European Qualifications (Professions Complementary to Dentistry) Regulations 2006, laid under the European Communities Act 1972;
 (1718)
2.Private and Voluntary Health Care (England) (Amendment No.2) Regulations 2006, laid under the Care Standards Act 2000;
 (1734)
3.Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 2) Regulations 2006, laid under the European Communities Act 1972;
 (1742)
4.Gambling Act 2005 (Transitional Provisions) (No. 2) Order 2006, laid under the Gambling Act 2005.
 (1758)

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10.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report for 2005-06 of the Postal Services Commission, laid under the Postal Services Act 2000;
2.Report for 2005 of Her Majesty’s Inspectors of Explosives for Northern Ireland, laid under the Explosives Act 1875;
3.Report and Accounts for 2004-05 of the Northern Ireland Council for the Curriculum, Examinations and Assessment, laid under the Education (Northern Ireland) Order 1998;
4.Amendment List 12 to Air Publication 3392, Volume Seven (First Edition): Regulations for the Reserve Air Forces, laid under the Reserve Forces Act 1996.

Select Committee Report

11.Statutory Instruments—The 32nd Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2006;

Draft Adoption and Children Act 2002 (Consequential Amendment to Statutory Adoption Pay) Order 2006;

Draft Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2006;

it was ordered that the Report be printed. (HL Paper 220)

Public Business

12.Consolidated Fund (Appropriation) (No. 3) Bill—A bill to authorise the use of resources for the service of the year ending with 31st March 2007 and to apply certain sums out of the Consolidated Fund to the service of the year ending with 31st March 2007; to appropriate the supply authorised in this Session of Parliament for the service of the year ending with 31st March 2007; and to repeal certain Consolidated Fund and Appropriation Acts was brought from the Commons endorsed with the certificate of the Speaker that the bill is a money bill and read a first time.
13.Conventions—A message was brought from the Commons that they concur with the order of this House of 20th June that it be an instruction to the Joint Committee on Conventions that it report by the end of this session of Parliament.
14.House Committee—It was moved by the Chairman of Committees that the Lord Speaker (Baroness Hayman) be appointed a member of the House Committee, and that the Lord Speaker be appointed Chairman in place of the Chairman of Committees; the motion was agreed to.
15.Procedure of the House—It was moved by the Chairman of Committees that the Lord Speaker (Baroness Hayman) be appointed a member of the Procedure Committee; the motion was agreed to.
16.Piped Music and Showing of Television Programmes Bill [HL]—The order of commitment was discharged.
17.Education and Inspections Bill—The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; an amendment was agreed to; the House was resumed.
18.Police and Criminal Evidence Act 1984 (Code of Practice C and Code of Practice H) Order 2006—It was moved by the Baroness Scotland of Asthal that the draft Order laid before the House on 14th June be approved; after debate, the motion was agreed to.
19.Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006—It was moved by the Baroness Scotland of Asthal that the draft Order laid before the House on 14th June be approved; after debate, the motion was agreed to.
20.Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2006—It was moved by the Baroness Scotland of Asthal that the draft Order laid before the House on 12th June be approved; after debate, the motion was agreed to.

The House was adjourned during pleasure. The House was resumed.

21.Education and Inspections 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 clause 3 stood part.

The House was adjourned at a quarter before eleven o’clock
till tomorrow, eleven o’clock.