House of Lords Journal 240 (Session 2006-07)


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Thursday 16 November 2006

The House met at 9.45am

The following Lords Spiritual and Temporal were present:

Hayman, B. (Lord Speaker)

Adams of Craigielea, B.
Addington, L.
Alderdice, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anderson of Swansea, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Armstrong of Ilminster, L.
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.
Best, L.
Bilimoria, L.
Billingham, B.
Bilston, L.
Birt, L.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Boyd of Duncansby, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, 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.
Brown of Eaton-under-
Heywood, L.
Browne of Belmont, L.
Bruce-Lockhart, L.
Burlison, L.
Burnett, L.
Burns, L.
Buscombe, B.
Butler of Brockwell, L.
Butler-Sloss, B.
Byford, B.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carnegy of Lour, B.
Carswell, L.
Carter, 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.

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Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Cotter, L.
Courtown, E.
Coventry, Bp.
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.
Dear, L.
Dearing, L.
Denham, L.
Dholakia, L.
Dixon-Smith, L.
Donoughue, L.
D’Souza, B.
Dubs, L.
Dykes, L.
Eatwell, L.
Eccles, V.
Eccles of Moulton, B.
Elder, L.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Evans of Watford, L.
Falconer of Thoroton, L.
Falkender, B.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Ferrers, E.
Finlay of Llandaff, B.
Flather, B.
Ford, B.
Forsyth of Drumlean, L.
Foster of Bishop Auckland, L.
Fowler, L.
Fraser of Carmyllie, L.
Freyberg, L.
Fritchie, B.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Gavron, L.
Geddes, L.
Gibson of Market Rasen, B.
Giddens, L.
Glasgow, E.
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.
Greengross, B.
Greenway, L.
Gregson, L.
Griffiths of Burry Port, L.
Grocott, L.
Hale of Richmond, B.
Hamilton of Epsom, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Harries of Pentregarth, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Haskins, L.
Haworth, L.
Hayhoe, L.
Henig, B.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Hooson, L.
Hope of Craighead, 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.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Wirral, L.
Imbert, L.
Inge, L.
Inglewood, L.
Irvine of Lairg, L.
James of Blackheath, L.
Janner of Braunstone, L.
Jay of Ewelme, L.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jones of Whitchurch, B.
Jordan, L.
Judd, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsdown, L.
Kingsland, L.
Kirkham, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Knight of Collingtree, B.
Laidlaw, L.
Laird, L.
Lamont of Lerwick, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Levy, L.
Lewis of Newnham, L.
Linklater of Butterstone, B.
Lipsey, L.
Liverpool, E.
Lofthouse of Pontefract, L.
Low of Dalston, L.
Lucas, L.
Luke, L.
Lyell, L.
Lyell of Markyate, L.
McAlpine of West Green, L.
McColl of Dulwich, 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.
Mackie of Benshie, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mar, C.
Mar and Kellie, E.
Marland, L.
Marlesford, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Maxton, L.
Meacher, B.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Montrose, D.
Moonie, L.
Moore of Wolvercote, 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.
Morris of Yardley, B.
Moser, L.
Moynihan, L.
Murphy, B.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newcastle, Bp.
Newton of Braintree, L.
Nicholls of Birkenhead, L.
Nicholson of Winterbourne, B.
Noakes, B.
Norton of Louth, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
Onslow, E.
Oppenheim-Barnes, B.
Ouseley, L.
Palmer, L.
Park of Monmouth, B.
Patel, L.
Patel of Blackburn, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Quin, B.

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Quirk, L.
Ramsbotham, L.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Renton of Mount Harry, L.
Richard, L.
Richardson of Calow, B.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodger of Earlsferry, L.
Rogan, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Royall of Blaisdon, B.
St. John of Bletso, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Selsdon, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheikh, L.
Sheldon, L.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Slim, V.
Smith of Clifton, L.
Smith of Finsbury, L.
Soley, L.
Southwark, Bp.
Southwell and Nottingham, Bp.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Taylor of Holbeach, L.
Tebbit, L.
Temple-Morris, L.
Teverson, L.
Thomas of Winchester, B.
Thornton, B.
Tomlinson, L.
Tonge, B.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trimble, L.
Trumpington, B.
Truro, Bp.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Verma, B.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Invergowrie, 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.
Wilson of Tillyorn, L.
Windlesham, L.
Worcester, Bp.
Wright of Richmond, L.
Young of Hornsey, B.
Young of Norwood Green, L.

Prayers were read by the Lord Bishop of Truro

Judicial Business

For judicial business see below

The House adjourned. The House resumed.

Private Business

1    London Local Authorities Bill [HL] The Chairman of Committees informed the House that, in accordance with SO 150A (Suspension of Bills), the bill had been deposited in the Office of the Clerk of the Parliaments together with the declaration of the agent. The bill was presented and read a first time. It was then deemed to have been read a second time, and reported from the Select Committee and from the Unopposed Bill Committee.

2    Transport for London Bill [HL] The Chairman of Committees informed the House that, in accordance with SO 150A (Suspension of Bills), the bill had been deposited in the Office of the Clerk of the Parliaments together with the declaration of the agent. The bill was presented and read a first time. It was then deemed to have been read a second time, reported from the Select Committee and re-committed to an Unopposed Bill Committee.

3    Whitehaven Harbour Bill [HL] The Chairman of Committees informed the House that, in accordance with SO 150A (Suspension of Bills), the bill had been deposited in the Office of the Clerk of the Parliaments together with the declaration of the agent. The bill was presented and read a first time. It was then deemed to have been read a second time and committed to an Unopposed Bill Committee.

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Public Business

4    Mental Health Bill [HL] Lord Warner presented a bill to amend the Mental Health Act 1983 and the Mental Capacity Act 2005 in relation to mentally disordered persons. It was read a first time and ordered to be printed. (HL Bill 1)

5    Mental Health Bill [HL] The Explanatory Notes on the bill were ordered to be printed. (HL Bill 1-EN)

6    Consumers, Estate Agents and Redress Bill [HL] Lord Truscott presented a bill to make provision for the establishment of the National Consumer Council and its functions; to make provision for the abolition of other consumer bodies; to make provision about the handling of consumer complaints by certain suppliers and provision requiring certain suppliers to be members of redress schemes in respect of consumer complaints; to amend the Estate Agents Act 1979; to make provision about the cancellation of certain contracts concluded away from business premises; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 2)

7    Consumers, Estate Agents and Redress Bill [HL] The Explanatory Notes on the bill were ordered to be printed. (HL Bill 2-EN)

8    Forced Marriage (Civil Protection) Bill [HL] Lord Lester of Herne Hill presented a bill to make provision for protecting individuals against being forced to enter into marriage without their free and full consent; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 3)

9    Palliative Care Bill [HL] Baroness Finlay of Llandaff presented a bill to make provision about palliative care for persons who are suffering from terminal illness; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 4)

10    Queen’s Speech The debate on the motion that a Humble Address be presented to Her Majesty was resumed and, after further debate, was again adjourned until Monday 20 November.

11    Tribunals, Courts and Enforcement Bill [HL] Baroness Ashton of Upholland presented a bill to make provision about tribunals and inquiries; to establish an Administrative Justice and Tribunals Council; to amend the law relating to judicial appointments; to amend the law relating to the enforcement of judgments and debts; to make further provision about the management and relief of debt; to make provision protecting cultural objects from seizure or forfeiture in certain circumstances; to amend the law relating to the taking of possession of land affected by compulsory purchase; to alter the powers of the High Court in judicial review applications; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 5)

12    Tribunals, Courts and Enforcement Bill [HL] The Explanatory Notes on the bill were ordered to be printed. (HL Bill 5-EN)

The House adjourned at 4.35pm until Monday 20 November at 2.30pm.

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Papers

All statutory instruments laid before the House are accompanied by an Explanatory Memorandum presented by command of Her Majesty, unless otherwise indicated.

Instrument Withdrawn

The following instrument, laid before the House on 15 November, was withdrawn:

Draft Petroleum Act 1998 (Third Party Access) Order 2006.

Affirmative Instruments

The following instruments were laid before the House for approval by resolution:

1    Draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment No. 2) (England and Wales) Order 2006, laid under the Rehabilitation of Offenders Act 1974.

2   (1)  Draft Compensation (Claims Management Services) Regulations 2006

     (2)  Draft Compensation (Specification of Benefits) Order 2006

     (3)  Draft Compensation (Regulated Claims Management Services) Order 2006

laid under the Compensation Act 2006.

3    Draft Asylum (First List of Safe Countries) (Amendment) Order 2006, laid under the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.

Negative Instruments

The following instruments were laid before the House:

1    Pensions Act 2004 (Disclosure of Restricted Information) (Amendment of Specified Persons) Order 2006, laid under the Pensions Act 2004.     (2937)

2  (1)  Encouraging Electoral Participation (Reimbursement of Expenses) (England and Wales) Regulations 2006     (2972)

    (2)  Absent Voting (Transitional Provisions) (England and Wales) Regulations 2006     (2973)

laid under the Electoral Administration Act 2006.

3    Political Donations and Regulated Transactions (Anonymous Electors) (England and Wales) Regulations 2006, laid under the Political Parties, Elections and Referendums Act 2000.     (2974)

4    Electricity Act 1989 (Exemption from the Requirement for a Generation Licence) (England and Wales) Order 2006, laid under the Electricity Act 1989.     (2978)

Papers not subject to parliamentary proceedings

The following papers were laid before the House:

1    Report of the making of a call out order of members of the Reserve Forces, laid under the Reserve Forces Act 1996.

2    Report and Accounts for 2005–06 of the National Crime Squad, laid under the Police Act 1997.

3    Report and Accounts for 2004 of the General Medical Council, laid under the Medical Act 1983.

4    Report and Accounts for 2005–06 of the Northern Ireland Transport Holding Company, laid under the Transport Act (Northern Ireland) 1967.

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Judicial Business

1    Standard Commercial Property Securities Limited and others (Respondents) v. Glasgow City Council (Appellants) and others (Scotland)

2    Standard Commercial Property Securities Limited and others (Respondents) v. Glasgow City Council and others (Appellants) (Scotland)

(Conjoined Appeals)

It was moved by Lord Nicholls of Birkenhead that the 1st Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged, That the appeals be allowed; that the Interlocutor of the First Division of the Inner House of the Court of Session in Scotland of 3 December 2004 be recalled and the Interlocutor of the Lord Ordinary of 1 June 2004 restored; and that, in each appeal, the respondents do pay to the appellants their costs of the appeal in this House. [2006] UKHL50

3    In re D (a child) It was moved by Lord Nicholls of Birkenhead that the 2nd 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 25 May 2006 and also the Order of Mrs Justice Hogg DBE in the Principal Registry of the Family Division of the High Court of Justice of 28 March 2006 be set aside; that the originating summons of 14 February 2003 and the proceedings be dismissed; and that the question of costs in this House and in the courts below be adjourned in order that all the parties may make written submissions within 14 days. [2006] UKHL51

4    Clarke (Appellant) v. Fennoscandia Limited and others (Respondents) (Scotland) The appeal of Robert Clarke was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 15 January.

5    R v. G (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) The appeal of G was presented and ordered to be prosecuted subject to the procedures applicable thereto.

6    Saber (AP) (Original Appellant and Cross-respondent) v. Secretary of State for the Home Department (Original Respondent and Cross-appellant) (Scotland) The cross-appeal of the Secretary of State for the Home Department was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 15 January (lodged 13 November).

7    R (on the application of Begum and others) (FC) (Petitioners) v. Returning Officer for London Borough of Tower Hamlets (Respondent) The petition of Sultana Begum, Mohammed Hassan and Fayaz Ali praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners’ certificates of public funding were lodged (lodged 6 November).

8    R (on the application of Haw) (FC) (Petitioner) v. Secretary of State of the Home Department and another (Respondents) The petition of Brian Haw praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 10 November).

9    Chikwamba (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent) The petition of Sylvia Chikwamba praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.

10    In re Leachman (Petitioner) (application for a writ of Habeas Corpus) The petition of Winston Elijah Leachman praying for an extension of time within which the petition may be lodged, and for leave to appeal in accordance with the Administration of Justice Act 1960, was presented and referred to an Appeal Committee.

11    Grieves (Appellant) v. F T Everard & Sons Limited and others (Respondents) The appeal was set down for hearing and referred to an Appellate Committee (lodged 10 November).

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12    Principal and Fellows of Newnham College in the University of Cambridge (Respondents) v. Her Majesty’s Revenue and Customs (Appellants) The appeal was set down for hearing and referred to an Appellate Committee (lodged 10 November).

13    Appeal Committee The following Order was made pursuant to the 127th Report (Session 2005-06):

R v. Carmona (Petitioner) That leave to appeal be refused.