House of Lords Journal 240 (Session 2006-07)


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Monday 27 November 2006

The House met at 2.30pm

The following Lords Spiritual and Temporal were present:

Hayman, B. (Lord Speaker)

Adams of Craigielea, B.
Addington, L.
Adonis, L.
Ahmed, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Ampthill, L.
Anderson of Swansea, L.
Andrews, B.
Anelay of St Johns, B.
Arran, E.
Ashcroft, L.
Ashdown of Norton-sub-
Hamdon, L.
Ashley of Stoke, L.
Astor of Hever, L.
Attlee, E.
Baker of Dorking, L.
Ballyedmond, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bhatia, L.
Bhattacharyya, L.
Bilimoria, L.
Billingham, B.
Bilston, L.
Birt, L.
Blackstone, B.
Blaker, L.
Bledisloe, V.
Blood, B.
Borrie, L.
Boston of Faversham, L.
Bottomley of Nettlestone, B.
Bowness, L.
Boyce, L.
Boyd of Duncansby, L.
Brabazon of Tara, L.
Bradshaw, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Broers, L.
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.
Browne of Belmont, L.
Burlison, L.
Buscombe, B.
Byford, B.
Campbell of Alloway, L.
Campbell-Savours, L.
Carey of Clifton, L.
Carnegy of Lour, B.
Carrington, L.
Carter of Coles, L.
Chandos, V.
Chapman, B.
Chester, Bp.
Chidgey, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clinton-Davis, L.
Cobbold, L.
Cohen of Pimlico, B.
Colwyn, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Corston, B.
Cotter, L.
Courtown, E.
Coventry, Bp.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crawley, B.
Crickhowell, L.
Croham, L.
Cumberlege, B.
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 Thornton-le-Fylde, B.
Dear, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon-Smith, L.
Donoughue, L.
D’Souza, B.
Dykes, L.
Eatwell, L.
Eccles, V.
Elder, L.
Elliott of Morpeth, L.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Exeter, Bp.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fearn, L.
Ferrers, E.
Filkin, L.
Fookes, B.
Ford, B.
Forsyth of Drumlean, L.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Garel-Jones, L.
Gavron, L.
Geddes, L.
Gibson of Market Rasen, B.
Giddens, L.
Gilmour of Craigmillar, L.
Glasgow, E.
Glenarthur, L.
Golding, B.
Goodhart, L.
Goodlad, L.
Goschen, V.

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Goudie, B.
Gould of Potternewton, B.
Grabiner, L.
Graham of Edmonton, L.
Greaves, L.
Greengross, B.
Greenway, L.
Gregson, L.
Griffiths of Burry Port, L.
Grocott, L.
Hamilton of Epsom, L.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, L.
Harries of Pentregarth, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Haskins, L.
Hastings of Scarisbrick, L.
Haworth, L.
Hayhoe, L.
Healey, L.
Henley, L.
Higgins, L.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, 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 Kings Heath, L.
Hunt of Wirral, L.
Hurd of Westwell, L.
Imbert, L.
Inge, L.
Inglewood, L.
Irvine of Lairg, L.
Jacobs, L.
James of Blackheath, L.
James of Holland Park, B.
Janner of Braunstone, L.
Jay of Ewelme, L.
Jenkin of Roding, L.
Jones, L.
Jones of Cheltenham, L.
Jones of Whitchurch, B.
Jopling, L.
Jordan, L.
Judd, L.
Kilclooney, L.
Kimball, L.
King of West Bromwich, L.
Kingsland, L.
Kingsmill, B.
Kinnock, L.
Kirkham, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Laird, L.
Lang of Monkton, L.
Layard, L.
Lea of Crondall, L.
Lee of Trafford, L.
Lipsey, L.
Liverpool, Bp.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lockwood, B.
Lofthouse of Pontefract, L.
London, Bp.
Low of Dalston, L.
Lucas, L.
Luke, L.
Lyell, L.
Lyell of Markyate, L.
Macdonald of Tradeston, L.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
McKenzie of Luton, L.
Mackie of Benshie, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Manchester, Bp.
Mar, C.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Maxton, L.
Meacher, B.
Michie of Gallanach, B.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.
Montgomery of Alamein, V.
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.
Murphy, B.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Noakes, B.
Northbrook, L.
Northesk, E.
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.
Palmer, L.
Parkinson, L.
Patel of Blackburn, L.
Patel of Bradford, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plumb, L.
Ponsonby of Shulbrede, L.
Prosser, B.
Puttnam, L.
Quin, B.
Quinton, L.
Quirk, L.
Radice, L.
Ramsbotham, L.
Randall of St. Budeaux, L.
Rawlings, B.
Rea, L.
Redesdale, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Renfrew of Kaimsthorn, L.
Rennard, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Rotherwick, L.
Rowe-Beddoe, L.
Russell-Johnston, L.
Ryder of Wensum, L.
Sainsbury of Turville, L.
St. John of Bletso, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sanderson of Bowden, L.
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.
Sheldon, L.
Shephard of Northwold, B.
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 Leigh, L.
Snape, L.
Soley, L.
Southwark, Bp.
Stevens of Kirkwhelpington, L.
Stevens of Ludgate, L.
Stewartby, L.

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Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Temple-Morris, L.
Tenby, V.
Teverson, L.
Thomas of Gresford, L.
Thomas of Macclesfield, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomas of Winchester, B.
Thornton, B.
Tomlinson, L.
Tonge, B.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trimble, L.
Trumpington, B.
Truscott, L.
Tugendhat, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Valentine, B.
Vallance of Tummel, L.
Verma, B.
Vincent of Coleshill, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Watson of Invergowrie, L.
Watson of Richmond, 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.
Willoughby de Broke, L.
Winchester, Bp.
Windlesham, L.
Young of Hornsey, B.
Young of Norwood Green, L.

Prayers were read by the Lord Bishop of Manchester

1    Lord Peyton of Yeovil The Lord Speaker informed the House that Lord Peyton of Yeovil, a member of the House, had died on 22 November 2006.

Private Business

2    Petitions for private bills The following petitions for private bills were deposited on or before 27 November 2006 in accordance with Private Business Standing Orders:

Name of Petition
Bournemouth Borough Council
Broads Authority
Manchester City Council
National Trust (Northern Ireland)
Transport for London (Supplemental
Toll Provisions)
By whom deposited
Sharpe Pritchard
Winckworth Sherwood
Sharpe Pritchard
Winckworth Sherwood
Rees & Freres.

Public Business

3    European Union: non-metric terms A question was asked by Lord Pearson of Rannoch and answered by Lord Truscott.

4    Children and young people: bullying A question was asked by Baroness Massey of Darwen and answered by Lord Adonis.

5    Allotments A question was asked by Baroness Sharples and answered by Baroness Andrews.

6    Prisoners: foreign nationals A question was asked by Lord Waddington and answered by Baroness Scotland of Asthal.

7    Concessionary Bus Travel Bill [HL] Lord Davies of Oldham presented a bill to make provision about travel concessions; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 13)

8    Concessionary Bus Travel Bill [HL] The Explanatory Notes on the bill were ordered to be printed. (HL Bill 13-EN)

9    Disabled Persons (Independent Living) Bill [HL] Lord Ashley of Stoke presented a bill to impose duties upon certain persons and bodies in respect of disabled persons; to confer certain rights upon

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disabled persons for independent living; to amend the Mental Health Act 1983; to amend the Care Standards Act 2000; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 14)

10    Administration and Works The Chairman of Committees moved that a Select Committee be appointed to consider administrative services, accommodation and works, including works relating to security, within financial limits approved by the House Committee;

That, as proposed by the Committee of Selection, the following members together with the Chairman of Committees be appointed to the Committee:

V Allenby of Megiddo
L Cope of Berkeley
L Grocott
B Hollis of Heigham
E Mar and Kellie
B Masham of Ilton
L Naseby
L Shutt of Greetland
Bp Southwell and Nottingham
V Ullswater
B Wilkins
L Williamson of Horton;

That the Committee have leave to report from time to time.

The motion was agreed to.

11    Liaison The Chairman of Committees moved that a Select Committee be appointed to advise the House on the resources required for select committee work and to allocate resources between select committees; to review the select committee work of the House; to consider requests for ad hoc committees and report to the House with recommendations; to ensure effective co-ordination between the two Houses; and to consider the availability of members to serve on committees;

That, as proposed by the Committee of Selection, the following members together with the Chairman of Committees be appointed to the Committee:

B Amos (Lord President)
L Geddes
B McIntosh of Hudnall
L McNally
L Moser
L Richard
L Strathclyde
B Thomas of Winchester
L Wakeham
L Williamson of Horton;

That the Committee have leave to report from time to time;

That the Committee have power to appoint specialist advisers.

The motion was agreed to.

12    Procedure of the House The Chairman of Committees moved that the Select Committee on Procedure of the House be appointed and that, as proposed by the Committee of Selection, the following members together with the Chairman of Committees be appointed to the Committee:

L Addington
B Amos (Lord President)
V Bledisloe
L Cope of Berkeley
B David
B D’Souza
L Elton
L Grocott
B Hayman (Lord Speaker)
L McNally
B Northover
L Rosser
B Shephard of Northwold
L Shutt of Greetland
L Strathclyde
L Wakeham
L Williams of Elvel
L Williamson of Horton;

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And that the following members be appointed as alternate members:

L Dubs
L Jopling
L Palmer
V Slim
B Thomas of Winchester.

The motion was agreed to.

13    Works of Art The Chairman of Committees moved that a Select Committee be appointed to administer the House of Lords Works of Art Collection Fund; and to consider matters relating to works of art and the artistic heritage in the House of Lords, within financial limits approved by the House Committee;

That, as proposed by the Committee of Selection, the following members be appointed to the Committee:

L Bernstein of Craigweil
L Crathorne (Chairman)
V Falkland
L Gavron
E Glasgow
L Harris of Peckham
B Hilton of Eggardon
E Onslow
L Palmer
Ly Saltoun of Abernethy
L Thomas of Swynnerton
B Trumpington;

That the Committee have leave to report from time to time.

The motion was agreed to.

14    Queen’s Speech The debate was resumed on the motion that a Humble Address be presented to Her Majesty as follows—

“Most Gracious Sovereign,

We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament.”;

after further debate, the motion was agreed to, and the Lord Chamberlain was ordered to present the Address to Her Majesty.

The House adjourned at 9pm until Tuesday 28 November at 2.30pm.

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 23 November, was withdrawn:

Draft Films (Definition of “British Film”) (No. 2) Order 2006.

Command Paper

The following paper was presented to the House by command of Her Majesty on 24 November:

European Union—Protocol drawn up on the basis of Article K.3 of the Treaty on European Union, on the scope of the laundering of proceeds in the Convention on the use of information technology for

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customs purposes and the inclusion of the registration number of the means of transport in the Convention.

Statutory Instruments (Standing Order 71)

The following negative instruments, having been laid before the House on 24 November, were ordered to lie on the Table:

1    Occupational Pensions (Revaluation) Order 2006, laid under the Pension Schemes Act 1993.     (3086)

2    Social Security (Incapacity Benefit Work-focused Interviews) Amendment (No. 2) Regulations 2006, laid under the Social Security Administration Act 1992.     (3088)

3  (1)  Local Authorities (Categorisation) (England) Order 2006     (3096)

    (2)  Local Government (Best Value Authorities) (Power to Trade) (Amendment) (England) Order 2006     (3102)

laid under the Local Government Act 2003.

4    Single European Sky (Functions of the National Supervisory Authority) Regulations 2006, laid under the European Communities Act 1972.     (3104)

5    Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006, laid under the Northern Ireland Act 2000.     (—)

Negative Instruments

The following instruments were laid before the House:

1    Occupational Pension Schemes (Levy Ceiling—Earnings Percentage Increase) Order 2006, laid under the Pensions Act 2004.     (3105)

2    Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2006, laid under the European Communities Act 1972.     (3106)

3    Civil Procedure (Amendment No. 2) Rules 2006, laid under the Civil Procedure Act 1997.     (3132)

Instruments not subject to parliamentary proceedings

The following instruments were laid before the House:

1  (1)  Naval and Marine Pay and Pensions (Hong Kong Locally Engaged Ratings’ Service Gratuities and Attributable Disablement and Death Awards) Order 2006     (—)

    (2)  Naval and Marine Pay and Pensions (Maltese Naval Locally Engaged Personnel Disablement Awards) Order 2006     (—)

laid under the Naval and Marine Pay and Pensions Act 1865.

2  Transformational Grants Joint Scheme (Revocation) Order 2006, laid under the National Lottery etc. Act 1993.     (3146)

Judicial Business

1    Boss Holdings Limited (Petitioners) v. Grosvenor West End Properties and others (Respondents) The petition of Boss Holdings Limited praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

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2    Appeal Committee The following Order was made pursuant to the 135th Report (Session 2005-06):

Sony Computer Entertainment Europe Limited (Petitioners) v. Her Majesty’s Revenue and Customs (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.

3    Appeal Committee The 4th Report from the Appeal Committee was agreed to and the following Orders were made:

MS (by his father and litigation friend) (Respondent) v. London Borough of Tower Hamlets (Petitioners) That leave to appeal be refused; that the respondent be at liberty to apply for his 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.

McLoughlin (Petitioner) v. Jones and others (t/a Grovers (a firm)) (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.

Condeú Nast Publications Limited (Respondents) v. Her Majesty’s Revenue and Customs (Petitioners) That leave to appeal be given; and that the petition of appeal be lodged by 11 December.

Stewart (Petitioner) v. Scottish Widows plc (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.

Department for Transport, Environment and the Regions (Respondents) v. Mott Macdonald Limited and others (Petitioners) 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.

McKittrick (AP) (Petitioner) v. Her Majesty’s Revenue and Customs (Respondents) and one other action (AP) (Northern Ireland) That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Cadbury Schweppes plc and others (Petitioners) v. Williams (Her Majesty’s Inspector of Taxes) (Respondent) 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.

Marsh and others (Respondents) v. Maggs (t/a BM Builders) (Petitioner) 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.