House of Lords Journal 240 (Session 2006-07)


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Monday 18 December 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.
Allenby of Megiddo, V.
Amos, B.
Ampthill, L.
Anderson of Swansea, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Arran, E.
Ashdown of Norton-sub-
Hamdon, L.
Ashley of Stoke, L.
Astor, V.
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.
Bhatia, L.
Billingham, B.
Bilston, L.
Birt, L.
Blackstone, B.
Blood, B.
Boothroyd, B.
Borrie, L.
Bowness, L.
Boyce, L.
Boyd of Duncansby, L.
Brabazon of Tara, L.
Bradley, L.
Bradshaw, L.
Bragg, L.
Bramall, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brooke of Alverthorpe, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burnett, L.
Buscombe, B.
Butler of Brockwell, L.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.
Carlile of Berriew, L.
Carrington, L.
Chidgey, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Cotter, L.
Courtown, E.
Coventry, Bp.
Cox, B.
Craigavon, V.
Crawley, B.
Crickhowell, L.
Cuckney, L.
Cumberlege, B.
Cunningham of Felling, L.
Currie of Marylebone, 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.
Dholakia, L.
Dixon-Smith, L.
Donoughue, L.
D’Souza, B.
Dubs, L.
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.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Ezra, L.
Falkender, B.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Filkin, L.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Foulkes of Cumnock, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Fritchie, B.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Gibson of Market Rasen, B.
Giddens, L.
Gilbert, L.
Glasgow, E.
Glentoran, L.
Goodhart, L.
Goodlad, L.
Goschen, V.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greaves, L.
Greengross, B.
Greenway, L.
Grenfell, L.
Griffiths of Burry Port, L.
Grocott, 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.
Haskins, L.
Haworth, L.
Hayhoe, L.
Higgins, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hollis of Heigham, B.
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.
Hylton, L.
Inge, L.
Irvine of Lairg, L.
James of Blackheath, L.

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Janner of Braunstone, L.
Jay of Ewelme, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Joffe, L.
Jones of Cheltenham, L.
Jones of Whitchurch, B.
Jordan, L.
Judd, L.
Kennedy of The Shaws, B.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsmill, B.
Kinnock, L.
Kirkwood of Kirkhope, L.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lawson of Blaby, L.
Layard, L.
Lea of Crondall, L.
Lee of Trafford, L.
Leicester, Bp.
Lipsey, L.
Listowel, E.
Liverpool, Bp.
Lofthouse of Pontefract, L.
Low of Dalston, L.
Lucas, L.
Luke, L.
Lyell, L.
Lyell of Markyate, L.
McColl of Dulwich, L.
McDonagh, B.
Macdonald of Tradeston, L.
MacGregor of Pulham Market, 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.
Mancroft, L.
Mar and Kellie, E.
Marlesford, L.
Mason of Barnsley, L.
Massey of Darwen, B.
Mawhinney, L.
Maxton, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
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 Manchester, L.
Moser, L.
Murphy, B.
Murton of Lindisfarne, L.
Newby, L.
Newton of Braintree, L.
Nicholls of Birkenhead, L.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Bengarve, B.
O’Neill of Clackmannan, L.
Oppenheim-Barnes, B.
Ouseley, L.
Owen, L.
Oxburgh, L.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Parkinson, L.
Patel, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Peston, L.
Pitkeathley, B.
Plant of Highfield, L.
Platt of Writtle, B.
Plumb, L.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Prosser, B.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Rawlings, B.
Rea, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, 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.
Rowe-Beddoe, L.
Royall of Blaisdon, B.
Ryder of Wensum, L.
St John of Fawsley, L.
Sandberg, L.
Sanderson of Bowden, L.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
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 Finsbury, L.
Smith of Gilmorehill, B.
Snape, L.
Soley, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Steel of Aikwood, L.
Steinberg, L.
Stern, B.
Stevens of Kirkwhelpington, L.
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 Holbeach, L.
Taylor of Warwick, L.
Temple-Morris, L.
Tenby, V.
Teverson, L.
Thomas of Swynnerton, L.
Thomas of Winchester, B.
Thomson of Monifieth, L.
Thornton, B.
Tonge, B.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trenchard, V.
Trimble, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turnbull, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
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.
Warnock, B.
Warwick of Undercliffe, 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.
Wilson of Tillyorn, L.
Windlesham, L.
Woolf, L.
Worcester, Bp.
Wright of Richmond, L.
Young of Hornsey, B.
Young of Norwood Green, L.

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Prayers were read by the Lord Bishop of Liverpool

1    Barony of Spens in the Peerage of the United Kingdom The Petition of Patrick Nathaniel George Spens claiming to have succeeded to the Barony of Spens in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Lord Spens on his register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor for a report to the House in accordance with Standing Order 11.

2    Barony of Strathcarron in the Peerage of the United Kingdom The Petition of Ian David Patrick MacPherson claiming to have succeeded to the Barony of Strathcarron in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Lord Strathcarron on his register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor for a report to the House in accordance with Standing Order 11.

3    Viscountcy of Monckton of Brenchley in the Peerage of the United Kingdom The Petition of Christopher Walter Monckton claiming to have succeeded to the Viscountcy of Monckton of Brenchley in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Viscount Monckton of Brenchley on his register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor for a report to the House in accordance with Standing Order 11.

4    Viscountcy of Cobham in the Peerage of Great Britain The Petition of Christopher Charles Lyttelton claiming to have succeeded to the Viscountcy and Barony of Cobham in the Peerage of Great Britain and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Viscount and Baron Cobham on his register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor for a report to the House in accordance with Standing Order 11.

Private Business

5    Private Bills The Examiners certified that the Standing Orders which are applicable to the petitions for the following bills have been complied with:

    Bournemouth Borough Council;

    Broads Authority;

    Manchester City Council;

    National Trust (Northern Ireland);

    Transport for London (Supplemental Toll Provisions).

Public Business

6    Olympic Games 2012: Costs A question was asked by Lord Clement-Jones and answered by Lord Evans of Temple Guiting.

7    Common Agricultural Policy: single farm payment A question was asked by Lord Soulsby of Swaffham Prior and answered by Lord Rooker.

8    Fishing: fish stocks A question was asked by Baroness Byford and answered by Lord Rooker.

9    Schools: Building Schools for the Future A question was asked by the Lord Bishop of Liverpool and answered by Lord Adonis.

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10    Further Education and Training Bill [HL] Lord Adonis moved that it be an instruction to the Grand Committee to which the Further Education and Training Bill [HL] has been committed that they consider the bill in the following order:

Clauses 1 to 28
Schedule 1
Clause 29
Schedule 2
Clauses 30 to 33.

The motion was agreed to.

11    Consolidated Fund Bill Lord McKenzie of Luton moved that the bill be now read a second time. The motion was agreed to and the Committee was negatived. Then, Standing Order 47 having been dispensed with, the bill was read a third time and passed.

12    Investment Exchanges and Clearing Houses Bill The bill was considered in committee. An amendment was considered and withdrawn. The House resumed and the bill was reported without amendment. The report was received.

13    European Communities (Amendment) Act 1993 Lord McKenzie of Luton moved that this House takes note with approval of the Government’s assessment as set out in the Pre-Budget Report 2006 for the purposes of section 5 of the European Communities (Amendment) Act 1993. After debate, the motion was agreed to.

14    Post-European Council Lord Rooker repeated a ministerial statement made in the House of Commons.

The House adjourned at 6.36pm until Tuesday 19 December at 11.00am.

Grand Committee Business

The Grand Committee met in the Moses Room at 3.30pm

Consumers, Estate Agents and Redress Bill [HL] The Grand Committee considered the bill. Amendments 1 to 66 were considered.    The Committee adjourned after clause 12 was agreed to.

The Committee adjourned at 7.05pm.

Papers

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

Command Paper

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

Departmental Performance—Autumn Performance Report for 2006 of the Northern Ireland Office.                     (6991)

Affirmative Instruments

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

1    (1)    Financial Services and Markets Act 2000 (Regulated Activities) (Amendment No. 3) Order 2006             (3384)

      (2)    Draft Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2006

laid under the Financial Services and Markets Act 2000.

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2    Draft Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007, laid under the Sexual Offences Act 2003.

3    (1)    Draft Waste (Amendment) (Northern Ireland) Order 2007

      (2)    Draft Road Traffic (Northern Ireland) Order 2007

laid under the Northern Ireland Act 2000.

4    Draft Uncertificated Securities (Amendment) Regulations 2006, laid under the Companies Act 1989.

5    Draft Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2006, laid under the European Communities Act 1972.

Regulatory Reform Orders

The following orders were laid before the House under section 6(1) of the Regulatory Reform Act 2001 and referred to the Delegated Powers and Regulatory Reform Committee:

1    Proposal for the Draft Regulatory Reform (Financial Services and Markets Act 2000) Order 2006, together with a statement by the Chancellor of the Exchequer.

2    Proposal for the Draft Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007, together with a statement by the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office.

3    Proposal for the Draft Regulatory Reform (Deer) (England and Wales) Order 2007, together with a statement by the Minister for Biodiversity, Landscape and Rural Affairs.

Negative Instruments

The following instruments were laid before the House:

1    Town and Country Planning (Environmental Impact Assessment) (Amendment) Regulations 2006, laid under the European Communities Act 1972.         (3295)

2    (1)    National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2006         (3306)

      (2)    National Health Service (Pharmaceutical Services) (Amendment) Regulations 2006         (3373)

laid under the National Health Service Act 1977.

3    Building and Approved Inspectors (Amendment) (No. 2) Regulations 2006, laid under the Building Act 1984.         (3318)

4    Police and Justice Act 2006 (Supplementary and Transitional Provisions) Order 2006, laid under the Police and Justice Act 2006.         (3365)

5    Smoke-free (Premises and Enforcement) Regulations 2006, laid under the Health Act 2006.         (3368)

6    (1)    Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments) Order 2006         (3371)

      (2)    Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006                 (3372)

laid under the Enterprise Act 2002.

7    Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2006, laid under the Superannuation Act 1972.         (3374)

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8    (1)    Financial Services and Markets Act 2000 (EEA Passport Rights) (Amendment) Regulations 2006             (3385)

      (2)    Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) (Amendment) Regulations 2006     (3386)

laid under the Financial Services and Markets Act 2000.

9    Gambling Act 2005 (Relevant Offences) (Amendment) Order 2006, laid under the Gambling Act 2005.                 (3391)

Papers not subject to parliamentary proceedings

The following papers were laid before the House:

1    Accounts for 2005–06 of the National Savings Ordinary Deposits, laid under the National Savings Bank Act 1971.

2    Accounts for 2005–06 of the Severn Bridges Act 1992, laid under that Act.

3    Review for 2005 of the Registrar General on Mortality Statistics: deaths by cause, sex and age, laid under the Registration Service Act 1953.

4    Report for 2005–06 of the Community Development Foundation, laid under the Charities Act 1993.

5    Report and Accounts for 2005–06 of the Northern Ireland Human Rights Commission, laid under the Northern Ireland Act 1998.

6    Review of Criminal Justice Inspection Northern Ireland: Handling Volume Crime and the Use of Police Bail, laid under the Justice (Northern Ireland) Act 2002.

7    Statement on behalf of the Secretary of State for Culture, Media and Sport regarding the Appointment of Christopher Rodrigues as Chair of the British Tourist Authority, laid under the Development of Tourism Act 1969.

8    Report and Accounts for 2005–06 of the Scottish Arts Council National Lottery Distribution Fund, laid under the National Lottery etc. Act 1993.

Judicial Business

1    Secretary of State for the Home Department (Respondent) v K (FC) (Appellant) Further to the Order of the House of 18 October 2006 (78th Report Session 2005–06; [2006] UKHL 46), it was ordered that the respondent do pay or cause to be paid to the appellant her costs in the House of Lords and in Her Majesty’s Court of Appeal, the amount of such costs in this House to be certified by the Clerk of the Parliaments if not agreed between the parties and the amount of such costs in Her Majesty’s Court of Appeal to be determined by a Costs Judge if not agreed between the parties; and that the costs of the appellant be taxed in accordance with the Access to Justice Act 1999.

2    Fornah (FC) (Appellant) v Secretary of State for the Home Department (Respondent) Further to the Order of the House of 18 October 2006 (78th Report Session 2005–06; [2006] UKHL 46), it was ordered that the respondent do pay or cause to be paid to the appellant her costs in the House of Lords and in Her Majesty’s Court of Appeal, the amount of such costs in this House to be certified by the Clerk of the Parliaments if not agreed between the parties and the amount of such costs in Her Majesty’s Court of Appeal to be determined by a Costs Judge if not agreed between the parties; and that the costs of the appellant be taxed in accordance with the Access to Justice Act 1999.

3    Yeda Research and Development Company Limited (Appellants) v Rhone-Poulenc Rorer International Holdings Inc and others (Respondents) It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order (lodged 14 December).