House of Lords Journal 240 (Session 2006-07)


Previous Next

Wednesday 24 January 2007

The House met at 9.45am

The following Lords Spiritual and Temporal were present:

Hayman, B. (Lord Speaker)

Acton, L.
Adams of Craigielea, B.
Addington, L.
Ahmed, L.
Alli, L.
Alton of Liverpool, L.
Amos, B.
Anderson of Swansea, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Armstrong of Ilminster, L.
Arran, E.
Ashley of Stoke, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Ballyedmond, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Best, L.
Bhatia, L.
Bhattacharyya, L.
Biffen, L.
Billingham, B.
Bilston, L.
Birt, L.
Blackstone, B.
Bledisloe, V.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Boyce, L.
Boyd of Duncansby, L.
Brabazon of Tara, L.
Bragg, L.
Bramall, L.
Brennan, L.
Brett, L.
Bridgeman, V.

Page 169            2006-07      Volume 240      

Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Browne of Belmont, L.
Burlison, L.
Burnett, L.
Buscombe, B.
Butler-Sloss, B.
Byford, B.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carter of Coles, L.
Chalker of Wallasey, B.
Chandos, V.
Chidgey, L.
Chorley, L.
Christopher, L.
Clarke of Hampstead, L.
Clinton-Davis, L.
Cobbold, L.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Cotter, L.
Courtown, E.
Craig of Radley, L.
Craigavon, V.
Crawley, B.
Crickhowell, L.
Currie of Marylebone, L.
Darcy de Knayth, B.
David, B.
Davies of Oldham, L.
De Mauley, L.
Dean of Harptree, L.
Deech, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Dundee, E.
Durham, Bp.
Dykes, L.
Eatwell, L.
Eccles, V.
Eccles of Moulton, B.
Elder, L.
Elliott of Morpeth, L.
Elton, L.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Evans of Watford, L.
Ezra, L.
Falkender, B.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Filkin, L.
Fookes, B.
Ford, B.
Foster of Bishop Auckland, 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.
Geddes, L.
Gibson of Market Rasen, B.
Giddens, L.
Gilbert, L.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goodlad, L.
Gordon of Strathblane, L.
Goschen, V.
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.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, L.
Harries of Pentregarth, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haworth, L.
Hayhoe, L.
Hilton of Eggardon, B.
Hollick, L.
Hollis of Heigham, B.
Hooson, L.
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.
Inge, L.
Irvine of Lairg, L.
James of Blackheath, L.
Janner of Braunstone, L.
Jay of Ewelme, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Jones, L.
Jones of Cheltenham, L.
Jopling, L.
Jordan, L.
Judd, L.
Kalms, L.
Kennedy of The Shaws, B.
Kerr of Kinlochard, L.
Kilclooney, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kingsmill, B.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Laing of Dunphail, L.
Laming, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Lee of Trafford, L.
Lewis of Newnham, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, Bp.
Liverpool, E.
Lloyd of Berwick, L.
Lofthouse of Pontefract, L.
Low of Dalston, L.
Lucas, L.
Luce, L.
Luke, L.
Lyell, L.
Lyell of Markyate, L.
McAlpine of West Green, L.
Macaulay of Bragar, L.
McColl of Dulwich, L.
McDonagh, B.
Macdonald of Tradeston, L.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackay of Clashfern, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Manchester, Bp.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Mawhinney, L.
Maxton, L.
May of Oxford, L.
Meacher, B.
Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monson, L.
Montgomery of Alamein, V.
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.
Moser, L.
Murton of Lindisfarne, L.
Naseby, L.

Page 170            2006-07      Volume 240      Back to top

Newby, L.
Newton of Braintree, L.
Noakes, B.
Northbourne, L.
Northover, B.
Oakeshott of Seagrove Bay, L.
O’Neill of Bengarve, B.
O’Neill of Clackmannan, L.
Ouseley, L.
Owen, L.
Paisley of St George’s, B.
Palmer, L.
Park of Monmouth, B.
Patel, L.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Prosser, B.
Puttnam, L.
Quin, B.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Reay, L.
Redesdale, L.
Rennard, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Royall of Blaisdon, B.
Ryder of Wensum, L.
St. John of Bletso, L.
St John of Fawsley, L.
Sandwich, E.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sewel, L.
Sharp of Guildford, B.
Shaw of Northstead, L.
Sheikh, 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.
Soley, L.
Soulsby of Swaffham Prior, L.
Steel of Aikwood, L.
Stevens of Kirkwhelpington, L.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Taylor of Holbeach, L.
Taylor of Warwick, L.
Temple-Morris, L.
Teverson, 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.
Trenchard, V.
Triesman, L.
Trimble, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Tyler, L.
Uddin, B.
Ullswater, V.
Vincent of Coleshill, L.
Wade of Chorlton, L.
Wakeham, L.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Invergowrie, 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.
Windlesham, L.
Woolmer of Leeds, L.
Worcester, Bp.
Young of Norwood Green, L.

Prayers were read by the Lord Bishop of Manchester

Judicial Business

For judicial business see below.

The House adjourned. The House resumed.

1    Barony of Spens in the Peerage of the United Kingdom The Lord Chancellor reported that Patrick Nathaniel George Spens had established his succession to the Barony of Spens. The Clerk of the Parliaments was accordingly directed to enter the Lord Spens on the register of hereditary peers maintained under Standing Order 10(5).

2    Barony of Strathcarron in the Peerage of the United Kingdom The Lord Chancellor reported that Ian David Patrick Macpherson had established his succession to the Barony of Strathcarron. The Clerk of the Parliaments was accordingly directed to enter the Lord Strathcarron on the register of hereditary peers maintained under Standing Order 10(5).

Page 171            2006-07      Volume 240      Back to top

3    Viscountcy of Monckton of Brenchley in the Peerage of the United Kingdom The Lord Chancellor reported that Christopher Walter Monckton had established his succession to the Viscountcy of Monckton of Brenchley. The Clerk of the Parliaments was accordingly directed to enter the Viscount Monckton of Brenchley on the register of hereditary peers maintained under Standing Order 10(5).

4    Viscountcy of Cobham in the Peerage of Great Britain The Lord Chancellor reported that Christopher Charles Lyttelton had established his succession to the Viscountcy of Cobham. The Clerk of the Parliaments was accordingly directed to enter the Viscount Cobham on the register of hereditary peers maintained under Standing Order 10(5).

Select Committee Reports

5    Tax Law Rewrite Bills

The following Report from the Joint Committee was made and ordered to be printed, together with the minutes of proceedings and the minutes of evidence:

First Report on the Income Tax Bill. (HL Paper 36)

6    Statutory Instruments    

The following Report from the Joint Committee was made and ordered to be printed:

6th Report on certain statutory instruments, including the following affirmative instrument:

Mental Capacity Act 2005 (Loss of Capacity during Research Project) (England) Regulations 2007. (HL Paper 37)

Public Business

7    Remembrance Day A question was asked by Lord Wallace of Saltaire and answered by Lord Davies of Oldham.

8    Immigration: X-rays A question was asked by Lord Avebury and answered by Lord Bassam of Brighton.

9    Double Summertime: tourism A question was asked by Lord Lee of Trafford and answered by Lord Truscott.

10    Iraq: refugees A question was asked by Baroness Williams of Crosby and answered by Baroness Royall of Blaisdon.

11    Armed Forces: nuclear deterrent Lord Drayson moved that this House takes note of the White Paper, The Future of the United Kingdom’s Nuclear Deterrent. After debate, the motion was agreed to.

12    Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2007 The Grand Committee reported that it had considered the draft order.

13    Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 The Grand Committee reported that it had considered the draft order.

14    Street Works (Amendment) (Northern Ireland) Order 2007 The Grand Committee reported that it had considered the draft order.

15    District Electoral Areas Commissioner (Northern Ireland) (Amendment) Order 2006 The Grand Committee reported that it had considered the draft order.

16    Northern Ireland Assembly (Elections) (Amendment) Order 2007 The Grand Committee reported that it had considered the draft order.

17    Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 The Grand Committee reported that it had considered the draft order.

Page 172            2006-07      Volume 240      Back to top

18    Pharmacists and Pharmacy Technicians Order 2007 The Grand Committee reported that it had considered the draft order.

The House adjourned at 9.22pm until Thursday 25 January at 11.00am.

Grand Committee Business

The Grand Committee met in the Moses Room at 3.45pm

Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2007 It was moved by Lord Rooker that the Grand Committee do consider the draft Order. After debate, the motion was agreed to.

Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 It was moved by Lord Rooker that the Grand Committee do consider the draft Order. After debate, the motion was agreed to.

Street Works (Amendment) (Northern Ireland) Order 2007 It was moved by Lord Rooker that the Grand Committee do consider the draft Order. After debate, the motion was agreed to.

District Electoral Areas Commissioner (Northern Ireland) (Amendment) Order 2006 It was moved by Lord Rooker that the Grand Committee do consider the draft Order. After debate, the motion was agreed to.

Northern Ireland Assembly (Elections) (Amendment) Order 2007 It was moved by Lord Rooker that the Grand Committee do consider the draft Order. After debate, the motion was agreed to.

Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 It was moved by Lord Bassam of Brighton that the Grand Committee do consider the draft Order. After debate, the motion was agreed to.

Pharmacists and Pharmacy Technicians Order 2007 It was moved by Baroness Royall of Blaisdon that the Grand Committee do consider the draft Order. After debate, the motion was agreed to.

The Committee adjourned at 6.58pm

Papers

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

Command Papers

The following papers were presented to the House by command of Her Majesty:

1    Social Security—Report by the Government Actuary on the drafts of the Social Security Benefits Up-Rating Order 2007 and the Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2007.         (7021)

2    Museums and Galleries—Report of the Spoliation Advisory Panel in respect of three drawings now in the possession of the Courtauld Institute of Art.         (—)

Affirmative Instruments

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

1  (1)    Draft Schedule 5 to the Anti-terrorism, Crime and Security Act 2001 (Modification) Order 2007

    (2)    Draft Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007

Page 173            2006-07      Volume 240      Back to top

laid under the Anti-terrorism, Crime and Security Act 2001.

2    Draft Guaranteed Minimum Pensions Increase Order 2007, laid under the Pension Schemes Act 1993.

3  (1)    Draft Social Security Benefits Up-rating Order 2007

    (2)    Draft Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2007

laid under the Social Security Administration Act 1992.

Negative Instruments

The following instruments were laid before the House:

1    Dairy Produce Quotas (Amendment) Regulations 2007, laid under the European Communities Act 1972.                 (106)

2    Social Security (Contributions) (Amendment) Regulations 2007, laid under the Social Security Contributions and Benefits Act 1992.

Judicial Business

1    Fourie (Appellant) v Le Roux and others (Respondents) It was moved by Lord Bingham of Cornhill that the 9th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that paragraphs 1, 2, 3, 4 and 7 of the Order of the Court of Appeal of 7 March 2005 be affirmed and the appeal, in so far as regards issues relating to the discharge of the first freezing order and the order for costs on an indemnity basis, dismissed; that, in regard to the issue of the immediate enforcement of the appellant’s cross-undertaking in damages, paragraphs 4 to 9 of the first Order of Mr John Jarvis QC, sitting as a Deputy Judge, in the High Court of Justice Chancery Division Companies Court of 30 September 2004 and also therefore paragraph 5 of the said Order of the Court of Appeal be set aside; that, on the issue of costs of the appeal to the Court of Appeal, paragraph 6 of the said Order of the Court of Appeal also be set aside; and that the question of costs of the appeal to the Court of Appeal and to this House be adjourned in order that the parties may make written submissions within 14 days. [2007] UKHL 1

2    McKennitt and others (Respondents) v Ash and others (Petitioners) The petition of Niema Ash and Purple Inc Press 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.

3    EM (Lebanon) (FC) (Petitioner) v Secretary of State for the Home Department (Respondent) The petition of EM praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.