House of Lords Journal 240 (Session 2006-07)


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Page 402            2006-07      Volume 240      

Tuesday 17 April 2007

The House met at 2.30pm

The following Lords Spiritual and Temporal were present:

Hayman, B. (Lord Speaker)

Acton, L.
Adams of Craigielea, B.
Addington, L.
Adebowale, L.
Adonis, L.
Ahmed, L.
Allenby of Megiddo, V.
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.
Ashcroft, L.
Ashdown of Norton-sub-
Hamdon, L.
Ashley of Stoke, L.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Best, L.
Bhatia, L.
Bhattacharyya, L.
Biffen, L.
Bilimoria, L.
Billingham, B.
Bilston, L.
Birt, L.
Blackstone, B.
Blackwell, L.
Blaker, L.
Bledisloe, V.
Blood, B.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bottomley of Nettlestone, B.
Bowness, L.
Boyce, L.
Boyd of Duncansby, L.
Brabazon of Tara, L.
Bradley, L.
Bradshaw, L.
Bragg, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Bruce-Lockhart, L.
Burnett, L.
Burns, L.
Butler of Brockwell, L.
Butler-Sloss, B.
Byford, B.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carey of Clifton, L.
Carnegy of Lour, B.
Carter of Coles, L.
Cathcart, E.
Chapman, B.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Colville of Culross, V.
Colwyn, 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.
Crisp, L.
Cunningham of Felling, L.
Darcy de Knayth, B.
David, B.
Davies of Oldham, L.
De Mauley, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Dear, L.
Dearing, L.
Deech, B.
Denham, L.
Dholakia, L.
Dixon-Smith, L.
Donoughue, L.
Drayson, 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.
Evans of Watford, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fearn, L.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.
Flather, B.
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.
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.
Gilbert, L.
Glasgow, E.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goldsmith, L.
Goodhart, L.
Goodlad, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greengross, B.
Greenway, L.
Gregson, 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.
Haskel, L.
Haskins, L.
Haworth, L.
Healey, L.
Henig, B.
Henley, L.
Higgins, 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.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.

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Hunt of Kings Heath, 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.
Joffe, L.
Jones, L.
Jones of Whitchurch, B.
Jopling, L.
Jordan, L.
Judd, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsdown, L.
Kingsland, L.
Kingsmill, B.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Laming, L.
Lang of Monkton, L.
Lea of Crondall, L.
Lee of Trafford, L.
Leitch, L.
Lester of Herne Hill, L.
Levy, L.
Lewis of Newnham, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Low of Dalston, L.
Lucas, L.
Luce, L.
Luke, L.
Lyell of Markyate, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
MacGregor of Pulham Market, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
MacLaurin of Knebworth, L.
Maclennan of Rogart, L.
McNally, L.
Maginnis of Drumglass, L.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marland, L.
Marlesford, L.
Marsh, L.
Mason of Barnsley, L.
Massey of Darwen, B.
Maxton, L.
May of Oxford, L.
Mayhew of Twysden, L.
Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mitchell, L.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Moonie, L.
Morgan, L.
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.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Noakes, B.
Norton of Louth, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
Ouseley, L.
Owen, L.
Oxburgh, L.
Palmer, L.
Parekh, L.
Patel, L.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Peterborough, Bp.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Prashar, B.
Prosser, B.
Puttnam, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Reay, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton of Mount Harry, L.
Richard, L.
Richardson of Calow, B.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rodgers of Quarry Bank, L.
Rooker, L.
Rosser, L.
Rowe-Beddoe, L.
Rowlands, L.
Royall of Blaisdon, B.
Sainsbury of Turville, L.
St. John of Bletso, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
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.
Shutt of Greetland, L.
Simon, V.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Finsbury, L.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Snape, L.
Soley, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Taylor of Holbeach, L.
Taylor of Warwick, L.
Tebbit, L.
Temple-Morris, L.
Teverson, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomas of Winchester, B.
Thomson of Monifieth, L.
Thornton, B.
Tombs, L.
Tonge, B.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trimble, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnbull, L.
Turner of Camden, B.
Turner of Ecchinswell, L.
Tyler, L.
Uddin, B.
Ullswater, V.
Varley, L.
Verma, B.
Vinson, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walpole, L.
Walton of Detchant, L.

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Warnock, B.
Warwick of Undercliffe, B.
Watson of Invergowrie, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Willoughby de Broke, L.
Windlesham, L.
Woolf, L.
Woolmer of Leeds, L.
Worcester, Bp.
Young of Hornsey, B.
Young of Norwood Green, L.

Prayers were read by the Lord Bishop of Worcester

Select Committee Reports

1    Committee of Selection

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

4th Report. (HL Paper 88)

2    Merits of Statutory Instruments

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

17th Report. (HL Paper 89)

Public Business

3    Cluster munitions A question was asked by Lord Dubs and answered by the Lord President (Baroness Amos).

4    Olympic Games 2012: VisitBritain A question was asked by Lord Lee of Trafford and answered by Lord Davies of Oldham.

5    Israel and Palestine: Middle East Quartet A question was asked by Lord Blaker and answered by Baroness Royall of Blaisdon.

6    Iraq: HMS Cornwall A question was asked by Lord Craig of Radley and answered by Lord Drayson.

7    Piped Music etc. (Hospitals) Bill [HL] The order of commitment was discharged.

8    Disabled Persons (Independent Living) Bill [HL] The report was received.

9    Offender Management Bill Baroness Scotland of Asthal moved that the bill be now read a second time. After debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.

10    Community Legal Service (Asylum and Immigration Appeals) (Amendment) Regulations 2007 Lord Evans of Temple Guiting moved that the draft Regulations laid before the House on 14 March be approved. After debate, the motion was agreed to.

11    Legal Aid (Asylum and Immigration Appeals) (Northern Ireland) Regulations 2007 Lord Evans of Temple Guiting moved that the draft Regulations laid before the House on 14 March be approved. The motion was agreed to.

12    Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 Lord Evans of Temple Guiting moved that the draft Rules laid before the House on 5 March be approved. After debate, the motion was agreed to.

13    Proscribed Organisations Appeal Commission (Procedure) Rules 2007 Lord Evans of Temple Guiting moved that the draft Rules laid before the House on 5 March be approved. The motion was agreed to.

The House adjourned at 9.01pm until Wednesday 18 April at 3.00pm.

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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.

Negative Instrument

The following instrument was laid before the House:

Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007, laid under the Mental Capacity Act 2005.     (1253)

Judicial Business

1    Deutsche Morgan Grenfell Group Plc (Respondents) v Her Majesty’s Commissioners of Inland Revenue and another (Appellants)

2    Deutsche Morgan Grenfell Group plc (Appellants) v Her Majesty’s Commissioners of Inland Revenue and another (Respondents)

(Consolidated Appeals)

Further to the Order of the House of 25 October 2006 (81st Report Session 2005-06; [2006] UKHL 49), it was ordered that Her Majesty’s Commissioners of Inland Revenue and Her Majesty’s Attorney General do pay or cause to be paid to Deutsche Morgan Grenfell Group Plc their costs with respect to both causes in Her Majesty’s Court of Appeal and in this House, the amount of such costs in Her Majesty’s Court of Appeal to be determined by a Costs Judge and the amount in this House to be certified by the Clerk of the Parliaments if not agreed between the parties.

3    Yeoman’s Row Management Limited (Appellants) and another v Cobbe (Respondent) (England) The appeal of Yeoman’s Row Management Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29 May (lodged 30 March).

4    Premium Nafta Products Limited (20th Defendant) and others (Respondents) v Fili Shipping Company Limited (14th Claimant) and others (Appellants) (England) The appeal of Fili Shipping Company Limited (14th Claimant), Glefi Shipping VII Company Limited (20th Claimant), Progress Shipping Co (22nd Claimant), Universal Navigation Co Limited (23rd Claimant), Glefi Shipping XXIX Company Limited (24th Claimant), Glefi Shipping XXVIII Company Limited (25th Claimant), Integrity Maritime Inc (26th Claimant) and Valloy Shipping Corp (27th Claimant) was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29 May (lodged 11 April).

5    Scottish and Newcastle International Limited (Respondents) v Othon Ghalanos Limited (a company incorporated in Cyprus) (Appellants) (England) The appeal of Othon Ghalanos Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29 May (lodged 12 April).

6    Total Network SL (a company incorporated in Spain) (Original Respondents and Cross-appellants) v Her Majesty’s Revenue and Customs (suing as Commissioners of Customs and Excise) (Original Appellants and Cross-respondents) (England) The cross-appeal of Total Networks SL was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29 May (lodged 4 April).

7    Blanco (AP) (Original Appellant and Cross-respondent) v Scottish Ministers (Original Respondents and Cross-appellants) (Scotland) The cross-appeal of the Scottish Ministers was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29 May.

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8    Henderson (AP) (Original Appellant and Cross-respondent) v Scottish Ministers (Original Respondents and Cross-appellants) (Scotland) The cross-appeal of the Scottish Ministers was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29 May.

9    Somerville (AP) (Original Appellant and Cross-respondent) v Scottish Ministers (Original Respondents and Cross-appellants) (Scotland) The cross-appeal of the Scottish Ministers was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29 May.

10    Scottish & Newcastle plc (Respondents) v Raguz (Petitioner) The petition of Zeljko Stephen Raguz praying for leave to appeal was presented and referred to an Appeal Committee (lodged 4 April).

11    Nova Productions Limited (Petitioners) v Mazooma Games Limited and others (Respondents) The petition of Nova Productions Limited praying for leave to appeal was presented and referred to an Appeal Committee.

12    Kensington Heights Commercial Company Limited (Petitioners) v Campden Hill Developments Limited (Respondents) The petition of Kensington Heights Commercial Company Limited praying for leave to appeal was presented and referred to an Appeal Committee.

13    Corporacion Habanos SA (Petitioners) v Mastercigars Direct Limited (Respondents) and another and one other action The petition of Corporacion Habanos SA praying for leave to appeal was presented and referred to an Appeal Committee (lodged 5 April).

14    Watchman (FC) (Petitioner) v Ipswich Borough Council (Respondents) The petition of Jennifer Watchman praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 11 April).

15    Z (Petitioner) v Associated Newspapers Limited (Respondents) The petition of Z praying for leave to appeal was presented and referred to an Appeal Committee (lodged 12 April).

16    R v Kordasinski (Petitioner) The petition of Leszek Kordasinski praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 2 April).

17    R v Tine (Petitioner) The petition of Pakaur Tine praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.

18    YL (by her litigation friend the Official Solicitor) (FC) (Appellant) v Birmingham City Council and others (Respondents) The petition of the Disability Rights Commission praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.

19    R v Asfaw (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) The appeal was set down for hearing and referred to an Appellate Committee.

20    Brit Syndicates Limited for and on behalf of Brit Syndicate 2987 at Lloyd’s for the 2003 year of account and others (Respondents) v Italaudit SpA (in liquidation) (formerly Grant Thornton SpA) and others (Appellants) The appeal was set down for hearing and referred to an Appellate Committee.

21    Secretary of State for the Home Department (Respondent) v MB (FC) (Appellant) The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 30 April (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 30 March).

22    Common Services Agency (Appellants) v Scottish Information Commissioner (Respondent) (Scotland) The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 16 May (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 2 April).

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23    Secretary of State for the Home Department (Appellant) v JJ and others (Respondents) The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 11 May (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 2 April).

24    Ashley (FC) and another (FC) (Respondents) v Chief Constable of Sussex Police (Appellant) The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 22 May (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 3 April).

25    In re E (Appellant) (Northern Ireland) The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 28 May (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 10 April).

26    Gallagher (Valuation Officer) (Respondent) v Church of Jesus Christ of Latter-day Saints (Appellants) The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 13 June (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

27    Appeal Committee The 38th Report from the Appeal Committee was made and the following Orders were made:

YL (by her litigation friend the Official Solicitor) (Appellant) v Birmingham City Council and others (Respondents) That the petition of Justice, the National Council for Civil Liberties and the British Institute for Human Rights that they might be heard or otherwise intervene in the said appeal be allowed.

YL (by her litigation friend the Official Solicitor) (Appellant) v Birmingham City Council and others (Respondents) That the petition of Help the Aged and the National Council on Ageing that they might be heard or otherwise intervene in the said appeal be allowed to the extent that they may lodge written submissions only.