House of Lords Journal 241 (Session 2007-08)


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Wednesday 30 January 2008

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.
Alderdice, 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.
Arran, E.
Ashdown of Norton-sub-
Hamdon, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Attlee, E.
Avebury, L.
Bach, L.
Baldwin of Bewdley, E.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bernstein of Craigweil, L.
Best, L.
Bew, L.

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Bhatia, L.
Bhattacharyya, L.
Billingham, B.
Bilston, L.
Bingham of Cornhill, L.
Bledisloe, V.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bottomley of Nettlestone, B.
Bowness, L.
Boyd of Duncansby, L.
Brabazon of Tara, L.
Bradley, L.
Bragg, L.
Bramall, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Brown of Eaton-under-
Heywood, L.
Burlison, L.
Burnett, L.
Buscombe, B.
Butler of Brockwell, L.
Butler-Sloss, B.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.
Carey of Clifton, L.
Carlile of Berriew, L.
Carnegy of Lour, B.
Carswell, L.
Carter of Coles, L.
Cathcart, E.
Chalker of Wallasey, B.
Chapman, B.
Chester, Bp.
Chidgey, L.
Chorley, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Coe, L.
Cohen of Pimlico, B.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Cotter, L.
Courtown, E.
Coussins, B.
Coventry, Bp.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Crisp, L.
Cumberlege, B.
Cunningham of Felling, L.
Currie of Marylebone, L.
Darcy de Knayth, B.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Harptree, L.
Dearing, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
D’Souza, B.
Dubs, L.
Dykes, L.
Eames, L.
Eatwell, L.
Eccles, V.
Eden of Winton, L.
Elder, L.
Elis-Thomas, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Elystan-Morgan, L.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Ezra, L.
Falconer of Thoroton, L.
Falkender, B.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Ferrers, E.
Filkin, L.
Flather, B.
Fookes, B.
Ford, B.
Forsyth of Drumlean, L.
Foster of Bishop Auckland, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Fritchie, B.
Fyfe of Fairfield, L.
Gale, B.
Garden of Frognal, B.
Geddes, L.
Gilbert, L.
Glasgow, E.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Goodlad, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greaves, L.
Greengross, B.
Greenway, L.
Gregson, L.
Grenfell, L.
Griffiths of Burry Port, L.
Griffiths of Fforestfach, L.
Grocott, L.
Guthrie of Craigiebank, L.
Hale of Richmond, B.
Hamwee, B.
Hannay of Chiswick, L.
Hanningfield, L.
Harries of Pentregarth, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haskins, L.
Haworth, L.
Hayhoe, L.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hoffmann, L.
Hollis of Heigham, B.
Hooper, B.
Hope of Craighead, 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 Chesterton, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Hylton, L.
Imbert, L.
Inge, L.
Inglewood, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jay of Ewelme, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Jones, L.
Jones of Cheltenham, L.
Jones of Whitchurch, B.
Jordan, L.
Judd, L.
Kennedy of The Shaws, B.
Kilclooney, L.
Kimball, L.
King of West Bromwich, L.
Kingsland, L.
Kingsmill, B.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Knight of Collingtree, B.
Laing of Dunphail, L.
Laird, L.
Lamont of Lerwick, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Layard, L.
Lea of Crondall, L.
Leach of Fairford, L.
Lee of Trafford, L.
Leitch, L.
Lester of Herne Hill, L.
Levene of Portsoken, L.
Levy, L.
Lewis of Newnham, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Liverpool, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.

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Lockwood, B.
Lofthouse of Pontefract, L.
Lucas, L.
Luce, L.
Luke, L.
Lyell, 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 Haringey, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, 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.
Mawhinney, L.
Mawson, L.
Maxton, L.
Mayhew of Twysden, L.
Meacher, B.
Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.
Montgomery of Alamein, V.
Montrose, D.
Moonie, L.
Moran, 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 Yardley, B.
Moser, L.
Murphy, B.
Naseby, L.
Neill of Bladen, L.
Neuberger, B.
Neuberger of Abbotsbury, L.
Neville-Jones, B.
Newton of Braintree, L.
Noakes, B.
Northover, B.
Norton of Louth, L.
O’Cathain, B.
O’Neill of Bengarve, B.
O’Neill of Clackmannan, L.
Onslow, E.
Ouseley, L.
Oxburgh, L.
Palumbo, L.
Parekh, L.
Park of Monmouth, B.
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.
Powell of Bayswater, L.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quinton, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees, L.
Rees of Ludlow, L.
Rendell of Babergh, B.
Rennard, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rodger of Earlsferry, L.
Rogan, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Royall of Blaisdon, B.
Ryder of Wensum, L.
St. Albans, Bp.
St. John of Bletso, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandwich, E.
Sawyer, L.
Scott of Foscote, L.
Scott of Needham Market, B.
Seccombe, B.
Selkirk of Douglas, L.
Selsdon, L.
Sewel, L.
Sharp of Guildford, B.
Shaw of Northstead, L.
Sheldon, L.
Shephard of Northwold, B.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Finsbury, L.
Smith of Gilmorehill, B.
Snape, L.
Soley, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Steel of Aikwood, L.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Taylor of Holbeach, L.
Taylor of Warwick, L.
Tebbit, L.
Temple-Morris, L.
Tenby, V.
Teverson, L.
Thomas of Gresford, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
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.
Verma, B.
Vincent of Coleshill, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Gestingthorpe, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warsi, 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.
Winston, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Hornsey, B.
Young of Norwood Green, L.
Young of Old Scone, B.

Prayers were read by the Lord Bishop of St Albans.

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Judicial Business

For judicial business see below.

The House adjourned. The House resumed.

Select Committee Reports

1    Statutory Instruments

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

8th Report on certain statutory instruments, including the following affirmative instruments:

Draft Cornwall (Structural Change) Order 2008
Draft Shropshire (Structural Change) Order 2008
Draft Local Authorities (Alcohol Disorder Zones) Regulations 2008
Draft Guaranteed Minimum Pensions Increase Order 2008
Draft Representation of the People (Scotland) (Amendment) Regulations 2008
Draft Scottish Parliament (Elections etc.) (Amendment) Order 2008
Draft Social Security Benefits Up-rating Order 2008. (HL Paper 47)

2    Science and Technology

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

Radioactive Waste Management Update: Government Response. (2nd Report, HL Paper 48)

3    Delegated Powers and Regulatory Reform

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

4th Report, on the following bills:

Channel Tunnel Rail Link (Supplementary Provisions) Bill
Criminal Justice and Immigration Bill
Crossrail Bill
European Communities (Finance) Bill
House of Lords (Amendment) Bill [HL]
Sale of Student Loans Bill
Child Maintenance and Other Payments Bill—Government amendments
Children and Young Persons Bill [HL]— Government amendments
Local Transport Bill [HL]— Government amendments
Regulatory Enforcement and Sanctions Bill [HL]— Government amendments
Child Maintenance and Other Payments Bill—Government response
Children and Young Persons Bill [HL]— Government response
Human Fertilisation and Embryology Bill [HL]— Government response
Regulatory Enforcement and Sanctions Bill [HL]— Government response. (HL Paper 49)

4    Human Rights

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

Counter-Terrorism Policy and Human Rights: Counter-Terrorism Bill. (9th Report, HL Paper 50)

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Public Business

5    Energy: electricity generation A question was asked by Lord Ezra and answered by Lord Bach.

6    Political Parties: expenditure A question was asked by Lord Hylton and answered by Lord Hunt of Kings Heath.

7    NHS: malnutrition A question was asked by Baroness Knight of Collingtree and answered by Baroness Thornton.

8    Elections: Review of Voting Systems A question was asked by Lord Greaves and answered by Lord Hunt of Kings Heath.

9    Safety Deposit Current Accounts Bill [HL] Earl of Caithness presented a bill to make provision for the introduction of a mandatory requirement for banks and building societies to offer safety deposit current accounts to allow money to be stored for safe-keeping; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 27)

10    Local Transport Bill [HL] The bill was read a third time. Amendments were agreed to and a privilege amendment was agreed to. The bill was passed and sent to the Commons.

11    Payments into the Olympic Lottery Distribution Fund etc. Order 2007 Lord Davies of Oldham moved that the draft Order laid before the House on 25 October 2007 be approved. Then Lord Clement-Jones moved, as an amendment to the original motion, at end to insert “but this House calls on Her Majesty’s Government to mitigate the impact of this draft Order through exploration of other funding options and to guarantee that the Arts, heritage, sport, charity and voluntary sectors adversely affected by the draft Order benefit from any increase in land value in the Olympic site following completion of the 2012 London Olympic and Paralympic Games”. After debate, the amendment was withdrawn and the original motion was agreed to.

12    Climate Change Bill [HL] The bill was further considered in Committee, beginning with the question that clause 51 be agreed to. The House resumed after clause 60 was agreed to.

The House adjourned at 11.01pm until Thursday 31 January at 11.00am.

Grand Committee Business

The Grand Committee met in the Moses Room at 3.45pm.

Regulatory Enforcement and Sanctions Bill [HL] The Grand Committee further considered the bill, beginning with amendment 104. Amendments were agreed to. The Committee adjourned after clause 39 was agreed to.

The Committee adjourned at 7.23pm.

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 29 January, was withdrawn:

Draft Immigration and Nationality (Fees) (Amendment) Regulations 2008.

Command Paper

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

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Banking—Financial stability and depositor protection: strengthening the framework: Government consultation document.     (7308)

Affirmative Instruments

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

1    Draft Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2008, laid under the Prevention of Terrorism Act 2005.

2    Draft Immigration and Nationality (Fees) (Amendment) Regulations 2008, laid under the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.

Negative Instrument

The following instrument was laid before the House:

Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) Order 2008, laid under the Judicial Pensions and Retirement Act 1993.     (171)

Papers not subject to parliamentary proceedings

The following papers were laid before the House:

1    Report for 2005-07 of the Mental Health Act Commission, laid under the Mental Health Act 1983.

2    Report and Accounts for 2006-07 of the sportscotland Lottery Fund, laid under the National Lottery etc. Act 1993.

Judicial Business

1    In re Hilali (FC) (Respondent) (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty’s High Court of Justice) It was moved by Lord Bingham of Cornhill that the 13th 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 Divisional Court of the Queen’s Bench Division of the High Court of Justice of 25 April 2007 be set aside and the Order of the Senior District Judge of 1 June 2005 to order the respondent’s extradition to Spain restored; and that the costs of the respondent in this House be taxed in accordance with the Access to Justice Act 1999. [2008] UKHL 3

2    In re Duffy (FC) (Appellant) (Northern Ireland) It was moved by Lord Bingham of Cornhill that the 14th 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 Her Majesty’s Court of Appeal in Northern Ireland of 19 June 2006 be set aside and the Order of Mr Justice Morgan in the Queen’s Bench Division of the High Court of Justice in Northern Ireland of 19 May 2006 restored; that the respondent do pay or cause to be paid to the appellant his costs in this House and below, 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 the courts below to be determined by the Taxing Master if not agreed between the parties; and that the costs of the appellant in this House be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. [2008] UKHL 4

3    Boss Holdings Limited (Appellants) v Grosvenor West End Properties and others (Respondents) It was moved by Lord Hoffmann that the 15th 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 Her Majesty’s Court of Appeal of 21 March 2006 so far as complained against and also the Order

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of His Honour Judge Cowell in the Central London County Court of 17 May 2005 so far as complained against be set aside; that it be declared that

“the property at 21 Upper Grosvenor Street, London W1 was and is ’designed or adapted for living in’ within the meaning of section 2(1) of the Leasehold Reform Act 1967 (as amended);

“the said property was a house within the meaning of section 2(1) of the Leasehold Reform Act 1967 (as amended) as at 14 October 2003, being the date of service of the notice of desire to have the freehold of the said property by the appellant’s predecessor in title pursuant to the said Act;

“the appellant is entitled to have the freehold interest in the said property pursuant to the provisions of Part I of the Leasehold Reform Act 1967; and

That the respondents do pay or cause to be paid to the appellants their costs in this House and below, 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 and Central London County Court to be determined by a Costs Judge if not agreed between the parties. [2008] UKHL 5

4    A (Appellant) v Hoare (Respondent)

5    C (FC) (Appellant) v Middlesbrough Council (Respondents)

6    X (FC) and another (FC) (Appellants) v London Borough of Wandsworth (Respondents)

(Conjoined Appeals)

7    H (FC) (Appellant) v Suffolk County Council (Respondents)

8    Young (FC) (Appellant) v Catholic Care (Diocese of Leeds) and others (Respondents)

It was moved by Lord Hoffmann that the 16th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged

In the appeal of A, that the appeal be allowed; that the Order of Her Majesty’s Court of Appeal of 12 April 2006 and also the Order of Mr Justice Jack in the Queen’s Bench Division of Her Majesty’s High Court of Justice of 7 October 2005 be set aside; that the case be remitted to a judge of the Queen’s Bench Division of Her Majesty’s High Court of Justice to decide whether the discretion under section 33 of the Limitation Act 1980 should be exercised in the appellant’s favour; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days.

In the appeal of C, that the appeal be allowed; that the Order of Her Majesty’s Court of Appeal of 21 December 2004 and also the Order of His Honour Judge Paul Collins CBE sitting in the Queen’s Bench Division of Her Majesty’s High Court of Justice of 28 May 2004 be set aside; that the matter be referred back to the Queen’s Bench Division of Her Majesty’s High Court of Justice with an instruction to give effect to the awards of damages set out in paragraph 33 of the judgment of His Honour Judge Paul Collins CBE which the judge would have made had he been free to decide that the action came within section 11 of the Limitation Act 1980; and that the questions of costs and interest on damages be adjourned in order that the parties may make written submissions within 14 days.

In the appeal of X and Y, that the appeal be allowed; that paragraphs 1 and 3 of the Order of Her Majesty’s Court of Appeal of 12 April 2006 and also the Order of His Honour Judge Cotran in the Mayors and City of London County Court of 7 October 2005 be set aside; that the appellants be awarded the agreed sums of damages; and that the questions of costs and interest on damages be adjourned in order that the parties may make written submissions within 14 days.

In the appeal of H, that the appeal be allowed against the ruling on limitation only; that the Order of Her Majesty’s Court of Appeal of 12 April 2006 save for paragraph 2 and also the Order of His Honour Judge Yelton in Southend County Court of 21 February 2005 be set aside; that the cause be remitted to His Honour Judge Yelton to decide whether to exercise his discretion under section

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33 of the Limitation Act 1980 to allow the case to proceed; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days.

In the appeal of Young, that the appeal be allowed; that the Order of Her Majesty’s Court of Appeal of 14 November 2006 and also the Order of His Honour Judge Cockroft in Dewsbury County Court of 16 December 2005 be set aside; that the matter be remitted to the judge to reconsider in accordance with the opinions expressed in this House; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2008] UKHL 6