House of Lords Journal 241 (Session 2007-08)


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Wednesday 12 March 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.
Alton of Liverpool, L.
Anderson of Swansea, L.
Anelay of St Johns, B.
Armstrong of Ilminster, L.
Arran, E.
Ashdown of Norton-sub-
Hamdon, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, 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.
Bhatia, L.
Bilston, L.
Blackstone, B.
Blackwell, L.
Blaker, L.
Bledisloe, V.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Bramall, L.
Bridgeman, V.
Bridges, L.
Broers, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burlison, L.
Burnett, L.
Buscombe, B.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.
Carnegy of Lour, B.
Cathcart, E.
Chalker of Wallasey, B.
Chandos, V.
Chidgey, L.
Chorley, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Colwyn, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Cotter, L.
Courtown, E.
Cox, B.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cunningham of Felling, L.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Dear, L.
Dearing, L.
Deech, B.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
D’Souza, B.
Dubs, L.
Durham, Bp.
Dykes, L.
Eames, L.
Eatwell, L.
Eccles, V.
Eden of Winton, L.
Elder, L.
Elliott of Morpeth, L.
Elton, L.
Emerton, B.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Exeter, Bp.
Ezra, L.
Falconer of Thoroton, L.
Falkender, B.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.
Flather, B.
Foster of Bishop Auckland, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Gale, 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 Brookwood, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greenfield, B.
Greengross, B.
Greenway, L.
Gregson, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hameed, L.
Hamilton of Epsom, L.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, L.
Harries of Pentregarth, L.

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Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Haskins, L.
Haworth, L.
Hayhoe, L.
Henley, 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 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.
Hylton, L.
Imbert, L.
Inge, L.
Inglewood, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Janvrin, L.
Jay of Ewelme, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jones of Birmingham, L.
Jones of Cheltenham, L.
Jones of Whitchurch, B.
Jordan, L.
Judd, L.
Kennedy of The Shaws, B.
Kilclooney, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kinnock, L.
Kirkham, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Knight of Collingtree, B.
Krebs, L.
Laird, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Lee of Trafford, L.
Lester of Herne Hill, L.
Lewis of Newnham, L.
Lindsay, E.
Lipsey, L.
Liverpool, Bp.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lofthouse of Pontefract, L.
Low of Dalston, L.
Lucas, L.
Luke, L.
Lyell, L.
Macaulay of Bragar, L.
McCluskey, 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.
Mackie of Benshie, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marland, L.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Mawhinney, L.
Mawson, L.
Mayhew of Twysden, L.
Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mitchell, L.
Molyneaux of Killead, L.
Monson, L.
Montgomery of Alamein, V.
Montrose, D.
Moonie, L.
Moran, L.
Morgan, L.
Morgan of Drefelin, B.
Morgan of Huyton, B.
Morris of Bolton, B.
Morris of Manchester, L.
Morrow, L.
Moser, L.
Naseby, L.
Neill of Bladen, L.
Neuberger, B.
Neville-Jones, B.
Newby, L.
Newcastle, Bp.
Newton of Braintree, 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 Clackmannan, L.
Onslow, E.
Oxburgh, L.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Patel, L.
Patel of Blackburn, L.
Patel of Bradford, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Powell of Bayswater, L.
Prashar, B.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Rawlings, B.
Rea, L.
Redesdale, L.
Rendell of Babergh, B.
Rennard, L.
Renton of Mount Harry, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rochester, Bp.
Rodgers of Quarry Bank, L.
Rogan, L.
Roper, L.
Rowlands, L.
Royall of Blaisdon, B.
St. John of Bletso, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Seccombe, B.
Selborne, E.
Selkirk of Douglas, L.
Selsdon, L.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheikh, L.
Sheldon, L.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Finsbury, L.
Smith of Gilmorehill, B.
Soley, L.
Soulsby of Swaffham Prior, L.
Steel of Aikwood, L.
Stern of Brentford, L.
Stevens of Kirkwhelpington, L.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Taylor of Holbeach, L.
Tebbit, L.
Tenby, V.
Teverson, L.
Thomas of Gresford, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thornton, B.
Tonge, B.
Tope, L.
Tordoff, L.
Trefgarne, L.

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Trenchard, V.
Triesman, L.
Trimble, L.
Trumpington, B.
Truscott, L.
Tugendhat, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Tyler, L.
Uddin, B.
Ullswater, V.
Verma, B.
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.
Warsi, B.
Watson of Invergowrie, L.
Wedderburn of Charlton, L.
West of Spithead, 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.
Wright of Richmond, L.
Young of Hornsey, B.
Young of Norwood Green, L.

Prayers were read by the Lord Bishop of Rochester.

Judicial Business

For judicial business see below.

The House adjourned. The House resumed.

Select Committee Reports

1    Delegated Powers and Regulatory Reform
The following Report from the Select Committee was made and ordered to be printed:

6th Report, on the following bills:

Health and Social Care Bill

Sunday Trading (Horticulture) Bill [HL]

Children and Young Persons Bill [HL]— Government amendments

Climate Change Bill [HL]— Government amendments

Criminal Justice and Immigration Bill—Government amendments

Regulatory Enforcement and Sanctions Bill [HL]— Government amendments

Climate Change Bill [HL]— Government response

Criminal Justice and Immigration Bill—Government response; and on the

Draft Legislative Reform (Health and Safety Executive) Order 2008. (HL Paper 76)

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

13th Report on certain statutory instruments, including the following affirmative instruments:

Draft Business Protection from Misleading Marketing Regulations 2008

Draft Consumer Protection from Unfair Trading Regulations 2008

Draft Immigration (Registration Card) Order 2008

Draft Land Registration (Network Access) Rules 2008

Draft Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Transitional Provisions) Regulations 2008

Draft Sex Discrimination (Amendment of Legislation) Regulations 2008. (HL Paper 77)

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Public Business

3    Afghanistan: humanitarian aid A question was asked by the Earl of Sandwich and answered by Baroness Crawley.

4    House of Lords: reform A question was asked by Lord Faulkner of Worcester and answered by Lord Hunt of Kings Heath.

5    Police: Flanagan Review A question was asked by Lord Dear and answered by Lord West of Spithead.

6    Colombia: terrorism A question was asked by Viscount Montgomery of Alamein and answered by Lord Bach.

7    Consolidated Fund (Appropriation) Bill A bill to authorise the use of resources for the service of the years ending with 31st March 2007 and 31st March 2008 and to apply certain sums out of the Consolidated Fund to the service of the year ending with 31st March 2008; and to appropriate the supply authorised in this Session of Parliament for the service of the years ending with 31st March 2007 and 31st March 2008, certified by the Speaker as a money bill, was brought from the Commons and read a first time.

8    European Union (Amendment) Bill A bill to make provision in connection with the Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the European Community, signed at Lisbon on 13th December 2007 was brought from the Commons. It was read a first time and ordered to be printed. (HL Bill 40)

9    European Union (Amendment) Bill The Explanatory Notes on the bill were ordered to be printed. (HL Bill 40-EN)

10    Statutory Instruments A message was brought from the Commons that they have amended their Standing Order No 151 relating to the Joint Committee on Statutory Instruments as follows:

    (i) in sub-paragraph (1)(A), in line 18, leave out from the word “any” to the end of the sub-paragraph, and insert the words “remedial order or draft remedial order under Schedule 2 to the Human Rights Act 1998, any draft order proposed to be made under Part 1 of the Legislative and Regulatory Reform Act 2006 and any subordinate provisions order made or proposed to be made under the Regulatory Reform Act 2001;” and

    (ii) in sub-paragraph (1)(B), in line 29, leave out the words “statutory instrument made by a member of the Scottish Executive or by the National Assembly for Wales” and insert the words “Scottish statutory instrument or any statutory instrument made by the Welsh Ministers”.

11    Regulatory Enforcement and Sanctions Bill [HL] Lord Jones of Birmingham moved that the amendments for the Report stage be marshalled and considered in the following order:

­/table˝
Clause 1
Schedule 1
Clause 2
Schedule 2
Clauses 3 and 4
Schedule 3
Clauses 5 to 27
Schedule 4
Clauses 28 to 36
Schedules 5 and 6
Clauses 37 to 61
Schedule 7
Clauses 62 to 75.

The motion was agreed to.

12    Criminal Justice and Immigration Bill The bill was further considered in Committee, beginning with amendment 175. Amendments were agreed to. The House resumed and the bill was reported with amendments. The bill, as amended, was ordered to be printed. (HL Bill 41)

13    National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008 Baroness Morgan of Drefelin moved that the draft Order laid before the House on 6 February be approved. After debate, the motion was agreed to.

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14    Channel Tunnel Rail Link (Supplementary Provisions) Bill The bill was reported from the Grand Committee without amendment.

The House adjourned at 6.31pm until Thursday 13 March at 11.00am.

Grand Committee Business

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

Channel Tunnel Rail Link (Supplementary Provisions) Bill The Grand Committee considered the bill. It was ordered that the bill be reported without amendment.

The Committee adjourned at 5.45pm.

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:

Budget—Budget 2008: Stability and opportunity: building a strong, sustainable future.     (—)

Affirmative Instruments

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

1    Draft Early Removal of Fixed-Term Prisoners (Amendment of Eligibility Period) Order 2008, laid under the Criminal Justice Act 2003.

2    Draft Early Removal of Short-Term and Long-Term Prisoners (Amendment of Requisite Period) Order 2008, laid under the Criminal Justice Act 1991.

Negative Instruments

The following instruments were laid before the House:

1    Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Amendment) (England) Regulations 2008, laid under the Town and Country Planning Act 1990.     (595)

2    Discretionary Financial Assistance (Amendment) Regulations 2008, laid under the Social Security Administration Act 1992.     (637)

3    Gangmasters (Licensing Conditions) (No. 2) (Amendment) Rules 2008, laid under the Gangmasters (Licensing) Act 2004.     (638)

4    Diseases of Animals (Approved Disinfectants) (Fees) (England) Order 2008, laid under the Animal Health Act 1981.     (652)

5    (1)    Insolvency (Scotland) Amendment Rules 2008     (662)

      (2)    Insolvency (Amendment) Regulations 2008     (670)

      (3)    Insolvency Practitioners and Insolvency Services Account (Fees) (Amendment) (No. 2) Order 2008         (672)

laid under the Insolvency Act 1986.

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6    S4C (Investment Activities) Approval Order 2008, laid under the Communications Act 2003.     (693)

7    Greater London Authority (Mayor of London Appointments) Order 2008, laid under the Greater London Authority Act 1999.     (701)

8    Gender Recognition (Application Fees) (Amendment) Order 2008, laid under the Gender Recognition Act 2004.     (715)

9    (1)    Legal Advice and Assistance (Amendment) Regulations (Northern Ireland) 2008     (SR106)

      (2)    Legal Advice and Assistance (Financial Conditions) Regulations (Northern Ireland) 2008
     (SR107)

      (3)    Legal Aid (Financial Conditions) Regulations (Northern Ireland) 2008     (SR108)

laid under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.

Judicial Business

1    R (on the application of Animal Defenders International) (Appellants) v Secretary of State for Culture, Media and Sport (Respondent) It was moved by Lord Bingham of Cornhill that the 25th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Divisional Court of the Queen’s Bench Division of the High Court of Justice of 6 December 2006 be affirmed and the appeal dismissed; and that there be no order for the costs of the appeal to this House. [2008] UKHL 15

2    Norris (Appellant) v Government of the United States of America and others (Respondents) (Criminal Appeal from Her Majesty’s High Court of Justice) It was moved by Lord Bingham of Cornhill that the 26th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal in relation to count 1 of the indictment of the Grand Jury in the United States District Court for the Eastern District of Pennsylvania be allowed and the Order of District Judge Evans at Bow Street Magistrates’ Court of 1 June 2005 quashed; that in relation to counts 2-4 of the Grand Jury’s indictment, the matter be remitted to a district judge for a decision on the question raised by section 87(1) of the Extradition Act 2003; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2008] UKHL 16

3    R v GG plc and others (Appellants) and others and others (Appellants) (On Appeal from the Court of Appeal (Criminal Division)) It was moved by Lord Bingham of Cornhill that the 27th 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 9 November 2007 be set aside and the matter remitted to the Crown Court at Southwark; that section 11(1) of the Criminal Justice Act 1987 shall not apply to the extent necessary to allow the first appellant to inform the stock market of the result of the appeal; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2008] UKHL 17

4    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) It was moved by Lord Walker of Gestingthorpe on behalf of Lord Hoffmann that the 28th 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 6 December 2006 be set aside and the Order of Mr Justice Langley in the Commercial Court of the Queen’s Bench Division of the High Court of Justice of 3 March 2006 restored; and that the question of costs be adjourned in order that the parties may make written submissions within 21 days. [2008] UKHL 18

5    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)

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(Original Appellants and Cross-respondents) It was moved by Lord Hope of Craighead that the 29th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal of Her Majesty’s Revenue and Customs be allowed; that the cross-appeal of Total Nework SL be dismissed; that paragraph 1 of the Order of the Court of Appeal of 31 January 2007 be set aside and paragraph 1 of Order of Mr Justice Hodge in the High Court of 10 January 2005 restored; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2008] UKHL 19

6    In re Brady (AP) (Petitioner) (Northern Ireland) The petition of John Hugh Brady praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged (lodged 10 March).

7    McEwan (AP) (Appellant) v De La Salle Brothers (Respondents) and others and another (Respondent) (Scotland) The appeal was set down for hearing and referred to an Appellate Committee.

8    Appeal Committee The 42nd Report from the Appeal Committee was agreed to and the following Order was made:

Baxi Group Limited (Respondents) v Her Majesty’s Revenue and Customs (Petitioners) That the petition be referred for hearing.

9    Appeal Committee The 43rd Report from the Appeal Committee was agreed to and the following Order was made:

Her Majesty’s Revenue and Customs (Respondents) v UMBS Online Limited (Petitioners) and others That leave to appeal be refused.

10    Appeal Committee The 44th Report from the Appeal Committee was agreed to and the following Order was made:

In re Magee (AP) (Petitioner) (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; that the respondent be at liberty to apply for his 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.