House of Lords Journal 241 (Session 2007-08)


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Thursday 22 May 2008

The House met at 11.00am.

The following Lords Spiritual and Temporal were present:

Hayman, B. (Lord Speaker)

Acton, L.
Adams of Craigielea, B.
Addington, L.
Adebowale, L.
Ahmed, L.
Alderdice, L.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Armstrong of Ilminster, L.
Arran, E.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Baker of Dorking, L.
Ballyedmond, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Berkeley, L.
Best, L.
Bhattacharyya, L.
Bilimoria, L.
Billingham, B.
Bilston, L.
Bledisloe, V.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Boyd of Duncansby, L.
Brabazon of Tara, L.
Bradley, L.
Bragg, L.
Bramall, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burnett, L.
Buscombe, B.
Butler of Brockwell, L.
Butler-Sloss, B.
Caithness, E.
Campbell of Alloway, L.
Campbell of Surbiton, B.
Campbell-Savours, L.
Carey of Clifton, L.
Carnegy of Lour, B.
Carter of Coles, L.
Cathcart, E.
Chandos, V.
Chelmsford, Bp.
Chester, Bp.
Chichester, Bp.
Chorley, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clinton-Davis, L.
Cobbold, L.
Cohen of Pimlico, B.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Cotter, L.
Coussins, B.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Cumberlege, B.
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.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
D’Souza, B.
Dubs, L.
Dundee, E.
Eames, L.
Eccles, V.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
Elliott of Morpeth, L.
Elton, L.
Elystan-Morgan, L.
Evans of Parkside, L.
Falconer of Thoroton, L.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Ferrers, E.
Finlay of Llandaff, B.
Flowers, L.
Fookes, B.
Forsyth of Drumlean, L.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Freeman, L.
Freyberg, L.
Gale, B.
Garden of Frognal, B.
Gardner of Parkes, B.
Garel-Jones, L.
Gavron, L.
Gibson of Market Rasen, B.
Giddens, L.
Glenarthur, L.
Goodhart, L.
Goodlad, L.
Goschen, V.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greaves, L.
Griffiths of Fforestfach, L.
Hamilton of Epsom, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haworth, L.
Henig, B.
Henley, L.
Higgins, L.
Hollis of Heigham, B.
Hooper, B.
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.
Hurd of Westwell, L.
Hylton, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jenkin of Roding, L.

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Joffe, L.
Jones of Cheltenham, L.
Jones of Whitchurch, B.
Jopling, L.
Judd, L.
Kennedy of The Shaws, B.
Kerr of Kinlochard, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kinnock, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Laird, L.
Lang of Monkton, L.
Lewis of Newnham, L.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Livsey of Talgarth, L.
Lofthouse of Pontefract, L.
Low of Dalston, L.
Lucas, L.
Luke, L.
Lyell, L.
Lyell of Markyate, L.
McAlpine of West Green, 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.
McKenzie of Luton, L.
MacLaurin of Knebworth, L.
Maclennan of Rogart, L.
McNally, L.
Maginnis of Drumglass, L.
Mallalieu, B.
Malloch-Brown, L.
Marland, L.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Mawhinney, L.
Mawson, L.
Maxton, L.
Mayhew of Twysden, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Moonie, L.
Morgan, L.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Handsworth, L.
Morris of Manchester, L.
Morris of Yardley, B.
Moynihan, L.
Murphy, B.
Naseby, L.
Neville-Jones, B.
Newby, L.
Newton of Braintree, L.
Nickson, L.
Noakes, B.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
Oppenheim-Barnes, B.
Oxburgh, L.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Patel, L.
Patel of Blackburn, L.
Patten of Barnes, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Peston, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Ponsonby of Shulbrede, L.
Prys-Davies, L.
Quin, B.
Quirk, L.
Ramsay of Cartvale, B.
Razzall, L.
Rea, L.
Redesdale, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Richard, L.
Richardson of Calow, B.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rodgers of Quarry Bank, L.
Rogan, 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.
Selkirk of Douglas, L.
Selsdon, L.
Sewel, L.
Sharples, B.
Shaw of Northstead, L.
Sheikh, L.
Sheldon, L.
Simon, V.
Skelmersdale, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Finsbury, L.
Smith of Gilmorehill, B.
Soley, L.
Southwark, Bp.
Steel of Aikwood, L.
Stern, B.
Stevens of Kirkwhelpington, L.
Stewartby, L.
Strabolgi, L.
Strathclyde, L.
Sutherland of Houndwood, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Taylor of Holbeach, L.
Teverson, L.
Thomas of Gresford, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomas of Winchester, B.
Thornton, B.
Tomlinson, L.
Tonge, B.
Tope, L.
Trenchard, V.
Trumpington, B.
Truscott, L.
Turner of Camden, B.
Tyler, L.
Uddin, B.
Vadera, B.
Verma, B.
Waddington, 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.
Warwick of Undercliffe, B.
Watson of Invergowrie, L.
Whitty, L.
Wilcox, B.
Williams of Crosby, B.
Williamson of Horton, L.
Windlesham, L.
Winston, L.
Woolmer of Leeds, L.
Young of Norwood Green, L.
Young of Old Scone, B.

Prayers were read by the Lord Bishop of Chester.

Select Committee Report

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

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20th Report on certain statutory instruments, including the following affirmative instruments:

Draft Extradition Act 2003 (Amendment to Designations) Order 2008

Draft Immigration and Nationality (Fees) (Amendment No. 2) Regulations 2008

Draft Maximum Number of Judges Order 2008

Draft Representation of the People (Northern Ireland) Regulations 2008

Draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008

Draft Social Security (Students Responsible for Children or Young Persons) Amendment Regulations 2008. (HL Paper 115)

Public Business

2    Royal Assent The Lord Speaker (Baroness Hayman) notified the Queen’s Assent to the following Acts:

Channel Tunnel Rail Link (Supplementary Provisions) Act 2008    c. 5

Transport for London Act 2008    c. i

Church of England Marriage Measure 2008    No. 1

3    Rainforests A question was asked by Lord Eden of Winton and answered by Baroness Crawley.

4    War pension appeals A question was asked by Lord Morris of Manchester and answered by Lord Hunt of Kings Heath.

5    Economy: cost of living A question was asked by Lord Hamilton of Epsom and answered by Lord Davies of Oldham.

6    Iran: Baha’i community A question was asked by Lord Avebury and answered by Lord Malloch-Brown.

7    Hereditary Peers’ By-election The Clerk of the Parliaments informed the House that the Earl of Stair had been elected in accordance with the provisions of Standing Order 10 (Hereditary peers: by-elections) to fill the vacancy created by the death of Baroness Darcy de Knayth among the peers excepted from section 1 of the House of Lords Act 1999.

8    Business of the House The Lord President (Baroness Ashton of Upholland) moved that the debate on the motion in the name of Lord MacLaurin of Knebworth set down for today shall be limited to 2 hours and that in the name of Lord Freeman to 3½ hours. The motion was agreed to.

9    Parliamentary Constituencies (Northern Ireland) Order 2008

Mutilations (Permitted Procedures) (England) (Amendment) Regulations 2008

Lord Davies of Oldham, on behalf of Lord Rooker, moved that the draft Order and Regulations laid before the House on 31 March and 21 April be approved en bloc. The motion was agreed to.

10    Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2008 Lord Davies of Oldham, on behalf of Lord McKenzie of Luton, moved that the draft Regulations laid before the House on 29 April be approved. The motion was agreed to.

11    Building Societies (Financial Assistance) Order 2008

Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008

Cash Ratio Deposits (Value Bands and Ratios) Order 2008

Lord Davies of Oldham moved that the draft Orders laid before the House on 3, 21 and 2 April be approved en bloc. The motion was agreed to.

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12    Land Registration (Network Access) Rules 2008

Compensation (Claims Management Services) (Amendment) Regulations 2008

Lord Hunt of Kings Heath moved that the draft Rules and Regulations laid before the House on 5 March and 22 April be approved en bloc. The motion was agreed to.

13    Economy: enterprise, taxation and manufacturing (2-hour debate) Lord MacLaurin of Knebworth moved for papers relating to the role of enterprise in the United Kingdom economy, the effect of taxation on the competitiveness of small and large businesses, and the current situation and future direction of manufacturing. After debate, the motion was withdrawn.

14    Armed Forces: reserves (3½-hour debate) Lord Freeman moved for papers relating to the contribution made to national defence by Her Majesty’s Reserve Forces since the founding of the Territorial Army in 1908, and the future role of these forces, including their role of encouraging local participation. After debate, the motion was withdrawn.

15    Health and Social Care Bill The bill was reported from the Grand Committee with amendments. The bill, as amended, was ordered to be printed. (HL Bill 62)

16    Employment and Support Allowance Regulations 2008 Lord Kirkwood of Kirkhope moved that a Humble Address be presented to Her Majesty praying that the Regulations, laid before the House on 27 March, be annulled (SI 2008/794). After debate, the motion was withdrawn.

17    Local Government Pension Scheme (Amendment) Regulations 2008 Lord Campbell-Savours moved that a Humble Address be presented to Her Majesty praying that the Regulations, laid before the House on 16 April, be annulled (SI 2008/1083). After debate, the motion was withdrawn.

The House adjourned at 6.39pm until 2.30pm on Monday 2 June.

Grand Committee Business

The Grand Committee met in the Moses Room at 12.00 noon.

Health and Social Care Bill The Grand Committee further considered the bill, beginning with amendment 171. Amendments were agreed to. The bill was reported from the Grand Committee with amendments.

The Committee adjourned at 4.12pm.

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    Pay Review Bodies—Armed Forces Pay Review Body: Service Medical and Dental Officers supplement to the Thirty-Seventh Report 2008.     (7347)

2    Departmental Performance—Report for 2008 of the Department for Innovation, Universities and Skills.     (7392)

Affirmative Instrument

The following instrument was laid before the House for approval by resolution:

Draft National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2008, laid under the Government of Wales Act 2006.

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Negative Instruments

The following instruments were laid before the House:

1    Road Traffic Offenders (Prescribed Devices) Order 2008, laid under the Road Traffic Offenders Act 1988.     (1332)

2    Immigration and Nationality (Cost Recovery Fees) (Amendment No. 2) Regulations 2008, laid under the Immigration, Asylum and Nationality Act 2006.     (1337)

Paper not subject to parliamentary proceedings

The following paper was laid before the House:

Report and Accounts for 2007-08 of the Higher Education Funding Council For England, laid under the Further and Higher Education Act 1992.

Judicial Business

1    Norris (Appellant) v Government of the United States of America and others (Respondents) (Criminal Appeal from Her Majesty’s High Court of Justice) Further to the Order of the House of Wednesday 12 March 2008 (26th Report, Session 2007-08; [2008] UKHL 16 ) it was ordered that the Orders for costs in the courts below be set aside, save that made in favour of the Secretary of State; that 75% of the appellant’s costs of the appeal in this House and below be paid out of Central Funds in accordance with the Prosecution of Offences Act 1985, such costs to include three counsel; and that there be no further Order for costs save such Order (if any) as the District Judge may make on the issue remitted to him.

2    Appeal Committee The 70th Report from the Appeal Committee was agreed to and the following Orders were made:

Coles and others (Respondents) v Samuel Smith Old Brewery (Tadcaster) (an unlimited company) and others (Petitioners) That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Cowham (Petitioner) v County Homesearch Company (Thames & Chiltern) Limited (Respondents) That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Ashe (trustee in bankruptcy of Djabar Babai) (Respondent) v National Westminster Bank plc (Petitioners) That leave to appeal be refused; that the respondent be at liberty to apply for his costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Lexington Insurance Company (Respondents) v Wasa International Insurance Company Limited (Petitioners) and one other action That leave to appeal be given; and that the petition of appeal be lodged by 5 June.

Lexington Insurance Company (Respondents) v AGF Insurance Limited (Petitioners) and one other action That leave to appeal be given; and that the petition of appeal be lodged by 5 June.

R (on the application of Ahmad) (Respondent) v Mayor and Burgesses of the London Borough of Newham (Petitioners) That leave to appeal be given; and that the petition of appeal be lodged by 5 June.

City Index Limited (Respondents) v Gawler and others (Petitioners) and others That leave to appeal be given; and that the petition of appeal be lodged by 5 June.

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3    Appeal Committee The 71st Report from the Appeal Committee was agreed to and the following Order was made:

Sugar (Petitioner) v British Broadcasting Corporation and another (Respondents) That leave to appeal be given; and that the petition of appeal be lodged by 5 June.

4    Appeal Committee The 72nd Report from the Appeal Committee was agreed to and the following Order was made:

In re A and others (Petitioners) (Northern Ireland) That leave to appeal be given to argue paragraphs 29-38 of the petition only; and that the petition of appeal be lodged by 5 June.