House of Lords Journal 241 (Session 2007-08)


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Wednesday 25 June 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.
Adonis, L.
Ahmed, L.
Alliance, L.
Alton of Liverpool, L.
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.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Berkeley, L.
Best, L.
Bew, L.
Bhatia, L.
Bilimoria, L.
Billingham, B.
Bilston, L.
Bingham of Cornhill, L.
Blackstone, B.
Blackwell, L.
Blaker, L.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bottomley of Nettlestone, B.
Bowness, L.
Boyce, L.
Brabazon of Tara, L.
Bradley, L.
Bradshaw, L.
Bragg, L.
Bramall, L.
Brett, L.
Bridgeman, V.
Broers, L.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Brown of Eaton-under-
Heywood, L.
Burnett, L.
Buscombe, B.
Butler-Sloss, B.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.
Carnegy of Lour, B.
Carter of Coles, L.
Cathcart, E.
Chandos, V.
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.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Cotter, L.
Courtown, E.
Coussins, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crickhowell, L.
Crisp, L.
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.
Dearing, L.
Deech, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
D’Souza, B.
Dundee, E.
Dykes, L.
Eames, L.
Eatwell, L.
Eden of Winton, L.
Elder, L.
Elliott of Morpeth, L.
Elton, L.
Elystan-Morgan, L.
Emerton, B.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Evans of Watford, L.
Exeter, Bp.
Ezra, L.
Falkender, B.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Ferrers, E.
Finlay of Llandaff, B.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Foster of Bishop Auckland, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Fyfe of Fairfield, L.
Gale, B.
Geddes, L.
Gibson of Market Rasen, B.
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.
Grantchester, L.
Greaves, L.
Greengross, B.

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Gregson, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hale of Richmond, B.
Hameed, L.
Hamilton of Epsom, L.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, L.
Harries of Pentregarth, L.
Harris of Haringey, L.
Harris of Richmond, B.
Hart of Chilton, L.
Haskel, L.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hoffmann, L.
Hollis of Heigham, 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.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Hylton, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jay of Ewelme, L.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jones of Cheltenham, L.
Jones of Whitchurch, B.
Judd, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kinnock, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Krebs, L.
Laing of Dunphail, L.
Laird, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Layard, L.
Lea of Crondall, L.
Lee of Trafford, L.
Lester of Herne Hill, L.
Lewis of Newnham, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, E.
Livsey of Talgarth, L.
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.
McCluskey, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackay of Drumadoon, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Mackie of Benshie, L.
MacLaurin of Knebworth, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Manchester, Bp.
Mancroft, L.
Mar, C.
Marland, L.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Maxton, L.
Mayhew of Twysden, L.
Meacher, B.
Methuen, L.
Miller of Hendon, B.
Mitchell, L.
Mogg, L.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Moonie, L.
Moran, L.
Morgan, L.
Morgan of Drefelin, B.
Morgan of Huyton, B.
Morris of Bolton, B.
Morris of Handsworth, L.
Morris of Manchester, L.
Morris of Yardley, B.
Moynihan, L.
Murphy, B.
Naseby, L.
Neill of Bladen, L.
Neuberger, B.
Neuberger of Abbotsbury, L.
Neville-Jones, B.
Newby, L.
Newton of Braintree, L.
Noakes, B.
Northesk, E.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Bengarve, B.
O’Neill of Clackmannan, L.
Oxburgh, L.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Perry of Southwark, B.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plumb, L.
Powell of Bayswater, L.
Prashar, B.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quin, B.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Rana, L.
Rawlings, B.
Rea, L.
Reay, L.
Redesdale, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Richard, L.
Richardson of Calow, B.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rodger of Earlsferry, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rosser, L.
Rosslyn, E.
Royall of Blaisdon, B.
St. John of Bletso, L.
St John of Fawsley, L.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scott of Foscote, L.
Seccombe, B.
Selborne, E.
Selkirk of Douglas, L.
Selsdon, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheikh, L.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Finsbury, L.
Smith of Gilmorehill, B.
Snape, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stair, E.
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.
Tanlaw, L.
Taylor of Blackburn, L.

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Taylor of Bolton, B.
Taylor of Holbeach, L.
Tebbit, L.
Temple-Morris, L.
Tenby, V.
Teverson, L.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thomas of Winchester, B.
Thornton, B.
Tonge, B.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trimble, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turnbull, L.
Turner of Camden, B.
Tyler, L.
Uddin, B.
Ullswater, V.
Verma, B.
Wakeham, L.
Walker of Aldringham, 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.
Watson of Richmond, L.
Waverley, V.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, 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 Exeter.

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:

11th Report, on the following:

Counter-Terrorism Bill

Crossrail Bill—Government amendments

Pensions Bill—Government amendments

Planning and Energy Bill—Government amendment. (HL Paper 133)

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

23rd Report on certain statutory instruments, including the following affirmative instruments:

Draft Criminal Injuries Compensation Scheme 2008

Draft Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008

Draft Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008

Draft Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors in England, Wales and Northern Ireland: Code of Practice) Order 2008

Draft Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008. (HL Paper 134)

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

Apprenticeship: Recent Developments. (3rd Report, HL Paper 137)

Private Business

4    London Local Authorities and Transport for London Bill The bill was returned from the Commons with the amendments agreed to.

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Public Business

4    National Health Service: Healthcare Travel Costs Scheme A question was asked by Lord Lewis of Newnham and answered by Baroness Thornton.

5    House of Lords: life peerages exhibition A question was asked by Earl Ferrers and answered by the Chairman of Committees.

6    Elections: Joseph Rowntree report A question was asked by Lord Tyler and answered by Lord Hunt of Kings Heath.

7    Fuel prices A question was asked by Lord Teverson and answered by Lord Bach.

8    Revenue and Customs Lord McKenzie of Luton repeated a ministerial statement made in the House of Commons.

9    Education and Skills Bill The bill was considered in Committee. Amendments were considered. The House resumed.

10    Flooding: Pitt Report Lord Davies of Oldham repeated a ministerial statement made in the House of Commons.

11    Representation of the People (Northern Ireland) Regulations 2008 Lord Tunnicliffe moved that the draft Regulations laid before the House on 14 May be approved. After debate, the motion was agreed to.

12    Service Voters’ Registration Period (Northern Ireland) Order 2008 Lord Tunnicliffe moved that the draft Order laid before the House on 14 May be approved. The motion was agreed to.

13    Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2008 Lord Tunnicliffe moved that the draft Order laid before the House on 16 May be approved. After debate, the motion was agreed to.

14    Education and Skills Bill The bill was further considered in Committee, beginning with amendment 5. Amendments were considered. The House resumed after clause 2 was agreed to.

The House adjourned at 10.02pm until 11.00am on Thursday 26 June.

Grand Committee Business

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

Energy Bill The Grand Committee further considered the bill, beginning with amendment 55. The Committee adjourned after amendment 63B.

The Committee adjourned at 7.46pm.

Papers

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

Super-affirmative Instrument

The following proposed draft instrument was laid before the House:

Proposed draft Criminal Damage (Compensation) (Amendment) (Northern Ireland) Order 2008, laid under the Northern Ireland Act 1998.

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Negative Instruments

The following instruments were laid before the House:

1    Mesothelioma Lump Sum Payments (Claims and Reconsiderations) Regulations 2008, laid under the Child Maintenance and Other Payments Act 2008.     (1595)

2    Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008, laid under the Social Security Administration Act 1992.     (1596)

3    Family Proceedings (Amendment No. 2) Rules (Northern Ireland) 2008, laid under the Family Law (Northern Ireland) Order 1993.     (SR259)

Papers not subject to parliamentary proceedings

The following papers were laid before the House:

1    Report for 2007-08 of the Postal Services Commission, laid under the Postal Services Act 2000.

2    Report and Accounts for 2007 of the Engineering Construction Industry Training Board, laid under the Industrial Training Act 1982.

3    Report for 2007-08 of the Sentencing Guidelines Council and the Sentencing Advisory Panel, laid under the Criminal Justice Act 2003.

Judicial Business

1    Beoku-Betts (FC) (Appellant) v Secretary of State for the Home Department (Respondent) It was moved by Lord Bingham of Cornhill that the 49th 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 6 July 2005 and also the determination of the Immigration Appeal Tribunal notified on 5 September 2003 be set aside and the determination of the adjudicator, Mr C J Hodgkinson promulgated on 4 February 2003 restored; that the question of costs be adjourned in order that the parties may make written submissions within 14 days; and that the costs of the appellant in this House be taxed in accordance with the Access to Justice Act 1999. [2008] UKHL 39

2    Chikwamba (FC) (Appellant) v Secretary of State for the Home Department (Respondent) It was moved by Lord Bingham of Cornhill that the 50th 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 16 November 2005 and also the determination of the Immigration Appeal Tribunal notified on 25 January 2005 be set aside; that consideration of what further order (if any) is appropriate to be made in these circumstances be postponed to allow the parties to make written submissions within 14 days; that the respondent do pay, or cause to be paid, to the appellant her costs in this House and below; and that the costs of the appellant in this House be taxed in accordance with the Access to Justice Act 1999. [2008] UKHL 40

3    EB (Kosovo) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) It was moved by Lord Bingham of Cornhill that the 51st 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 14 December 2006 and also the determination of the Asylum and Immigration Tribunal notified on 9 February 2006 be set aside; that the case be remitted to the Asylum and Immigration Tribunal for determination in the light of the judgment of this House; that the question of costs be adjourned in order that the parties may make written submissions within 14 days; and that the costs of the appellant in this House be taxed in accordance with the Access to Justice Act 1999. [2008] UKHL 41

4    AL (Serbia) (FC) (Appellant) v Secretary of State for the Home Department (Respondent)

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5    R (on the application of Rudi) (FC) (Appellant) v Secretary of State for the Home Department (Respondent)

It was moved by Lord Bingham of Cornhill that the 52nd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that in the appeal of AL (Serbia) the Order of Her Majesty’s Court of Appeal of 28 November 2006 be affirmed and the appeal dismissed; that the question of costs be adjourned in order that the parties may make written submissions within 14 days; and that the costs of the appellant be taxed in accordance with the Access to Justice Act 1999;

And that in the appeal of Rudi the Order of Her Majesty’s Court of Appeal of 14 December 2007 be affirmed and the appeal dismissed; that the question of costs be adjourned in order that the parties may make written submissions within 14 days; and that the costs of the appellant be taxed in accordance with the Access to Justice Act 1999. [2008] UKHL 42

6    Mayor and Burgesses of the London Borough of Lewisham (Appellants) v Malcolm (FC) (Respondent) It was moved by Lord Bingham of Cornhill that the 53rd 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 25 July 2007 be set aside and the Order of Her Honour Judge Hallon in the Bromley County Court of 6 May 2006 restored; that the question of costs be adjourned in order that the parties (other than the intervener) may make written submissions within 14 days; and that the costs of the respondent in this House be taxed in accordance with the Access to Justice Act 1999. [2008] UKHL 43

7    Earl Cadogan and another (Respondents) v 26 Cadogan Square Limited (Appellants)

8    Howard de Walden Estates Limited (Respondents) v Aggio and others (Appellants)

It was moved by Lord Hoffmann that the 54th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal of 26 Cadogan Square Limited be allowed; that the Order of Her Majesty’s Court of Appeal of 24 May 2007 (as amended) be set aside and paragraphs 1, 2 and 4 of the Order of His Honour Judge Crawford Lindsay QC in the Central London County Court of 19 July 2006 restored; that it be declared “that on the relevant date of 22 March 2005 the appellants’ predecessor in title, Vanmour Limited, had the right under Chapter II of Part I of the Leasehold Reform, Housing and Urban Development Act 1993 to acquire a new lease of the flat known as the Third and Fourth Floor Flat (with Fifth Floor annexe), 26 Cadogan Square, London SW1X 0JP, and that the respondents’ counter-notice dated 5 July 2005 be of no effect”; that pursuant to section 46(4)(b) of the Leasehold Reform, Housing and Urban Development Act 1993 the respondents do serve, or cause to be served, a further counter-notice on the appellants by 23 July 2008; and that the respondents do pay, or cause to be paid, to the appellants their costs in this House and in the Court of Appeal;

And that in the appeal of Aggio and others the appeal be allowed; that the Order of the Court of Appeal of 24 May 2007 (as amended) be set aside save in respect of that part of paragraph 1 of the said Order allowing the appeal against paragraph 2 of the Order of His Honour Judge Collins CBE in the Central London County Court of 14 December 2006 and paragraphs 1, 3, 4 and 5 of the Order of His Honour Judge Collins CBE in the Central London County Court of 14 December 2006 restored; that it be declared “that on the relevant date of 20 September 2005 the appellants had the right under Chapter II of Part I of the Leasehold Reform, Housing and Urban Development Act 1993 to acquire a new lease of the flat known as the Raised Ground Floor Flat, 19 Upper Wimpole Street, London W1, and that the respondents’ counter-notice dated 25 January 2006 be of no effect”; that pursuant to section 46(4)(b) of the Leasehold Reform, Housing and Urban Development Act 1993 the respondents do serve, or cause to be served, a further counter-notice on the appellants by 26 August 2008; that it be further declared “that on the relevant date of 19 May 2006 the appellants had the right under Chapter II of Part I of the Leasehold Reform, Housing and Urban Development Act 1993 to acquire a new lease of the flat known as the Basement Flat, 19 Upper Wimpole Street, London W1, and that the respondents’ counter-notice dated 27 July 2006 be of no effect”; that pursuant to section 46(4)(b) of the Leasehold Reform, Housing and Urban

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Development Act 1993 the respondents do serve, or cause to be served, a further counter-notice on the appellants by 26 August 2008; and that the respondents do pay, or cause to be paid, to the appellants their costs in this House and in the Court of Appeal. [2008] UKHL 44

9    Austin (FC) (Appellant) and another v Commissioner of Police of the Metropolis (Respondent) (England) The appeal of Lois Austin was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 6 October.

10    R v G (Respondent) (on Appeal from the Court of Appeal Criminal Division) The appeal of the Director of Public Prosecutions was presented and ordered to be prosecuted subject to the procedures applicable thereto.

11    R v J (Respondent) (on Appeal from the Court of Appeal Criminal Division) The appeal of the Director of Public Prosecutions was presented and ordered to be prosecuted subject to the procedures applicable thereto.

12    RB (Algeria) (FC) and another (Appellants) v Secretary of State for the Home Department (Respondent) 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 23 July (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.