House of Lords Journal 241 (Session 2007-08)


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Tuesday 1 July 2008

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.
Alderdice, L.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
Ampthill, L.
Anderson of Swansea, L.
Andrews, B.
Anelay of St Johns, B.
Armstrong of Ilminster, L.
Arran, E.
Ashcroft, L.
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.
Bernstein of Craigweil, L.
Bhatia, L.
Bhattacharyya, L.
Bilimoria, L.
Billingham, B.
Bilston, L.
Blackstone, B.
Blaker, L.
Bledisloe, V.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bottomley of Nettlestone, B.
Boyce, L.
Brabazon of Tara, L.
Bradley, L.
Bradshaw, L.
Bragg, L.
Bramall, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Broers, L.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burnett, L.
Buscombe, B.
Butler of Brockwell, L.
Butler-Sloss, B.
Byford, B.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell of Surbiton, B.
Campbell-Savours, L.
Carnegy of Lour, B.
Carter of Coles, L.
Cathcart, E.
Chadlington, L.
Chandos, V.
Chidgey, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Colville of Culross, V.
Colwyn, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Corston, B.
Cotter, L.
Courtown, E.
Coussins, B.
Cox, B.

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Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crickhowell, L.
Crisp, L.
Cunningham of Felling, L.
Darzi of Denham, L.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Dear, L.
Deech, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
D’Souza, B.
Dundee, E.
Dykes, L.
Eatwell, L.
Eccles, V.
Eccles of Moulton, B.
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.
Falconer of Thoroton, L.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fearn, L.
Feldman, L.
Ferrers, E.
Finlay of Llandaff, B.
Flather, B.
Fookes, B.
Ford, B.
Forsyth of Drumlean, L.
Foster of Bishop Auckland, L.
Fowler, L.
Fraser of Carmyllie, L.
Freyberg, L.
Fyfe of Fairfield, L.
Gale, B.
Garden of Frognal, B.
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.
Goodhart, L.
Goodlad, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Grantchester, L.
Greaves, L.
Greengross, B.
Greenway, L.
Gregson, L.
Griffiths of Burry Port, L.
Grocott, L.
Hameed, L.
Hamilton of Epsom, L.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Hastings of Scarisbrick, L.
Haworth, L.
Hayhoe, L.
Henig, B.
Henley, L.
Hodgson of Astley Abbotts, L.
Hogg, B.
Hollis of Heigham, B.
Hooper, 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.
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.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jay of Ewelme, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jones of Cheltenham, L.
Jones of Whitchurch, B.
Jopling, L.
Jordan, L.
Judd, L.
Kennedy of The Shaws, B.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kingsmill, B.
Kinnock, L.
Kirkham, L.
Kirkwood of Kirkhope, L.
Krebs, L.
Laing of Dunphail, L.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lang of Monkton, L.
Layard, L.
Lea of Crondall, L.
Lee of Trafford, L.
Leitch, L.
Lester of Herne Hill, L.
Lewis of Newnham, L.
Lincoln, Bp.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Liverpool, Bp.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lofthouse of Pontefract, L.
Low of Dalston, L.
Lucas, L.
Luce, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
McDonagh, B.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
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.
Manningham-Buller, B.
Mar, C.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Mawhinney, L.
Mawson, L.
Maxton, L.
May of Oxford, L.
Mayhew of Twysden, L.
Meacher, B.
Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mitchell, L.
Mogg, L.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.
Montgomery of Alamein, V.
Moonie, 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 Manchester, L.
Morris of Yardley, B.
Moser, L.
Moynihan, L.
Murphy, B.
Naseby, L.
Neuberger, B.
Neville-Jones, B.
Newby, L.
Newcastle, Bp.
Noakes, B.
Northbourne, L.
Northbrook, L.

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Northesk, E.
Northover, B.
Norton of Louth, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
Ouseley, L.
Oxburgh, L.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Parkinson, L.
Patel, L.
Patel of Blackburn, L.
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.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quin, B.
Quirk, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Rawlings, B.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, L.
Rendell of Babergh, B.
Rennard, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rooker, L.
Roper, L.
Rotherwick, L.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
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 Needham Market, 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.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soley, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Southwell and Nottingham, Bp.
Steel of Aikwood, L.
Stevens of Kirkwhelpington, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Holbeach, L.
Tebbit, L.
Temple-Morris, L.
Tenby, V.
Teverson, L.
Thomas of Gresford, L.
Thomas of Macclesfield, L.
Thomas of Walliswood, B.
Thornton, B.
Tomlinson, L.
Tonge, B.
Tordoff, L.
Trefgarne, L.
Trenchard, V.
Triesman, L.
Trimble, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Verma, B.
Vinson, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Wallace of Tankerness, 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.
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.
Windlesham, L.
Woolf, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Norwood Green, L.
Young of Old Scone, B.

Prayers were read by the Lord Bishop of Southwell and Nottingham.

1    Lord Bishop of Lincoln John Charles Lord Bishop of Lincoln was introduced between the Lord Bishop of St Albans and the Lord Bishop of Southwell and Nottingham; and took and subscribed the oath.

2    Baroness Manningham-Buller Dame Elizabeth Lydia Manningham-Buller, DCB, having been created Baroness Manningham-Buller, of Northampton in the County of Northamptonshire, for life by Letters Patent dated 2 June 2008, was introduced between Lord Inge and Lord Luce, and took and subscribed the oath. (See Appendix)


Select Committee Report

3    Merits of Statutory Instruments
The following Report from the Select Committee was made and ordered to be printed:

24th Report, on the following negative instruments, together with the minutes of evidence:

Fire and Rescue Services (National Framework) (England) Order 2008
European Parliament (House of Lords Disqualification) Regulations 2008. (HL Paper 136)

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Public Business

4    Housing: selective licensing schemes A question was asked by Lord Greaves and answered by Baroness Andrews.

5    National Health Service: sixtieth anniversary A question was asked by Baroness Jones of Whitchurch and answered by Lord Darzi of Denham.

6    Railways: passenger demand A question was asked by Lord Bradshaw and answered by Lord Bassam of Brighton.

7    Police: ethnic minority officers A question was asked by Lord Sheikh and answered by Lord West of Spithead.

8    Special Educational Needs (Information) Bill The order of commitment was discharged.

9    Alcohol Labelling Bill [HL] The bill was read a third time and passed. The bill was sent to the Commons.

10    Health and Social Care Bill The bill was read a third time. Amendments were agreed to. Then the bill was passed and returned to the Commons with amendments.

11    Education and Skills Bill The bill was further considered in Committee, beginning with amendment 22. Amendments were considered. The House resumed.

12    Terrorism Act 2006 (Disapplication of Section 25) Order 2008 Lord West of Spithead moved that the draft Order laid before the House on 21 May be approved. After debate, the motion was agreed to.

The House adjourned. The House resumed.

13    Energy Bill The bill was reported from the Grand Committee with amendments. The bill, as amended, was ordered to be printed. (HL Bill 72)

14    Education and Skills Bill The bill was further considered in Committee, beginning with amendment 50. Amendments were considered. The House resumed after amendment 61A.

The House adjourned at 10.05pm until Wednesday 2 July at 9.45am for judicial business, 3.00pm for public business.

Grand Committee Business

The Grand Committee met in the Moses Room at 3.30pm.

Energy Bill The Grand Committee further considered the bill, beginning with amendment 63C. Amendments were considered. The bill was reported with amendments.

The Committee adjourned at 7.40pm.

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:

Banking—Further Consultation Paper of the Bank of England, HM Treasury and the Financial Services Authority on financial stability and depositor protection.     (7436)

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Negative Instruments

The following instruments were laid before the House:

1    National Health Service (Optical Charges and Payments) Amendment (No. 2) Regulations 2008, laid under the National Health Service Act 1977.     (1657)

2    (1)    Cross-border Railway Services (Working Time) Regulations 2008     (1660)

      (2)    Regulated Covered Bonds (Amendment) Regulations 2008     (1714)

      (3)    Eggs and Chicks (England) Regulations 2008     (1718)

laid under the European Communities Act 1972.

3    Armed Forces (Entry, Search and Seizure) (Amendment) Order 2008, laid under the Armed Forces Act 2001.     (1698)

4    Courts-Martial (Amendment) Rules 2008, laid under the Army Act 1955.     (1699)

5    (1)    Estate Agents (Redress Scheme) Order 2008     (1712)

      (2)    Estate Agents (Redress Scheme) (Penalty Charge) Regulations 2008     (1713)

laid under the Estate Agents Act 1979.

Papers not subject to parliamentary proceedings

The following papers were laid before the House:

1    Report and Accounts for 2007-08 of the Legal Services Ombudsman for England and Wales, laid under the Courts and Legal Services Act 1990.

2    Report for 2007-08 of the Regulator of Community Interest Companies, laid under the Companies (Audit, Investigations and Community Enterprise) Act 2004.

3    (1)    Report for 1989 of Local Government Financial Statistics in England

      (2)    Report for 1990 of Local Government Financial Statistics in England

      (3)    Report for 1991 of Local Government Financial Statistics in England

      (4)    Report for 1990-91 to 1993-4 of Local Government Financial Statistics in England

      (5)    Report for 1994 of Local Government Financial Statistics in England

laid under the Local Government Act 1972.

Judicial Business

1    Schweppe (Petitioner) v Harper (Respondent) The petition of Desmond Schweppe praying for leave to appeal was presented and referred to an Appeal Committee (lodged 23 June).

2    Moran (FC) (Petitioner) v Manchester City Council (Respondents) The petition of Sharon Moran praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 30 June).

3    Obiang Mbasogo (President of the State of Equatorial Guinea) and others (Appellants) v Logo Limited and others (Respondents) The Appellate Committee reported that upon application by the appellants (the agents for the respondents consenting thereto) it had ordered that the appeal and

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all pending petitions be withdrawn on terms agreed between the parties. The Report from the Appellate Committee was agreed to and the following Orders were made:

(1) that the appeal in relation to the Appellants’ claim against the First, Second, Fourth and Fifth Respondents and all pending petitions lodged by the Appellants against the First, Second, Fourth and Fifth Respondents be withdrawn;

(2) that all pending petitions lodged on behalf of the First, Second, Fourth and Fifth Respondents in relation to the Appellants’ claim against them be withdrawn;

(3) that the Order of this House dated 6 February 2008 be discharged;

(4) that there be no order as between the Appellants and the First, Second, Fourth and Fifth Respondents on the Appellants’ application to restore the appeal in relation to their claim against the First, Second, Fourth and Fifth Respondents;

(5) that there be no order as to costs in relation to the Appellants’ appeal in relation to their claim against the First, Second, Fourth and Fifth Respondents and in relation to any pending or previous petitions lodged by the Appellants against the First, Second, Fourth and Fifth Respondents;

(6) that there be no order as to costs in relation to any pending or previous petitions lodged on behalf of the First, Second, Fourth and Fifth Respondents in relation to the Appellants’ claim against them;

(7) that any orders as to costs which have been made in the Court of Appeal and in the Queen’s Bench Division of the High Court as between the Appellants and the First, Second, Fourth and Fifth Respondents (including the order made by the Court of Appeal on 23 October 2006) shall not be further enforced;

(8) that in relation to the action and appeals between the Appellants and the First, Second, Fourth and Fifth Respondents, any and all monies held as security for costs in the House of Lords Security Account Fund and/or in court and/or joint deposit accounts and/or held as security in compliance with the Practice Directions or Standing Orders of this House or Orders of the Court of Appeal or of the Queen’s Bench Division of the High Court or undertakings to the court be returned to the paying party forthwith;

(9) that the Agents for the Appellants and the Fifth Respondent shall forthwith execute a written instruction to the Allied Irish Bank (GB) authorising the immediate payment of all sums in the fixed deposit account no. 41616668 in the joint names of Penningtons Solicitors LLP and Collyer Bristow LLP, together with interest, to Penningtons Solicitors LLP; and

(10) that save as provided for in (8) and (9) above, neither the Appellants nor the First, Second, Fourth and Fifth Respondents shall have any obligation to pay or repay any sum to the other (which for the avoidance of any doubt includes any costs arising in the Royal Court of Guernsey, the Court of Appeal of Guernsey and the Privy Council), and any costs orders made shall be treated as having been discharged.

4    Appeal Committee The 91st Report from the Appeal Committee was agreed to and the following Orders were made:

Dixon (Petitioner) v Marchant (formerly Dixon) (Respondent) That leave to appeal be refused; that the respondent be at liberty to apply for her 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.

Berkeley (Respondent) v Bulliqi (Petitioner) That leave to appeal be refused; that the respondent be at liberty to apply for her 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.

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APPENDIX

ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our trusty and well beloved Dame Elizabeth Lydia Manningham-Buller Dame Commander of Our Most Honourable Order of the Bath (commonly called the Honourable Dame Elizabeth Lydia Manningham-Buller) to the state degree style dignity title and honour of Baroness Manningham-Buller of Northampton in Our County of Northamptonshire

And for Us Our heirs and successors do appoint give and grant unto her the said name state degree style dignity title and honour of Baroness Manningham-Buller to have and to hold unto her for her life

Willing and by these Presents granting for Us Our heirs and successors that she may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that she may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy

In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster the second day of June in the fifty-seventh year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL