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House of Lords Journal 241 (Session 2007-08)


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Page 758            2007-08      Volume 241      

Monday 14 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.
Afshar, B.
Ahmed, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Ampthill, L.
Anderson of Swansea, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
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.
Bhattacharyya, L.
Bilimoria, L.
Billingham, B.
Bilston, L.
Birt, L.
Blackstone, B.
Blaker, 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.
Bradshaw, L.
Bragg, L.
Brennan, L.
Brett, L.
Broers, L.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Browne of Belmont, 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-Savours, L.
Carlile of Berriew, L.
Carnegy of Lour, B.
Carter of Coles, L.
Cathcart, E.
Chalker of Wallasey, B.
Chapman, B.
Chorley, 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.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Corston, B.
Cotter, L.
Courtown, E.
Coussins, B.
Craig of Radley, L.
Craigavon, V.
Crickhowell, L.
Crisp, L.
Cunningham of Felling, L.
Currie of Marylebone, L.
Dahrendorf, L.
Davidson of Glen Clova, L.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Thornton-le-Fylde, B.
Dear, L.
Dearing, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon-Smith, L.
Donoughue, L.
D’Souza, B.
Dubs, L.
Dundee, E.
Dykes, 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.
Exeter, Bp.
Falkender, B.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fearn, L.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.
Flather, B.
Fookes, B.
Ford, B.
Forsyth of Drumlean, L.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Fyfe of Fairfield, L.
Gale, B.
Garden of Frognal, B.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Gibson of Market Rasen, B.
Gilbert, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Goodlad, L.
Gordon of Strathblane, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Grantchester, L.
Greengross, B.
Greenway, L.
Gregson, L.
Griffiths of Burry Port, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hameed, L.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, 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.
Healey, L.
Henig, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hogg, B.
Hollis of Heigham, B.
Hooper, B.
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.
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.
James of Blackheath, L.
Janner of Braunstone, L.
Janvrin, L.

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Jay of Ewelme, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Jones, L.
Jones of Cheltenham, L.
Jones of Whitchurch, B.
Jopling, L.
Jordan, L.
Judd, L.
Kennedy of The Shaws, B.
Kerr of Kinlochard, L.
Kilclooney, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Krebs, L.
Laing of Dunphail, L.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Layard, L.
Lea of Crondall, L.
Lee of Trafford, L.
Leitch, L.
Lester of Herne Hill, L.
Lipsey, L.
Liverpool, E.
Livsey of Talgarth, L.
Low of Dalston, L.
Lucas, L.
Luke, L.
Lyell, L.
Lyell of Markyate, L.
McColl of Dulwich, L.
McDonagh, B.
Macdonald of Tradeston, L.
Macfarlane of Bearsden, 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.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mallalieu, B.
Mar, C.
Marland, L.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Mawhinney, L.
Mawson, L.
Maxton, L.
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.
Montrose, D.
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.
Newton of Braintree, L.
Nicholson of Winterbourne, B.
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 Bengarve, B.
O’Neill of Clackmannan, L.
Onslow, E.
Oppenheim-Barnes, B.
Ouseley, L.
Oxburgh, L.
Palmer, L.
Parkinson, L.
Patel, L.
Patel of Blackburn, 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.
Ponsonby of Shulbrede, L.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quin, B.
Quinton, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees of Ludlow, L.
Rees-Mogg, L.
Rennard, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rogan, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Rowe-Beddoe, L.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
St. John of Bletso, L.
St John of Fawsley, L.
Sandberg, L.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
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.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Finsbury, L.
Smith of Gilmorehill, B.
Smith of Kelvin, L.
Snape, L.
Soley, L.
Southwell and Nottingham, Bp.
Steel of Aikwood, L.
Steinberg, L.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Holbeach, L.
Taylor of Warwick, L.
Tebbit, L.
Temple-Morris, L.
Tenby, V.
Teverson, L.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thomas of Winchester, B.
Thornton, B.
Tomlinson, L.
Tonge, B.
Tope, L.
Tordoff, L.
Trefgarne, L.
Triesman, L.
Trimble, L.
Trumpington, B.
Truscott, L.
Tugendhat, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Tyler, L.
Uddin, B.
Ullswater, V.
Vadera, B.
Verma, B.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Wallace of Tankerness, L.

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Walmsley, B.
Walpole, L.
Warner, L.
Warnock, B.
Warsi, B.
Warwick of Undercliffe, B.
Watson of Invergowrie, L.
Wedderburn of Charlton, L.
Whitaker, B.
Wilcox, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Wilson of Tillyorn, L.
Windlesham, L.
Winston, L.
Wolfson, L.
Woolf, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Norwood Green, L.

Prayers were read by the Lord Bishop of Exeter.

1Leave of Absence The leave of absence granted to Lord Tombs was ended.

2Lord Smith of Kelvin Sir Robert Haldane Smith, Knight, having been created Baron Smith of Kelvin, of Kelvin in the City of Glasgow, for life by Letters Patent dated 29 May 2008, was introduced between Lord Macfarlane of Bearsden and Lord Robertson of Port Ellen, and took and subscribed the oath. (See Appendix)

Select Committee Reports

3Human Rights
The following Reports from the Joint Committee were made and ordered to be printed:

Legislative Scrutiny: Criminal Evidence (Witness Anonymity) Bill (26th Report, HL Paper 153)

The Use of Restraint in Secure Training Centres: Government Response to the Committee’s Eleventh Report. (27th Report, HL Paper 154)

Public Business

4Energy: Nuclear Development Forum A question was asked by Lord Jenkin of Roding and answered by Baroness Vadera.

5Pensions: retirement age A question was asked by Lord Sheldon and answered by Lord McKenzie of Luton.

6Aviation: air quality A question was asked by Baroness Trumpington and answered by Lord Bassam of Brighton.

7Higher education: office of the Independent Adjudicator A question was asked by Lord Lucas and answered by Baroness Morgan of Drefelin.

8Housing (Scotland) Act 2006 (Consequential Provisions) Order 2008 Lord Davies of Oldham moved that the draft Order laid before the House on 9 June be approved. The motion was agreed to.

9Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008

London Waste and Recycling Board Order 2008

Lord Rooker moved that the draft Orders and Regulations laid before the House on 18 and 11 June be approved en bloc. The motion was agreed to.

10Pensions Bill The bill was further considered in Committee, beginning with amendment 126. The House resumed.

11House of Lords: reform Lord Hunt of Kings Heath repeated a ministerial statement made in the House of Commons.

12Regulatory Enforcement and Sanctions Bill [HL] The bill was returned from the Commons with a privilege amendment. The amendment was considered and agreed to.

13Pensions Bill The bill was further considered in Committee, beginning with amendment 127. Amendments were agreed to. The House resumed after amendment 130DK.

14Parliament Square A question was asked by Lord Wallace of Saltaire and, after debate, answered by the Chairman of Committees.

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15Pensions Bill The bill was further considered in Committee, beginning with amendment 130DL. Amendments were agreed to. The House resumed after amendment 130EX.

The House adjourned at 10.00pm until 2.30pm on Tuesday 15 July.

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(Partial) Immigration and Citizenship Bill, Draft—Report of the UK Border Agency on the Draft (Partial) Immigration and Citizenship Bill, together with Explanatory Notes.     (7373)

2Departmental Performance—

   (1)Report for 2008 of HM Revenue and Customs.     (7402)

   (2)Report for 2008 of the Bank of England.     (—)

   (3)Report and Accounts for 2007-08 of the Valuation Office.     (—)

   (4)Report and Accounts for 2007-08 of the National Archives.     (—)

3Lords Reform—The Governance of Britain: An Elected Second Chamber: Further Reform of the House of Lords: Government proposals.     (7438)

Statutory Instruments (Standing Order 71)

The following negative instruments, having been laid before the House on 11 July, were ordered to lie on the Table:

1Education (Nutritional Standards and Requirements for School Food) (England) (Amendment) Regulations 2008, laid under the School Standards and Framework Act 1998.     (1800)

2Education (Independent School Inspection Fees and Publication) (England) Regulations 2008, laid under the Education Act 2002.     (1801)

3Childcare (Fees) Regulations 2008, laid under the Childcare Act 2006.     (1804)

4(1)Adoptions with a Foreign Element (Special Restrictions on Adoptions from Abroad) Regulations 2008     (1807)

   (2)Special Restrictions on Adoptions from Abroad (Cambodia) Order 2008     (1808)

   (3)Special Restrictions on Adoptions from Abroad (Guatemala) Order 2008     (1809)

laid under the Children and Adoption Act 2006.

5Pension Protection Fund (Entry Rules) Amendment Regulations 2008, laid under the Pensions Act 2004.     (1810)

6Veterinary Surgeons’ Qualifications (European Recognition) Regulations 2008, laid under the European Communities Act 1972.     (1824)

Papers not subject to parliamentary proceedings

The following papers were laid before the House:

1Report for 2007-08 of HM Chief Inspector of the Crown Prosecution Service, laid under the Crown Prosecution Service Inspectorate Act 2000.

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2Accounts for 2007-08 of the Greenwich Hospital and Travers Foundation, together with the Report of the Comptroller and Auditor General, laid under the Armed Forces Act 1976.

3(1)Report and Accounts for 2007-08 of the County Durham and Darlington NHS Foundation Trust

  (2)Report and Accounts for 2007-08 of the National Patient Safety Agency

  (3)Report and Accounts for 2007-08 of the Taunton and Somerset NHS Foundation Trust

  (4)Report and Accounts for 2007-08 of the Royal Devon and Exeter NHS Foundation Trust

  (5)Report and Accounts for the period 1 October 2007 to 31 March 2008 of the Lincolnshire Partnership NHS Foundation Trust

laid under the National Health Service Act 2006.

4Report and Accounts for 2007-08 of the UK Intellectual Property Office, together with the Report of the Comptroller and Auditor General, laid under the Government Trading Funds Act 1973.

5Report and Accounts for 2007-08 of the Information Commissioner’s Office, together with the Report of the Comptroller and Auditor General, laid under the Data Protection Act 1998.

6Accounts for 2007-08 of the Consolidated Fund, together with the Report of the Comptroller and Auditor General, laid under the National Loans Act 1968.

7Report and Accounts for 2007-08 of the Engineering and Physical Sciences Research Council, laid under the Science and Technology Act 1965.

8(1)Report and Accounts for 2007-08 of the English Sports Council Grant in Aid and Lottery

  (2)Report and Accounts for 2007-08 of the National Lottery Commission

laid under the National Lottery etc. Act 1993.

9Report and Accounts for 2007-08 of the Civil Nuclear Police Authority, laid under the Energy Act 2004.

10Report and Accounts for 2007-08 of the Office of the Immigration Services Commissioner, laid under the Immigration and Asylum Act 1999.

Judicial Business

1Secretary of State for the Home Department (Respondent) v Nasseri (FC) (Petitioner) The petition of Javad Nasseri praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 10 July).

2In re C (AP) and another (AP) (Appellants) (Northern Ireland) The appeal was set down for hearing and referred to an Appellate Committee.

3In re M (Appellant) (Northern Ireland) The appeal was set down for hearing and referred to an Appellate Committee.

4Masri (Respondent) v Consolidated Contractors International (UK) Limited and others (Appellants) The Order of the House of 26 June not being complied with, it was ordered that the appeal be struck out and that the appellants do pay or cause to be paid to the respondent his costs of the appeal to this House, the amount of such costs to be certified by the Clerk of the Parliaments if not agreed between the parties.

5United Bristol Healthcare NHS Trust (Appellants) v RH (a child by his mother and litigation friend LW) (Respondent) The petition of the appellants praying that the appeal be withdrawn on the terms agreed between the parties and on condition that the appellants do pay or cause to be paid to the respondent any costs incurred in respect of the petition of appeal to this House, the amount of such

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costs to be certified by the Clerk of the Parliaments if not agreed between the parties (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

6Tameside & Glossop Acute Services NHS Trust (Petitioners) and others and others (Petitioners) v T (by his mother and litigation Friend HJB) (Respondent) and another and others (Respondents) Upon application by the first petitioners (the agents for the 1st respondent consenting thereto) it was ordered that the petition be withdrawn; and that the petitioners do pay or cause to be paid to the respondent any costs incurred in respect of the petition for leave to appeal, the amount of such costs to be certified by the Clerk of the Parliaments if not agreed between the parties.

7South Yorkshire Strategic Health Authority (Petitioners) v C (Respondent) (formerly Tameside & Glossop Acute Services NHS Trust (Petitioners) and others and others (Petitioners) v T (by his mother and litigation Friend HJB) (Respondent) and another and others (Respondents)) Upon application by the petitioners (the agents for the respondent consenting thereto) it was ordered that the petition be withdrawn; and that the petitioners do pay or cause to be paid to the respondent any costs incurred in respect of the petition for leave to appeal, such costs to be certified by the Clerk of the Parliaments if not agreed between the parties.

8Holmes-Moorhouse (FC) (Respondent) v London Borough of Richmond upon Thames (Appellants) The respondent’s certificate of public funding was lodged, and the time for lodging the statement and appendix and setting down the cause for hearing was extended to 6 October.

9Appeal Committee The 95th Report from the Appeal Committee was agreed to and the following Orders were made:

AK (Sri Lanka) (FC) (Petitioner) v Secretary of State for the Home Department (Respondent) That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; that the respondent be at liberty to apply for her 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.

KG (Sri Lanka) (Petitioner) v Secretary of State for the Home Department (Respondent) That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; that the respondent be at liberty to apply for her 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.

Smith (Petitioner) v Northamptonshire County Council (Respondents) That leave to appeal be given; and that the petition of appeal be lodged by 28 July.

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 Sir Robert Haldane Smith Knight to the state degree style dignity title and honour of Baron Smith of Kelvin of Kelvin in Our City of Glasgow

And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Baron Smith of Kelvin to have and to hold unto him for his life

Willing and by these Presents granting for Us Our heirs and successors that he 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 he 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 twenty-ninth day of May in the fifty-seventh year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL