House of Lords Journal 236 (Session 2002-03)


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Monday 6 October 2003

The House met at half-past two o’clock.

The following Lords Spiritual and Temporal were present:

Falconer of Thoroton, L.
(Lord Chancellor)

Aberdare, L.
Ackner, L.
Acton, L.
Ahmed, L.
Alexander of Weedon, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Arran, E.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barker, B.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Blackstone, B.
Blatch, B.
Bledisloe, V.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Boyce, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burlison, L.
Burnham, L.
Buscombe, B.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.

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Campbell-Savours, L.
Canterbury, Abp.
Carlile of Berriew, L.
Carlisle of Bucklow, L.
Carnegy of Lour, B.
Carter, L.
Chalfont, L.
Chan, L.
Chandos, V.
Chester, Bp.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Cobbold, L.
Cockfield, L.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cooke of Thorndon, L.
Cope of Berkeley, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crawley, B.
Cuckney, L.
Currie of Marylebone, L.
Dahrendorf, L.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Thornton-le-Fylde, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Dundee, E.
Eatwell, L.
Eden of Winton, L.
Elder, L.
Elis-Thomas, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Emerton, B.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Fearn, L.
Filkin, L.
Finlay of Llandaff, B.
Fitt, L.
Freeman, L.
Fyfe of Fairfield, L.
Gale, B.
Gardner of Parkes, B.
Geddes, L.
Geraint, L.
Gibson of Market Rasen, B.
Glenarthur, L.
Gloucester, Bp.
Golding, B.
Goldsmith, L.
Goodhart, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greengross, B.
Greenway, L.
Gregson, L.
Griffiths of Fforestfach, L.
Grocott, L.
Habgood, L.
Hanham, B.
Hannay of Chiswick, L.
Harris of Haringey, L.
Harris of Peckham, L.
Harris of Richmond, B.
Harrison, L.
Hayhoe, L.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hogg of Cumbernauld, L.
Hollick, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, B.
Hooson, L.
Hope of Craighead, 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.
Hussey of North Bradley, L.
Hylton, L.
Inge, L.
Irvine of Lairg, L.
Islwyn, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jellicoe, E.
Jenkin of Roding, L.
Jones, L.
Jordan, L.
Judd, L.
Kilclooney, L.
Kimball, L.
Kingsland, L.
Kirkhill, L.
Laird, L.
Laming, L.
Layard, L.
Lindsay, E.
Lipsey, L.
Listowel, E.
Liverpool, E.
Lofthouse of Pontefract, L.
Luke, L.
Lyell, L.
McCarthy, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Maclennan of Rogart, L.
McNally, L.
Mallalieu, B.
Mancroft, L.
Mar, C.
Marlesford, L.
Mason of Barnsley, L.
Massey of Darwen, B.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Michie of Gallanach, B.
Molyneaux of Killead, L.
Monson, L.
Morgan, L.
Morgan of Huyton, B.
Mowbray and Stourton, L.
Moynihan, L.
Murton of Lindisfarne, L.
Naseby, L.
Newby, L.
Newton of Braintree, L.
Noakes, B.
Northbrook, L.
O’Cathain, B.
Onslow, E.
Orme, L.
Ouseley, L.
Oxburgh, L.
Oxford, Bp.
Palmer, L.
Patel of Blackburn, L.
Peel, E.
Pendry, L.
Peston, L.
Peyton of Yeovil, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Prashar, B.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Razzall, L.
Rea, L.
Redesdale, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Rix, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Roll of Ipsden, L.
Rooker, L.
Roper, L.
Russell, E.
Ryder of Wensum, L.
Saatchi, L.
St. John of Bletso, L.

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St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Scott of Foscote, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Steel of Aikwood, L.
Stern, B.
Stewartby, L.
Steyn, L.
Strange, B.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Tebbit, L.
Temple-Morris, L.
Tenby, V.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Tugendhat, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Waldegrave of North Hill, L.
Walmsley, B.
Walpole, L.
Warner, L.
Warnock, B.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wigoder, L.
Wilcox, B.
Williams of Crosby, B.
Williams of Elvel, L.
Woolmer of Leeds, L.
Worcester, Bp.
Wright of Richmond, L.

PRAYERS were read by the Lord Bishop of Worcester.

1.Deaths of Lords—The Lord Chancellor acquainted the House that the following members of the House had died:

Lord Blake on 20th September 2003

Lord Williams of Mostyn on 20th September 2003

2.Dukedom of Bedford in the Peerage of England—The Petition of Andrew Ian Henry Russell claiming to have succeeded to the Dukedom of Bedford in the Peerage of England and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Duke of Bedford on his register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor to consider and report upon to the House pursuant to Standing Order 11.
3.Barony of Margadale in the Peerage of the United Kingdom—The Lord Chancellor reported that Alastair John Morrison had established his succession to the Barony of Margadale in the Peerage of the United Kingdom. The Clerk of the Parliaments was accordingly directed to enter the Lord Margadale on the register of hereditary peers maintained under Standing Order 10(5).

Judicial Business

4.Rowe (FC) (Petitioner) v. Kingston-upon-Hull City Council and others (Respondents)—The petition of Nicholas Darren Rowe praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.
5.McCabe (Respondent) v. Cornwall County Council and others (Appellants)—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 13th November next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 2nd October).
6.Jindal Iron and Steel Co Limited and others (Appellants) and others v. Islamic Solidarity Shipping Company Jordan Inc (Respondents)—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 9th October (the agents for the respondents not consenting thereto) was presented and referred to an Appeal Committee (lodged 2nd October).
7.Stewart (AP) (Respondent) v. Perth and Kinross Council (Appellants) (Scotland)—The respondent’s legal aid certificate was lodged.

Papers

8.Command Papers—The following papers, having been presented to the House by command of Her Majesty on the dates shown, were ordered to lie on the Table:
1.Foreign Affairs—Government response to the 11th Report from the House of Commons Foreign Affairs Committee, on Gibraltar; (19th September)
 (5954)

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2.Contingent Liability—Minute dated 24th September concerning liabilities proposed to be accepted by the Secretary of State for Health in connection with the Council for the Regulation of Health Care Professionals; (24th September)
 (—)
3.Social Security—Report by the Social Security Advisory Committee and statement by the Secretary of State for Work and Pensions on the Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003; (24th September)
 (5955)
4.Finance—Treasury Minutes on the 26th, 29th to 32nd and 34th Reports from the Committee of Public Accounts; (24th September)
 (5962)
5.Investment Protection—Agreement between the United Kingdom and Bosnia and Herzegovina for the Promotion and Protection of Investments; (24th September)
 (5973)
6.Competition Commission—Report on the mergers in contemplation involving Safeway plc and Asda Group Limited (owned by Wal-Mart Stores Inc); Wm Morrison Supermarkets PLC; J Sainsbury plc; and Tesco plc; (26th September)
 (5950)
7.Social Security—Report by the Social Security Advisory Committee and statement by the Secretary of State for Work and Pensions on the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003; (26th September)
 (5969)
8.Foreign Affairs—Government response to the 10th Report from the House of Commons Foreign Affairs Committee, on foreign policy aspects of the war against terrorism; (30th September)
 (5968)
9.Finance—Treasury Minutes on the 36th, 38th, 39th and 40th Reports from the Committee of Public Accounts; (1st October)
 (5963)
10.Treaty Series—First Supplementary List of Ratifications, Accessions, Withdrawals, etc. for 2003; (1st October)
 (5974)
11.Commercial Debts—Exchange of Notes between the United Kingdom and Jordan concerning Certain Commercial Debts. (1st October)
 (5976)
9.Statutory Instruments (Standing Order 71)—The following statutory instruments, having been laid before the House on the dates shown, were laid before the House and ordered to lie on the Table:
Title, etc.S.I. No. 2003 Date of laying
Negative instruments
Air Route Development (Northern Ireland) Limited (Funding) Order (Northern Ireland) 2003, laid under the Northern Ireland Act 2000;19th September
Terrorism (United Nations Measures) Order 2001 (Amendment No. 3) Regulations 2003, laid under the European Communities Act 1972;243019th September
Misuse of Drugs (Amendment) (No. 3) Regulations 2003, laid under the Misuse of Drugs Act 1971;242923rd September
Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003, laid under the Housing Act 1996;239824th September
Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003, laid under the Social Security Contributions and Benefits Act 1992;239924th September
Rail Vehicle Accessibility (Bristol Harbour Railway Vehicle Number DB978121) Exemption Order 2003, laid under the Disability Discrimination Act 1995;240824th September
Local Government (Gratuities) (Members of County Councils and County Borough Councils) (Wales) Regulations 2003, laid under the Superannuation Act 1972;243725th September
Protection from Eviction (Excluded Licences) (Royal British Legion Industries Ltd) (England) Order 2003, laid under the Protection from Eviction Act 1977;243625th September
Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003, laid under the Social Security Contributions and Benefits Act 1992;243926th September

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Employment Zones Regulations 2003, laid under the Jobseekers Act 1995;243826th September
Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003, laid under the Weights and Measures Act 1985;245426th September
Immigration Employment Document (Fees) (Amendment No. 2) Regulations 2003, laid under the Nationality, Immigration and Asylum Act 2002;244726th September
Local Land Charges (Amendment) Rules 2003, laid under the Local Land Charges Act 1975;250229th September
Park College (Dissolution) Order 2003, laid under the Further and Higher Education Act 1992;244229th September
Road Traffic (Permitted Parking Area and Special Parking Area) (County of Essex) (District of Harlow) Order 2003, laid under the Road Traffic Act 1991;244029th September
Environmental Protection (Restriction on Use of Lead Shot) (England) (Amendment) Regulations 2003, laid under the Environmental Protection Act 1990;251230th September
Allocation of Housing Regulations (Northern Ireland) 2003, laid under the Housing (Northern Ireland) Order 1981;1st October
Homelessness Regulations (Northern Ireland) 2003, laid under the Housing (Northern Ireland) Order 1988;1st October
(i) Motor Vehicles (EC Type Approval) (Amendment) (No. 2) Regulations 2003—24281st October
(ii) Management of Health and Safety at Work and Fire Precautions (Workplace) (Amendment) Regulations 2003—24571st October
laid under the European Communities Act 1972;
Protection of Wrecks (RMS Titanic) Order 2003, laid under the Merchant Shipping and Maritime Security Act 1997;24961st October
(i) Registered Health Care Profession (Designation) Order 200324613rd October
(ii) Police and Criminal Evidence Act 1984 (Visual Recording of Interviews) (Certain Police Areas) (Revocation) Order 200324633rd October
laid under the Police and Criminal Evidence Act 1984;
Registered Health Care Profession (Designation No. 2) Order 2003, laid under the Road Traffic Act 1988;24623rd October
(i) Copyright and Related Rights Regulations 200324983rd October
(ii) Electronic Commerce (EC Directive) (Extension) (No. 2) Regulations 200325003rd October
(iii) Copyright and Rights in Databases (Amendment) Regulations 200325013rd October
laid under the European Communities Act 1972;
Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) (Amendment) Regulations 2003, laid under the Child Support, Pensions and Social Security Act 2000;25263rd October
Electronic Communications Code (Conditions and Restrictions) Regulations 2003, laid under the Communications Act 2003.25533rd October
Instrument not subject to parliamentary proceedings
Fal and Helford (Prohibition of Scallop Dredging) Order 2003, laid under the Sea Fish (Conservation) Act 1967.251330th September

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10.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Adoption Agencies (Amendment) Regulations 2003, laid under the Adoption Act 1976;
 (2555)
2.Merchant Shipping (Oil Pollution Compensation Limits) Order 2003, laid under the Merchant Shipping Act 1995;
 (2559)
3.Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003, laid under the European Communities Act 1972.
 (2562)
11.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Census 2001: Report for Parliamentary Constituencies, laid under the Census Act 1920;
2.Report of the making of a Call-Out Order, laid under the Reserve Forces Act 1996;
3. (i)Amendment List 7 to Queen’s Regulations for the Royal Air Force (5th Edition)—
(ii)Amendment List 21 to Air Publication 1269A, the Royal Air Force Manual of Assessment of Medical Fitness—
 laid under the Air Force (Constitution) Act 1917.

Public Business

12.Health and Social Care (Community Health and Standards) Bill—It was moved by the Lord Warner that it be an instruction to the Committee of the Whole House to which the Health and Social Care (Community Health and Standards) Bill has been committed that they consider the bill in the following order:
the motion was agreed to.
Clause 1 Schedule 1 Clause 2 Schedule 2 Clauses 3 to 25 Schedule 3 Clauses 26 to 34 Schedule 4 Clauses 35 to 37 Schedule 5 Clauses 38 to 40 Schedule 6 Clause 41 Schedule 7 Clause 42Schedule 8 Clauses 43 to 143 Schedule 9 Clauses 144 to 146 Schedule 10 Clauses 147 to 180 Schedule 11 Clauses 181 to 183 Schedule 12 Clauses 184 to 186 Schedule 13 Clauses 187 to 192 Schedule 14 Clauses 193 to 198

13.Dealing in Cultural Objects (Offences) Bill—The order of commitment was discharged.
14.Legal Deposit Libraries Bill—The order of commitment was discharged.
3.Criminal Justice Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed after clause 147 stood part.
16.Business of the House—Further consideration on Report of the Fire Services Bill was postponed until after the Unstarred Question in the name of the Baroness Finlay of Llandaff.
17.Obesity—The Baroness Finlay of Llandaff asked Her Majesty’s Government what action they are taking to tackle the threat that obesity poses to the health and well-being of the nation; after debate, the question was answered by the Lord Warner.
18.Fire Services Bill—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn.

The House was adjourned at six minutes past eleven o’clock
till tomorrow, half-past two o’clock.