House of Lords Journal 236 (Session 2002-03)


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Thursday 16 October 2003

The House met at eleven o’clock.

The following Lords Spiritual and Temporal were present:

Falconer of Thoroton, L.
(Lord Chancellor)

Ackner, L.
Acton, L.
Addington, L.
Ahmed, L.
Alderdice, L.
Alexander of Weedon, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Ashley of Stoke, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.

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Bach, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bernstein of Craigweil, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Bingham of Cornhill, L.
Blackstone, B.
Blackwell, L.
Blaker, L.
Blatch, B.
Bledisloe, V.
Borrie, L.
Boston of Faversham, L.
Brabazon of Tara, L.
Bragg, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burnham, L.
Buscombe, B.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Campbell-Savours, L.
Carey of Clifton, L.
Carlisle of Bucklow, L.
Carnegy of Lour, B.
Carrington, L.
Carter, L.
Chalfont, L.
Chan, L.
Chandos, V.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cockfield, L.
Coe, L.
Cohen of Pimlico, B.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cooke of Thorndon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Craig of Radley, L.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cumberlege, B.
Currie of Marylebone, L.
Dahrendorf, L.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Thornton-le-Fylde, B.
Denham, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Dundee, E.
Eames, L.
Eatwell, L.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, 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.
Faulkner of Worcester, L.
Feldman, L.
Finlay of Llandaff, B.
Fitt, L.
Flather, B.
Fookes, B.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Fyfe of Fairfield, L.
Gale, B.
Gardner of Parkes, B.
Gavron, L.
Geddes, L.
Geraint, L.
Gibson of Market Rasen, B.
Glenarthur, L.
Glentoran, 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.
Griffiths of Fforestfach, L.
Grocott, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Hattersley, L.
Hayhoe, L.
Hayman, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hoffman, L.
Hogg, B.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howarth of Breckland, B.
Howe, E.
Howe of Aberavon, L.
Howe of Idlicote, B.
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.
Hutton, L.
Hylton, L.
Irvine of Lairg, L.
Islwyn, L.
Jacobs, L.
Janner of Braunstone, L.
Jellicoe, E.
Jenkin of Roding, L.
Joffe, L.
Jopling, L.
Jordan, L.
Judd, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laing of Dunphail, L.
Laird, L.
Lamont of Lerwick, L.
Lang of Monkton, L.
Lea of Crondall, L.
Lipsey, L.
Listowel, E.
Liverpool, E.
Livsey of Talgarth, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
Lyell, 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.
Mackie of Benshie, L.
MacLaurin of Knebworth, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Mancroft, L.
Mar, C.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
May of Oxford, L.
Mayhew of Twysden, L.

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Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montrose, D.
Morgan, L.
Mowbray and Stourton, L.
Moynihan, L.
Murray of Epping Forest, L.
Murton of Lindisfarne, L.
Naseby, L.
Neill of Bladen, L.
Newby, L.
Newton of Braintree, L.
Nicholls of Birkenhead, L.
Nicol, B.
Noakes, B.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
O’Cathain, B.
O’Neill of Bengarve, B.
Onslow, E.
Orme, L.
Ouseley, L.
Oxford, Bp.
Palmer, L.
Park of Monmouth, B.
Patel, L.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Pendry, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Plummer of St. Marylebone, L.
Ponsonby of Shulbrede, L.
Puttnam, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rennard, L.
Renton, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Rodger of Earlsferry, L.
Rodgers of Quarry Bank, L.
Roll of Ipsden, L.
Rooker, L.
Roper, L.
Rosslyn, E.
Rotherwick, L.
Russell, E.
Ryder of Wensum, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Scott of Foscote, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sewel, L.
Sharp of Guildford, 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.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stallard, L.
Stewartby, L.
Steyn, L.
Stone of Blackheath, L.
Strange, B.
Strathclyde, L.
Sutherland of Houndwood, 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 Gwydir, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trumpington, B.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Doncaster, L.
Walker of Gestingthorpe, L.
Wallace of Saltaire, L.
Walmsley, B.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Invergowrie, L.
Watson of Richmond, L.
Waverley, V.
Weatherill, L.
Whitaker, B.
Whitty, L.
Wigoder, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Woolmer of Leeds, L.
Wright of Richmond, L.

PRAYERS were read by the Lord Bishop of Southwark.

Papers

1.Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:

Children—Response of the Government and the Children and the Family Court Advisory and Support Service to the report of the House of Commons Select Committee on Constitutional Affairs on the Children and the Family Court Advisory and Support Service.

(6004)

2.Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

Fishing Vessels (Decommissioning) Scheme 2003, laid under the Fisheries Act 1981, together with an Explanatory Memorandum.

(2669)

3.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i)Police (Amendment) Regulations 2003—(2594)

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(ii)Police (Promotion) (Amendment) Regulations 2003—(2595)
(iii)Police (Conduct) (Senior Officers) (Amendment) Regulations 2003—(2596)
(iv)Police (Conduct) (Amendment) Regulations 2003—(2599)
(v)Police (Efficiency) (Amendment No. 2) Regulations 2003—(2600)
(vi)Police (Complaints) (General) (Amendment) Regulations 2003—(2602)
 laid under the Police Act 1996;
2. (i)National Crime Squad (Senior Police Members) (Appeals) (Revocation) Order 2003—(2598)
(ii)National Crime Squad (Dispensation from Requirement to Investigate Complaints) Regulations 2003—(2601)
 laid under the Police Act 1997;
3.M62 Motorway (City of Liverpool) (Speed Limit) Regulations 2003, laid under the Road Traffic Regulation Act 1984;
 (2615)
4.Education (Extension of Careers Education) (England) Regulations 2003, laid under the Education Act 1997;
 (2645)
5.Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Blackpool) Order 2003, laid under the Road Traffic Act 1991.
 (2677)
4.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Police Appeals Tribunals (Amendment) Rules 2003, laid under the Police Act 1996;
 (2597)
2.Report for 2002 of the Animal Procedures Committee, laid under the Animals (Scientific Procedures) Act 1986;
3.Report and Accounts for 2002–03 of the Court Service, laid under the Courts and Legal Services Act 1990;
4. (i)Accounts for 2002–03 of the Scottish Screen National Lottery Distribution Fund—
(ii)Report for 2002–03 of Sportscotland Lottery Fund—
 laid under the National Lottery etc. Act 1993;
5.Accounts for 2002–03 of the following Education Action Zones, together with the Reports of the Comptroller and Auditor General—
(i)Barnsley—
(ii)Blackburn with Darwen—
(iii)Bolton—
(iv)Bridgwater—
(v)Bristol—
 laid under the Schools Standards and Framework Act 1998.

Public Business

5.Health and Social Care (Community Health and Standards) Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; an amendment was agreed to; the House was resumed after clause 39 stood part.

The House was adjourned during pleasure.

The House was resumed.

Judicial Business

6.Regina v. G and another (Appellants) (On Appeal from the Court of Appeal (Criminal Division))—It was moved by the Lord Bingham of Cornhill, That the 56th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Orders of the Court of Appeal of 17th July 2002 and of the Crown Court at Aylesbury of 23rd March 2001 and 20th April 2001 be set aside and the convictions quashed; and that the certified question be answered “A person acts recklessly within the meaning of section 1 of the Criminal Damage Act 1971 with respect to (i) a circumstance when he is aware of a risk that it exists or will exist; (ii) a result when he is aware of a risk that it will occur; and it is, in the circumstances known to him, unreasonable to take the risk.”. [2003] UKHL 50

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7.Regina v. Secretary of State for the Home Department (Respondent) ex parte Amin (FC) (Appellant)—It was moved by the Lord Bingham of Cornhill, That the 57th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 27th March 2002 be set aside and that the Order of Mr Justice Hooper of 5th October 2001 be restored; and that the respondent do pay to the appellant his costs in the Court of Appeal and before this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the appellant be taxed in accordance with the Access to Justice Act 1999. [2003] UKHL 51
8.Rees (Respondent) v. Darlington Memorial Hospital NHS Trust (Appellants)—It was moved by the Lord Bingham of Cornhill, That the 58th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 14th February 2002 and the Order of Mr Stuart Brown QC sitting as a Deputy Judge of the High Court of 16th May 2001 be set aside; that the preliminary issue be answered “The claimant mother is not entitled to recover any of the costs of bringing up her son Anthony.”; that the respondent be awarded damages against the appellants in the sum of £15,000; and that the question of costs be adjourned sine die. [2003] UKHL 52
9.Wainwright and another (Appellants) v. Home Office (Respondents)—It was moved by the Lord Bingham of Cornhill, That the 59th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 20th December 2001 be affirmed and the appeal dismissed; and that there be no order as to costs. [2003] UKHL 53
10.Her Majesty’s Commissioners of Inland Revenue (Respondents) v. Laird Group plc (Appellants)—It was moved by the Lord Nicholls of Birkenhead, That the 60th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 30th April 2002 be set aside and that paragraphs 1 and 4 of the Order of Mr Justice Lightman of 28th February 2001 be restored; and that the respondents do pay to the appellants their costs in the Court of Appeal and before this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties. [2003] UKHL 54
11.Kaberry (Petitioner) v. Freeth Cartwright (formerly Freeth Cartwright Hunt Dickens) (a firm) and another (Respondents)—The petition of Simon Edmund John Kaberry praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee (lodged 8th August).
12.Expo Fabrics (UK) Limited (Respondents) v. Naughty Clothing Company Limited (Petitioners)—The petition of Naughty Clothing Company Limited praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
13.Jindal Iron and Steel Co Limited and others (Appellants) and others v. Islamic Solidarity Shipping Company Jordan Inc (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee.
14.Appeal Committee—The following Order was made pursuant to the 65th Report:

Her Majesty’s Commissioners for Customs and Excise (Respondents) v. Blom-Cooper (Petitioner)—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.

15.Appeal Committee—The following Order was made pursuant to the 75th Report:

Regina v. Immigration Appeal Tribunal (Respondents) ex parte Anufrijevas (FC) (Petitioner) and another—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and that the respondents be at liberty to apply for their 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.

The House was adjourned during pleasure.

The House was resumed.

Public Business

16.Health and Social Care (Community Health and Standards) Bill—The House again resolved itself into a Committee upon the bill; amendments were agreed to; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed after amendment 281.

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17.Prostitution—The Lord Faulkner of Worcester asked Her Majesty’s Government how they plan to respond to Recommendation 53 in their consultation document of July 2000 Setting the Boundaries—Reforming the Law on Sexual Offences that “There should be a further review of the law on prostitution”; after debate, the question was answered by the Baroness Scotland of Asthal.

The House was adjourned at twenty-one minutes before nine o’clock
till tomorrow, eleven o’clock.