House of Lords Journal 239 (Session 2005-06)


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Monday 27th June 2005

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

The following Lords Spiritual and Temporal were present:

Falconer of Thoroton, L.
(Lord Chancellor)

Ackner, L.
Addington, L.
Adonis, L.
Ahmed, L.
Allenby of Megiddo, V.
Alli, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Armstrong of Ilminster, L.
Ashley of Stoke, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bernstein of Craigweil, L.
Best, L.
Bhatia, L.
Bhattacharyya, L.
Biffen, L.
Blaker, L.
Bledisloe, V.
Blood, B.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burlison, L.
Buscombe, B.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.
Carey of Clifton, L.
Carter, L.
Chan, L.
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.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Courtown, E.
Craig of Radley, L.
Craigavon, V.
Crawley, B.
Crickhowell, L.
Croham, L.
Cuckney, L.
Cumberlege, B.
Dahrendorf, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
D’Souza, B.
Dubs, L.
Dundee, E.
Eatwell, L.
Eccles, V.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Ezra, L.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fearn, L.
Filkin, L.
Fitt, L.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Foster of Bishop Auckland, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Fyfe of Fairfield, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Garel-Jones, L.
Gibson of Market Rasen, B.
Giddens, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gregson, L.
Griffiths of Burry Port, L.
Grocott, 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.

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Haworth, L.
Hayhoe, L.
Hayman, B.
Henig, B.
Henley, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Hooper, B.
Hooson, L.
Howarth of Newport, L.
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.
Inglewood, L.
Janner of Braunstone, L.
Jones, L.
Jopling, L.
Jordan, L.
Judd, L.
Kalms, L.
Kennedy of The Shaws, B.
Kilclooney, L.
King of West Bromwich, L.
Kingsland, L.
Kinnock, L.
Kirkham, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Knight of Collingtree, B.
Laming, L.
Lamont of Lerwick, L.
Layard, L.
Lea of Crondall, L.
Leitch, L.
Lester of Herne Hill, L.
Lewis of Newnham, L.
Lindsay, E.
Lipsey, L.
Listowel, E.
Liverpool, Bp.
Livsey of Talgarth, L.
Lucas, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
McDonagh, B.
Macdonald of Tradeston, 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.
Maginnis of Drumglass, L.
Mallalieu, B.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Maxton, L.
Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mitchell, L.
Monro of Langholm, L.
Monson, L.
Montrose, D.
Moore of Wolvercote, L.
Morgan, L.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Yardley, B.
Mowbray and Stourton, L.
Moynihan, L.
Murphy, B.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Noakes, B.
Northbrook, L.
Northesk, E.
Northover, B.
Norwich, Bp.
O’Cathain, B.
O’Neill of Clackmannan, L.
Onslow, E.
Oppenheim-Barnes, B.
Ouseley, L.
Oxburgh, L.
Palmer, L.
Parekh, L.
Patel of Blackburn, L.
Patten, L.
Peel, E.
Pendry, L.
Peston, L.
Peyton of Yeovil, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Prashar, B.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rooker, L.
Rosser, L.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
Sainsbury of Turville, L.
St. Edmundsbury and Ipswich, Bp.
St. John of Bletso, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Sewel, L.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Snape, L.
Steel of Aikwood, L.
Stern, B.
Stevens of Ludgate, L.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
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.
Tonge, B.
Tope, L.
Tordoff, L.
Trefgarne, L.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Vincent of Coleshill, L.
Waddington, L.

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Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walton of Detchant, L.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Weatherill, L.
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.
Wright of Richmond, L.
Young of Norwood Green, L.


PRAYERS were read by the Lord Bishop of St Edmundsbury and Ipswich.

1.Lord Chidgey—David William George Chidgey Esquire, having been created Baron Chidgey, of Hamble-le-Rice in the County of Hampshire, for life by Letters Patent dated in the afternoon of 17th June 2005, was introduced between the Baroness Williams of Crosby and the Lord Livsey of Talgarth, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute (see Appendix 1).
2.Baroness Tonge—Jennifer Louise Tonge, having been created Baroness Tonge, of Kew in the London Borough of Richmond upon Thames, for life by Letters Patent dated in the forenoon of 23rd June 2005, was introduced between the Baroness Hamwee and the Baroness Williams of Crosby, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute (see Appendix 2).

Judicial Business

3.CIBC Mellon Trust Company (acting in its capacity as Trustee of the Chrysler Canada Limited’s Benefits Plan. the Chrysler Canada Limited Master Trust Fund, the Chrysler Canada Limited Non-Canadian Master Trust, the Holmes Foundry Division Master Trust Fund and the Chrysler Canada Limited Supplemental Unemployment Benefits Plan) and others (Respondents) v. Stolzenberg and others and another (Petitioner)—The petition of Paolo Cavazza praying for leave to appeal was presented and referred to an Appeal Committee (lodged 24th June).
4.Newton (Petitioner) v. Bicknell and Bicknell Associates (a firm) (Respondents) (2005)—The petition of Douglas Newton praying for leave to appeal was presented and referred to an Appeal Committee.
5.Mandrake Holdings Limited and others (Petitioners) v. Countrywide Assured Group Plc (Respondents)—The petition of Mandrake Holdings Limited and Mandrake Associates Limited praying for leave to appeal was presented and referred to an Appeal Committee.
6.Messenger Leisure Developments Limited (Petitioners) v. Her Majesty’s Revenue and Customs (Respondents)—The petition of Messenger Leisure Developments Limited praying for leave to appeal was presented and referred to an Appeal Committee.
7.R v. Wales and others (Petitioners)—The petition of Reay James Wales, Barry Quayle and Graham Jack Kenny praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.
8.R v. Taylor and another (Petitioners)—The petition of Anthony Taylor and May Po Lee praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.
9.Matin (Petitioner) v. London Borough of Islington and another (Respondents)—The petition of Abdul Matin praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired 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.

Papers

10.Instrument withdrawn—The following instrument, laid before the House on 15th June, was withdrawn:

Draft Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005.

11.Command Papers—The following papers, having been presented to the House by command of Her Majesty on 24th June, were ordered to lie on the Table:
1.Crime—Agreement between the UK and Ireland concerning Mutual Assistance in relation to Criminal Matters;
 (6601)
2.Service Weapons—Agreement between the UK and France concerning the carrying of Service Weapons by French Officers on the territory of the UK.
 (6604)

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12.Statutory Instruments (Standing Order 71)—The following negative instruments, having been laid before the House on 24th June, were ordered to lie on the Table:
1.Driver and Vehicle Licensing Agency Trading Fund (Variation) Order 2005, laid under the Government Trading Funds Act 1973;
 (1672)
2.List of Wastes (England) (Amendment) Regulations 2005, laid under the European Communities Act 1972.
 (1673)

13. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:

1.Draft Companies (Audit, Investigations and Community Enterprise) (Northern Ireland) Order 2005, laid under the Northern Ireland Act 2000, together with an Explanatory Memorandum;
2.Revised Funding Code prepared by the Legal Services Commission, laid under the Access to Justice Act 1999;
3.Rules of the Supreme Court (Northern Ireland) (Amendment No. 4) 2005, laid under the Prevention of Terrorism Act 2005, together with an Explanatory Memorandum.
14.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i)Traffic Signs (Amendment) Regulations and General Directions 2005—(1670)
(ii)M42 (Junctions 3A to 7) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2005—(1671)
 laid under the Road Traffic Regulation Act 1984;
2.Control of Trade in Endangered Species (Enforcement) (Amendment) Regulations 2005, laid under the European Communities Act 1972;
 (1674)
3.Export Control (Democratic Republic of Congo) Order 2005, laid under the Export Control Act 2002.
 (1677)
15.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report and Accounts for 2003-2004 of the Arts Council of Northern Ireland, laid under the Northern Ireland Act 2000;
2.Report and Accounts for 2004 of the Church Commissioners for England, laid under the Church Commissioners Measure 1947;
3.Accounts for 1st April 2004 to 9th January 2005 of the Dingle Granby Toxteth Education Action Zone, together with the Report of the Comptroller and Auditor General, laid under the School Standards and Framework Act 1998.

Select Committee Report

16.Economic Affairs—The 2nd Report from the Select Committee, The Finance Bill 2005, was made and ordered to be printed, together with the Minutes of Evidence. (HL Paper 13)

Private Business

17.Liverpool City Council (Prohibition of Smoking in Places of Work) Bill [HL]—
18.London Local Authorities (Prohibition of Smoking in Places of Work) Bill [HL]—

The Chairman of Committees acquainted the House that, pursuant to Standing Order 150B (Revival of Bills), the bills had been deposited in the Office of the Clerk of the Parliaments together with the declarations of the agents; the bills were presented and read a first time.

Public Business

19.Commons Bill [HL]—A bill to make provision about common land and town or village greens was presented by the Lord Bach, read a first time and ordered to be printed. (HL Bill 11)
20.Commons Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 11-EN)
21.Harbours Bill [HL]—A bill to amend the procedure for dealing with applications for orders under section 14 or 16 of the Harbours Act 1964 and for making orders under section 15 of that Act; and for connected purposes was presented by the Lord Berkeley, read a first time and ordered to be printed. (HL Bill 12)
22.Fraud Bill [HL]—It was moved by the Lord Bassam of Brighton, on behalf of the Lord Goldsmith, that the bill be committed to a Committee of the Whole House; the motion was agreed to.

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23.Road Safety Bill [HL]—The House resolved itself into a Committee upon the bill; an amendment was moved and (by leave of the Committee) withdrawn; the House was resumed for a statement; the House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed.
24.Sierra Leone—The Lord Freeman asked Her Majesty’s Government what further plans they have to support the political, social and economic development of Sierra Leone; after debate, the question was answered by the Baroness Royall of Blaisdon.
25.Road Safety Bill [HL]—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 12 stood part.

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


APPENDIX 1

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 right trusty and well beloved David William George Chidgey Esquire to the state degree style dignity title and honour of Baron Chidgey of Hamble-le-Rice in Our County of Hampshire

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 Chidgey 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 afternoon of the seventeenth day of June in the fifty-fourth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL


APPENDIX 2

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 right trusty and well beloved Jennifer Louise Tonge to the state degree style dignity title and honour of Baroness Tonge of Kew in Our London Borough of Richmond upon Thames

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 Tonge 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 forenoon of the 23rd day of June in the fifty-fourth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL