House of Lords Journal 239 (Session 2005-06)


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Page 122

2005-06

Volume 239

Monday 4th July 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.
Alderdice, L.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Armstrong of Ilminster, L.
Arran, E.
Ashley of Stoke, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
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.
Birt, L.
Bledisloe, V.
Blood, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Brett, L.
Bridgeman, V.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Buscombe, B.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.
Carnegy of Lour, B.
Carter, L.
Carter of Coles, L.
Chalker of Wallasey, B.
Chandos, V.
Chapman, B.
Chidgey, L.
Chorley, L.
Christopher, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cockfield, L.
Cohen of Pimlico, B.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cuckney, L.
Cumberlege, B.
Currie of Marylebone, L.
Dahrendorf, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Thornton-le-Fylde, B.
Dearing, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon-Smith, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dundee, E.
Dykes, L.
Eccles, V.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Ezra, L.
Falkender, B.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fearn, L.
Ferrers, E.
Filkin, L.
Fitt, L.
Flather, B.
Fookes, B.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Fraser of Carmyllie, L.
Freyberg, L.
Gale, B.
Garden, L.
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.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greaves, L.
Greengross, B.
Greenway, L.
Gregson, L.
Griffiths of Burry Port, L.
Grocott, L.
Hamilton of Epsom, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Hart of Chilton, L.
Haskel, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henley, L.
Higgins, L.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
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.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.

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Hurd of Westwell, L.
Inge, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Joffe, L.
Jones, L.
Jones of Cheltenham, L.
Jopling, L.
Jordan, L.
Judd, L.
Kimball, L.
King of West Bromwich, L.
Kinnock, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Knight of Collingtree, B.
Laird, L.
Laming, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Leicester, Bp.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Lloyd of Berwick, L.
Lockwood, B.
Lucas, L.
Luke, L.
Lyell, L.
Lyell of Markyate, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
McDonagh, B.
McFarlane of Llandaff, B.
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.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Maxton, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Miller of Hendon, B.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Montgomery of Alamein, V.
Montrose, D.
Morgan, L.
Morgan of Huyton, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Manchester, L.
Moser, L.
Mowbray and Stourton, L.
Moynihan, L.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newton of Braintree, L.
Northbrook, L.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
Onslow, E.
Oppenheim-Barnes, B.
Ouseley, L.
Palmer, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Pearson of Rannoch, L.
Peel, E.
Pendry, L.
Peston, L.
Phillips of Sudbury, L.
Pitkeathley, B.
Plant of Highfield, L.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Prashar, B.
Prys-Davies, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Richard, L.
Richardson of Calow, B.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodgers of Quarry Bank, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
St. John of Bletso, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
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.
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.
Southwark, Bp.
Steel of Aikwood, L.
Steinberg, L.
Stern, B.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Stratford, L.
Strathclyde, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Tebbit, L.
Temple-Morris, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tonge, B.
Tope, L.
Tordoff, L.
Trenchard, V.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Vincent of Coleshill, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Invergowrie, L.
Waverley, V.
Weatherill, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Williamson of Horton, L.
Windlesham, L.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Leicester.

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1.Lord Stratford—Anthony Louis Banks Esquire, having been created Baron Stratford, of Stratford in the London Borough of Newham, for life by Letters Patent dated in the afternoon of 23rd June 2005, was introduced between the Lord Hoyle and the Baroness McIntosh of Hudnall, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute (see Appendix 1).
2.Lord Lyell of Markyate—The Right Honourable Sir Nicholas Walter Lyell, Knight, QC, having been created Baron Lyell of Markyate, of Markyate in the County of Hertfordshire, for life by Letters Patent dated in the afternoon of 27th June 2005, was introduced between the Lord Howe of Aberavon and the Lord Mayhew of Twysden, 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).
3.Oath—Timothy John Bishop of Leicester took and subscribed the oath pursuant to statute.

Judicial Business

4.Standard Commercial Property Securities Limited and others (Respondents) v. Glasgow City Council (Appellants) and others (Scotland)—
5.Standard Commercial Property Securities Limited and others (Respondents) v. Glasgow City Council and others (Appellants) (Scotland)—

(Conjoined Appeals)—

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 17th August (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

6.Henderson (Respondent) v. 3052775 Nova Scotia Limited (Appellants) (Scotland)—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 27th July (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 29th June).
7.London Borough of Tower Hamlets (Petitioners) v. Begum (FC) (Respondent)—The respondent’s certificate of public funding was lodged.
8.Appeal Committee—The 16th Report from the Appeal Committee was agreed to and the following Orders were made—

Bhamjee (Petitioner) v. Secretary of State for the Environment, Transport and the Regions and others (Respondents)—That the petition be dismissed as inadmissible.

R (on the application of Bhamjee) (Petitioner) v. Secretary of State for the Environment, Transport and the Regions and others (Respondents)—That the petition be dismissed as inadmissible.

R (on the application of O’Connell) (Petitioner) v. Ipswich Crown Court (Respondents)—That the petition be dismissed as inadmissible.

Her Majesty’s Attorney General (Respondent) v. Mensah (Petitioner)—That the petition be dismissed as inadmissible.

Ayliffe and others (Petitioners) v. Director of Public Prosecutions (Respondent)—That the petition be referred for hearing.

Swain (Petitioner) v. Director of Public Prosecutions (Respondent)—That the petition be referred for hearing.

Papers

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

Shipping—Agreement on Maritime Transport between the European Community and China.

(6621)

10.Statutory Instruments (Standing Order 71)—The following negative instruments, having been laid before the House on 1st July, were ordered to lie on the Table:
1.Medicines (Provision of False or Misleading Information and Miscellaneous Amendments) Regulations 2005, laid under the European Communities Act 1972;
 (1710)
2.Housing Benefit (General) (Amendment) Regulations 2005, laid under the Social Security Contributions and Benefits Act 1992;
 (1719)
3.Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2005, laid under the Health and Safety at Work Act etc. 1974.
 (1732)

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11.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Kent Institute of Art and Design Higher Education Corporation (Dissolution) Order 2005, laid under the Education Reform Act 1988;
 (1708)
2.NHSU Abolition Order 2005, laid under the National Health Service Act 1977;
 (1781)
3.Community Legal Service (Financial) (Amendment No. 3) Regulations 2005, laid under the Access to Justice Act 1999;
 (1793)
4.Court Security Officers (Designation and Employment) Regulations 2005 (Northern Ireland) 2005, laid under the Justice (Northern Ireland) Act 2004.
 (—)
12.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 2004–05 of the Audit Commission, laid under the Audit Commission Act 1998;
2.Accounts for 1st April 2004 to 16th April 2005 of the Derby North East Education Action Zone, together with the Report of the Comptroller and Auditor General, laid under the School Standards and Framework Act 1998;
3.Amendment List 12 to the Fifth Edition of the Queen’s Regulations for the Royal Air Force, laid under the Air Force (Constitution) Act 1917.

Public Business

13.Business of the House—It was moved by the Lord President (Baroness Amos) that leave be given for the fourteen motions set down for today referring orders and regulations to a Grand Committee to be moved en bloc; the motion was agreed to.
14.Army, Air Force and Naval Discipline Acts (Continuation) Order 2005—
15.International Tribunal for the Law of the Sea (Immunities and Privileges) Order 2005—
16.Criminal Procedure and Investigations Act 1996 (Code of Practice) (Northern Ireland) Order 2005—
17.Local Elections (Northern Ireland) (Amendment) Order 2005—
18.Northern Ireland Act 2000 (Modification) (No. 2) Order 2005—
19.Age-Related Payments Regulations 2005—
20.Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005—
21.Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005—
22.Civil Partnership (Amendments to Registration Provisions) Order 2005—
23.Pension Protection Fund (Investigation by PPF Ombudsman of Complaints of Maladministration) Regulations 2005—
24.Pension Protection Fund (PPF Ombudsman) Amendment Order 2005—
25.Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005—
26.Financial Assistance Scheme Regulations 2005—
27.Financial Assistance Scheme (Internal Review) Regulations 2005—

It was moved by the Lord President (Baroness Amos) that the draft Orders and Regulations be referred to a Grand Committee en bloc; the motion was agreed to.

28.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; amendments were agreed to; the House was resumed.
29.Budget (No. 2) (Northern Ireland) Order 2005—The Grand Committee reported that it had considered the draft Order.
30.Companies (Audit, Investigations and Community Enterprise) (Northern Ireland) Order 2005—The Grand Committee reported that it had considered the draft Order.
31.Traffic Management (Northern Ireland) Order 2005—The Grand Committee reported that it had considered the draft Order.
32.Colleges of Education (Northern Ireland) Order 2005—The Grand Committee reported that it had considered the draft Order.

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33.Criminal Justice (Northern Ireland) Order 2005—The Grand Committee reported that it had considered the draft Order.
34.Dental health research—The Baroness Knight of Collingtree asked Her Majesty’s Government what steps they are taking to support research into dental health; after debate, the question was answered by the Lord Warner.

The House was adjourned during pleasure.

The House was resumed.

35.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; the House was resumed after clause 20 stood part.

The House was adjourned at eight 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 Anthony Louis Banks Esquire to the state degree style dignity title and honour of Baron Stratford of Stratford in Our London Borough of Newham

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 Stratford 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 twenty-third 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 Counsellor Sir Nicholas Walter Lyell Knight one of Our Counsel learned in the Law to the state degree style dignity title and honour of Baron Lyell of Markyate of Markyate in Our County of Hertfordshire

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 Lyell of Markyate 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 twenty-seventh day of June in the fifty-fourth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL

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APPENDIX 3

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

The Committee met at half-past three o’clock.

Budget (No. 2) (Northern Ireland) Order 2005—It was moved by the Lord Rooker that the Grand Committee do consider the draft Budget (No. 2) (Northern Ireland) Order 2005; after debate, the motion was agreed to.

Companies (Audit, Investigations and Community Enterprise) (Northern Ireland) Order 2005—It was moved by the Lord Rooker that the Grand Committee do consider the draft Companies (Audit, Investigations and Community Enterprise) (Northern Ireland) Order 2005; after debate, the motion was agreed to.

Traffic Management (Northern Ireland) Order 2005—It was moved by the Lord Rooker that the Grand Committee do consider the draft Traffic Management (Northern Ireland) Order 2005; after debate, the motion was agreed to.

Colleges of Education (Northern Ireland) Order 2005—It was moved by the Lord Rooker that the Grand Committee do consider the draft Colleges of Education (Northern Ireland) Order 2005; after debate, the motion was agreed to.

Criminal Justice (Northern Ireland) Order 2005—It was moved by the Lord Rooker that the Grand Committee do consider the draft Criminal Justice (Northern Ireland) Order 2005; after debate, the motion was agreed to.

The Committee was adjourned at four minutes before seven o’clock.