House of Lords Journal 237 (Session 2003-04)


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Page 563

2003-04

Volume 237      

Wednesday 30th June 2004

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.
Acton, L.
Addington, L.
Ahmed, L.
Alderdice, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Armstrong of Ilminster, L.
Arran, E.
Ashcroft, L.
Ashley of Stoke, L.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barker, B.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Bhatia, L.
Biffen, L.
Blackstone, B.
Blaker, L.
Blatch, B.
Bledisloe, V.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bramall, L.
Brennan, L.
Bridgeman, V.
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.
Byford, B.
Campbell of Alloway, L.
Campbell of Croy, L.
Campbell-Savours, L.
Carter, L.
Chadlington, L.
Chan, L.
Chorley, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cockfield, L.
Cohen of Pimlico, B.
Colwyn, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Courtown, E.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Currie of Marylebone, L.
Dahrendorf, L.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dearing, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
Drayson, L.
Dubs, L.
Elder, L.
Elles, B.
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.
Filkin, L.
Fitt, L.
Flather, B.
Flowers, L.
Fookes, B.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Fyfe of Fairfield, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Gavron, L.
Geddes, L.
Gilbert, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Potternewton, B.
Gray of Contin, L.
Greaves, L.
Greengross, B.
Greenway, L.
Gregson, L.
Grenfell, L.
Griffiths of Fforestfach, 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.
Hayhoe, L.
Hayman, B.
Henig, B.
Henley, L.
Higgins, L.
Hogg, B.
Hogg of Cumbernauld, L.
Holme of Cheltenham, L.
Hooper, B.
Hooson, L.
Howarth of Breckland, B.
Howe, E.
Howe of Idlicote, B.
Howell of Guildford, L.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Inglewood, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jeger, B.
Jellicoe, E.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jopling, L.
Judd, L.
Kalms, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laird, L.
Lamont of Lerwick, L.
Layard, L.
Lea of Crondall, L.
Leicester, Bp.
Lester of Herne Hill, L.

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Lindsay, E.
Lipsey, L.
Listowel, E.
Liverpool, E.
Livsey of Talgarth, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
McColl of Dulwich, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackay of Clashfern, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
MacLaurin of Knebworth, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Millett, L.
Mishcon, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Morris of Aberavon, L.
Moynihan, L.
Murton of Lindisfarne, L.
Naseby, L.
Newby, L.
Newton of Braintree, L.
Nicol, B.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northesk, E.
Northover, B.
O’Cathain, B.
Oppenheim-Barnes, B.
Ouseley, L.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Pearson of Rannoch, L.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plumb, L.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Prashar, B.
Prys-Davies, L.
Quirk, L.
Radice, L.
Rana, L.
Rawlings, B.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Renton, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rochester, Bp.
Rogan, L.
Roll of Ipsden, L.
Rooker, L.
Roper, L.
Russell-Johnston, L.
Sainsbury of Turville, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Sandwich, E.
Sawyer, L.
Seccombe, B.
Selsdon, L.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soulsby of Swaffham Prior, L.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Swinfen, L.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Temple-Morris, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thornton, B.
Tomlinson, L.
Tordoff, 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.
Wade of Chorlton, L.
Wall of New Barnet, B.
Walmsley, B.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Weatherill, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Williams of Elvel, L.
Williamson of Horton, L.
Wilson of Dinton, L.
Windlesham, L.
Woolmer of Leeds, L.

PRAYERS were read by the Lord Bishop of Leicester.

1.Lord Roberts of Llandudno—The Reverend John Roger Roberts, having been created Baron Roberts of Llandudno, of Llandudno in the County of Gwynedd, for life by Letters Patent dated in the forenoon of 15th June 2004 (Appendix 1), was introduced between the Lord Hooson 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.
2.Lord Rana—Diljit Singh Rana Esquire, MBE, having been created Baron Rana, of Malone in the County of Antrim, for life by Letters Patent dated in the afternoon of 16th June 2004 (Appendix 2), was introduced between the Lord Alderdice and the Lord Dholakia, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.
3.Leave of Absence—Leave of absence was granted to the Lord Chancellor for Friday 2nd July.

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Judicial Business

4.In re S (FC) (a child) (Appellant) (England)—The appeal of S was presented and it was ordered, notwithstanding Standing Order VI, that the statement and appendix thereto be lodged on or before 4th October next.
5.BMBF (No.24) Limited (Appellants) v. Her Majesty’s Commissioners of Inland Revenue (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee.
6.Regina v. Parole Board (Respondents) ex parte Smith (FC) (Appellant)—
7.Regina v. Parole Board (Respondents) ex parte West (FC) (Appellant)—

(Conjoined Appeals)—

The appeals were set down for hearing and referred to an Appellate Committee.

8.Regina v. Montila and others (Appellants) (On Appeal from the Court of Appeal (Criminal Division))—The appeal was set down for hearing and referred to an Appellate Committee.
9.Pirelli Cable Holding NV and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (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 4th October next or to the third sitting day after the next ensuing meeting of the House (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

Papers

10.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Immigration—Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organised Crime, together with an Explanatory Memorandum;
 (6257)
2.Treaty Series—First Supplementary List of Ratifications, Accessions, Withdrawals, etc., for 2004;
 (6259)
3.Planning—Statement and Proposal by the Office of the Deputy Prime Minister for The Draft Local Authorities’ Plans and Strategies (Disapplication) Order 2004;
 (—)
11.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Home Loss Payments (Prescribed Amounts) (England) Regulations 2004, laid under the Land Compensation Act 1973;
 (1631)
2.Iraq (United Nations Sanctions) Order 2000 (Amendment) Regulations 2004, laid under the European Communities Act 1972.
 (1660)
12.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Accounts for 2003-04 of the Duchy of Cornwall, laid under the Duchy of Lancaster and Cornwall (Accounts) Act 1838;
2.Report for 2003-04 of the Financial Services Authority, laid under the Financial Services and Markets Act 2000;
3.Report and Accounts for 2003 of the Engineering Construction Industry Training Board, laid under the Industrial Training Act 1982;
4.Report and Accounts for 2003 of the Welsh Fourth Channel Authority (S4C), laid under the Broadcasting Act 1990;
5.Report by the Comptroller and Auditor General for Northern Ireland on Introducing Gas Central Heating in Housing Executive Homes, laid under the Northern Ireland Act 2000.

Select Committee Reports

13.Economic Affairs—The 2nd Report from the Select Committee, Aspects of the Economics of an Ageing Population: the Government’s Response, was made and ordered to be printed. (HL Paper 129)
14.Human Rights—The 14th Report from the Joint Committee on the Asylum and Immigration (Treatment of Claimants, etc.) Bill: New Clauses was made and ordered to be printed. (HL Paper 130)

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Private Business

15.Ipswich Market Bill—The bill was read a third time and passed.

Public Business

16.Business of the House—It was moved by the Lord President (Baroness Amos) that the debate on the motion in the name of the Lord Griffiths of Fforestfach set down for today shall be limited to 2 hours and that in the name of the Lord Jenkin of Roding to 3 hours; the motion was agreed to.
17.Business of the House—It was moved by the Lord President (Baroness Amos) that Standing Order 47 (No two stages of a Bill to be taken on one day) be dispensed with to allow the Consolidated Fund (Appropriation) Bill to be taken through all its remaining stages on Monday 5th July; the motion was agreed to.
18.Civil service (2-hour debate)—It was moved by the Lord Griffiths of Fforestfach that there be laid before the House papers relating to the size of the civil service and the case for an independent service; after debate, the motion was (by leave of the House) withdrawn.
19.Energy supply (3-hour debate)—It was moved by the Lord Jenkin of Roding that there be laid before the House papers relating to the future energy supply of the United Kingdom; after debate, the motion was (by leave of the House) withdrawn.
20.Gangmasters (Licensing) Bill—The House resolved itself into a Committee upon the bill; the House was resumed and the bill was reported without amendment; the report was received.
21.Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2004—It was moved by the Lord McIntosh of Haringey that the draft Order laid before the House on 7th June be approved; after debate, the motion was agreed to.
22.Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2004—It was moved by the Lord McIntosh of Haringey that the draft Order laid before the House on 7th June be approved; the motion was agreed to.

The House was adjourned at seven minutes past nine o’clock
till tomorrow, a quarter before ten o’clock for judicial business,
eleven o’clock for public business.


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 the Reverend John Roger Roberts to the state degree style dignity title and honour of Baron Roberts of Llandudno of Llandudno in Our County of Gwynedd

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 Roberts of Llandudno 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 in the forenoon of the fifteenth day of June in the fifty-third 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 Diljit Singh Rana Esquire Member of Our Most Excellent Order of the British Empire to the state degree style dignity title and honour of Baron Rana of Malone in Our County of Antrim

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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 Rana of Malone 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 in the afternoon of the twenty-ninth day of July in the forty-seventh year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL