JOURNALS HOUSE OF LORDS - United Kingdom Parliament

JOURNALS 

OF THE 

HOUSE OF LORDS 

SESSION 2004-05 

VOLUME 238 

LAID ON THE TABLE BY THE CLERK OF THE PARLIAMENTS 

PRINTED BY ORDER OF THE HOUSE OF LORDS 

BY THE CONTROLLER OF HER MAJESTY’S STATIONERY OFFICE

? Parliamentary Copyright House of Lords 2006 

Applications for reproduction should be made in writing to the Copyright Unit, 

Her Majesty’s Stationery OYce, St Clements House, 2–16 Colegate, Norwich NR3 1BQ 

– Fax 01603 723000

2004 23rd November 

1 

Tuesday 23rd November 2004 

Parliament met at half-past eleven o’clock, pursuant to 

the prorogation of Thursday 18th November. 

THE QUEEN 

The following Lords Spiritual and Temporal were present: 

Falconer of Thoroton, L. 

(Lord Chancellor) 

Addington, L. 

Ahmed, L. 

Alderdice, L. 

Allenby of Megiddo, V. 

Alli, L. 

Alton of Liverpool, L. 

Amos, B. 

Ampthill, L. 

Andrews, B. 

Anelay of St Johns, B. 

Archer of Sandwell, L. 

Arran, E. 

Ashley of Stoke, L. 

Ashton of Upholland, B. 

Astor of Hever, L. 

Attlee, E. 

Avebury, L. 

Bach, L. 

Baldwin of Bewdley, E. 

Barnett, L. 

Bassam of Brighton, L. 

Beaumont of Whitley, L. 

Bhatia, L. 

Bhattacharyya, L. 

BiVen, L. 

Billingham, B. 

Birt, L. 

Bledisloe, V. 

Boothroyd, B. 

Borrie, L. 

Boston of Faversham, L. 

Brabazon of Tara, L. 

Bradshaw, L. 

Brett, L. 

Bridgeman, V. 

Brooke of Alverthorpe, L. 

Brooke of Sutton Mandeville, L. 

Brookeborough, V. 

Brookman, L. 

Brooks of Tremorfa, L. 

Burlison, L. 

Buscombe, B. 

Butler of Brockwell, L. 

Byford, B. 

Caithness, E. 

Campbell of Alloway, L. 

Campbell-Savours, L. 

Carnegy of Lour, B. 

Carter, L. 

Carter of Coles, L. 

Chester, Bp. 

Chorley, L. 

Christopher, L. 

Clark of Windermere, 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. 

Corbett of Castle Vale, L. 

Courtown, E. 

Cox, B. 

Craig of Radley, L. 

Craigavon, V. 

Crathorne, L. 

Crickhowell, L. 

Cuckney, L. 

Dahrendorf, L. 

Darcy de Knayth, B. 

David, B. 

Davies of Coity, L. 

Davies of Oldham, L. 

Dean of Thornton-le-Fylde, B. 

Denham, L. 

Derby, Bp. 

Desai, L. 

Dholakia, L. 

Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dykes, L. 

Eccles of Moulton, B. 

Elder, L. 

Elles, B. 

Elliott of Morpeth, L. 

Elton, L. 

Erroll, E. 

Evans of Parkside, L. 

Evans of Temple Guiting, L. 

Ezra, L. 

Falkner of Margravine, B. 

Farrington of Ribbleton, B. 

Faulkner of Worcester, L. 

Ferrers, E. 

Fitt, L. 

Flather, B. 

Forsyth of Drumlean, L. 

Fowler, L. 

Freyberg, L. 

Fyfe of Fairfield, L. 

Gale, B. 

Garden, L. 

Gardner of Parkes, B. 

Gibson of Market Rasen, B. 

Giddens, L. 

Gilmour of Craigmillar, L. 

Glenarthur, L. 

Glentoran, L. 

Golding, B. 

Goodhart, L. 

Goschen, V. 

Goudie, B. 

Gould of Potternewton, B. 

Graham of Edmonton, L. 

Greengross, B. 

Greenway, L. 

Gregson, L. 

GriYths of Burry Port, L. 

Grocott, L. 

Hanham, B. 

Hanningfield, L. 

Harris of Richmond, B. 

Harrison, L. 

Hart of Chilton, L. 

Haskel, L. 

Haworth, L. 

Hayman, B. 

Healey, L. 

Henley, L. 

Hilton of Eggardon, B. 

Hogg of Cumbernauld, L. 

Hooper, B. 

Hooson, L. 

Hope of Craighead, 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. 

Hurd of Westwell, L. 

Hylton, L. 

Inglewood, L. 

Irvine of Lairg, L. 

Janner of Braunstone, L. 

Jones, L. 

Jopling, L. 

Judd, L. 

Kilclooney, L. 

Kimball, L. 

King of West Bromwich, L. 

Kingsland, L. 

Kirkham, L. 

Laidlaw, L. 

Laird, L. 

Laming, L. 

Lea of Crondall, L. 

Leitch, L. 

Lindsay, E. 

Linklater of Butterstone, B. 

Listowel, E. 

Liverpool, E. 

Livsey of Talgarth, L. 

Lloyd of Berwick, L. 

Lockwood, B. 

Lofthouse of Pontefract, L. 

Lucas, L. 

Luke, L. 

Lyell, L. 

McCluskey, L. 

McColl of Dulwich, L. 

Macdonald of Tradeston, L. 

McIntosh of Haringey, L. 

McIntosh of Hudnall, B.

2 23rd November 

2004 

Mackay of Clashfern, L. 

Mackay of Drumadoon, L. 

MacKenzie of Culkein, L. 

Mackenzie of Framwellgate, L. 

McKenzie of Luton, L. 

Mackie of Benshie, L. 

Maclennan of Rogart, L. 

McNally, L. 

Maddock, B. 

Mancroft, L. 

Mar, C. 

Marlesford, L. 

Mason of Barnsley, L. 

Massey of Darwen, B. 

Mayhew of Twysden, L. 

Merlyn-Rees, L. 

Methuen, L. 

Miller of Chilthorne Domer, B. 

Miller of Hendon, B. 

Mishcon, L. 

Molyneaux of Killead, L. 

Monro of Langholm, L. 

Monson, L. 

Montagu of Beaulieu, L. 

Montrose, D. 

Moore of Wolvercote, L. 

Morgan of Drefelin, B. 

Morris of Aberavon, L. 

Morris of Manchester, L. 

Moser, L. 

Mowbray and Stourton, L. 

Moynihan, L. 

Murton of Lindisfarne, L. 

Newby, L. 

Noakes, B. 

Northbourne, L. 

Northesk, E. 

Northover, B. 

Norton of Louth, L. 

O’Cathain, B. 

Onslow, E. 

Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 

Park of Monmouth, B. 

Patel of Blackburn, L. 

Patten, L. 

Paul, L. 

Perry of Southwark, B. 

Peston, L. 

Plant of Highfield, L. 

Plumb, L. 

Prashar, B. 

Prosser, B. 

Quirk, L. 

Ramsay of Cartvale, B. 

Rana, L. 

Randall of St. Budeaux, L. 

Rawlings, B. 

Razzall, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 

Renton, L. 

Richard, L. 

Roberts of Conwy, L. 

Roberts of Llandudno, L. 

Rodgers of Quarry Bank, L. 

Rogan, L. 

Roll of Ipsden, L. 

Roper, L. 

Rosser, L. 

Rowlands, L. 

Royall of Blaisdon, B. 

Saatchi, L. 

St. John of Bletso, L. 

St John of Fawsley, L. 

Saltoun of Abernethy, Ly. 

Sandberg, L. 

Sanderson of Bowden, L. 

Sandwich, E. 

Sawyer, L. 

Scotland of Asthal, B. 

Scott of Needham Market, B. 

Seccombe, B. 

Selsdon, L. 

Sewel, L. 

Sharples, B. 

Shaw of Northstead, L. 

Sheldon, L. 

Shrewsbury, E. 

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 SwaVham Prior, L. 

Stern, B. 

Stone of Blackheath, L. 

Strabolgi, L. 

Strange, B. 

Strathclyde, L. 

Swinfen, L. 

Symons of Vernham Dean, B. 

Taylor of Blackburn, L. 

Temple-Morris, L. 

Thomas of Walliswood, B. 

Thornton, B. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 

Trumpington, B. 

Truscott, L. 

TunnicliVe, L. 

Turnberg, L. 

Turner of Camden, B. 

Uddin, B. 

Waddington, L. 

Wakeham, L. 

Wallace of Saltaire, L. 

Walmsley, B. 

Walton of Detchant, L. 

Warner, L. 

Warwick of UndercliVe, B. 

Watson of Invergowrie, L. 

Weatherill, L. 

Whitaker, B. 

Wilcox, B. 

Wilkins, B. 

Williams of Elvel, L. 

Williamson of Horton, L. 

Windlesham, L. 

Wright of Richmond, L. 

Young of Norwood Green, L. 

1. Queen’s Speech—The Queen being seated on the Throne, and the Commons being at the Bar with 

their Speaker, Her Majesty was pleased to make a Most Gracious Speech to both Houses of 

Parliament, and then retired. 

The House was adjourned during pleasure. 

The House was resumed at half-past three o’clock. 

PRAYERS were read by the Lord Bishop of Oxford. 

2. Members of the House—It was ordered that a list of members of the House, prepared by the Clerk 

of the Parliaments, be printed. (HL Paper 1) 

3. Select Vestries Bill—The Bill was presented by the Lord President (Baroness Amos) and read a first 

time pro forma. 

4. Queen’s Speech—The Queen’s Speech was reported by the Lord Chancellor; then it was moved by 

the Baroness Lockwood that an Humble Address be presented to Her Majesty as follows— 

Most Gracious Sovereign, 

We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in 

Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech 

which Your Majesty has addressed to both Houses of Parliament. 

After the motion had been seconded by the Baroness Billingham, the debate thereupon was 

adjourned till tomorrow.

2004 23rd-24th November 

3 

5. Chairman of Committees—The Lord Brabazon of Tara was appointed nemine dissentiente to take 

the Chair in all Committees for this Session. 

6. Principal Deputy Chairman of Committees—The Lord Grenfell was appointed Principal Deputy 

Chairman of Committees for this Session nemine dissentiente. 

7. Stoppages in the Streets—It was ordered that the Commissioner of Police of the Metropolis do take 

care that the passages through the streets leading to this House be kept free and open and that 

no obstruction be permitted to hinder the passage of Lords to and from this House during the 

sitting of Parliament or to hinder Lords in the pursuit of their Parliamentary duties on the 

Parliamentary estate; and that the Gentleman Usher of the Black Rod attending this House 

do communicate this Order to the Commissioner. 

8. Hereditary peers: by-elections—The Clerk of the Parliaments laid on the Table pursuant to 

Standing Order 10(5) a register of hereditary peers (other than peers of Ireland) who wish to 

stand in any by-election for membership of the House held in accordance with section 2(4) of 

the House of Lords Act 1999; it was ordered that the register be printed. (HL Paper 2) 

Judicial Business 

9. Appeal Committees—Two Appeal Committees were appointed pursuant to Standing Order. 

10. Appellate Committees—Two Appellate Committees were appointed pursuant to Standing Order. 

Papers 

11. 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. Commercial Debts—Exchange of Notes between the United Kingdom and the 

Democratic Republic of Congo concerning Certain Commercial Debts; (22nd 

November) (6400) 

2. Environment—Rotterdam Convention on the Prior Informed Consent Procedure for 

Certain Hazardous Chemicals and Pesticides in International Trade; (23rd November) 

(6390) 

3. Foreign AVairs—Government Response to the Eighth Report of the House of Commons 

Foreign AVairs Committee on the Annual Report of the Foreign and Commonwealth 

OYce; (23rd November) (6415) 

4. Foreign AVairs—Departmental Minute from the Foreign and Commonwealth OYce 

regarding the gifting of VIP-related equipment to Pakistan. (23rd November) (—) 

12. Negative Instrument—The following instrument was laid before the House and ordered to lie on 

the Table: 

Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) 

Amendment Regulations 2004, laid under the Pensions Act 1995. (3031) 

13. Paper not subject to parliamentary proceedings—The following paper was laid before the House 

and ordered to lie on the Table: 

Amendment List 14 to Air Publication 1269—The Royal Air Force Manual of Medical 

Management and Administration, laid under the Air Force (Constitution) Act 1917. 

The House was adjourned at twenty-five minutes before five o’clock 

till tomorrow, half-past two o’clock. 

Wednesday 24th November 2004 

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


Addington, L. 

Ahmed, L. 

Alderdice, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 





Ashcroft, L. 




Attlee, E. 

Avebury, L. 

Bach, L. 

Bagri, L. 

Barker, B. 

Barnett, L. 


Berkeley, L.

4 24th November 

2004 

Best, L. 

Bhatia, L. 


BiVen, L. 


Birt, L. 

Blackwell, L. 

Bledisloe, V. 

Blood, B. 

Bonham-Carter of Yarnbury, B. 

Boothroyd, B. 

Borrie, L. 


Bowness, L. 

Boyce, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 



Brookman, L. 


Brougham and Vaux, L. 

Burlison, L. 

Burnham, L. 

Buscombe, B. 

Byford, B. 



Carey of Clifton, L. 


Carrington, L. 

Carter, L. 


Chalker of Wallasey, B. 






Cobbold, L. 

Cockfield, L. 


Colville of Culross, V. 

Colwyn, L. 

Condon, L. 



Courtown, E. 

Cox, B. 


Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Cullen of Whitekirk, L. 

Cumberlege, B. 

Currie of Marylebone, L. 


David, B. 



Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon-Smith, L. 

Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dykes, L. 

Eatwell, L. 

Eden of Winton, L. 

Elder, L. 

Elles, B. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 



Feldman, L. 

Ferrers, E. 

Finlay of LlandaV, B. 

Fitt, L. 

Flather, B. 


Fowler, L. 

Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 


Geddes, L. 


Giddens, L. 

Gilbert, L. 


Glentoran, L. 

Golding, B. 

Goodhart, L. 

Goschen, V. 

Goudie, B. 

Gould of Brookwood, L. 




Greenway, L. 

Gregson, L. 

Grenfell, L. 

GriYths, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 

Hannay of Chiswick, L. 


Harris of Haringey, L. 

Harrison, L. 


Haskel, L. 

Hattersley, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 

Henley, L. 


Hodgson of Astley Abbotts, L. 

HoVmann, L. 


Hollis of Heigham, B. 

Hooper, B. 

Hooson, L. 

Howard of Rising, L. 

Howe, E. 






Hoyle, L. 






Hylton, L. 

Inge, L. 

Inglewood, L. 


Jacobs, L. 


Jenkin of Roding, L. 

JoVe, L. 

Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 

Kalms, L. 


Kimball, L. 


Kingsland, L. 

Laird, L. 

Lamont of Lerwick, L. 

Layard, L. 


Leitch, L. 

Lester of Herne Hill, L. 

Lewis of Newnham, L. 


Lipsey, L. 

Listowel, E. 

Liverpool, E. 



Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 

McAlpine of West Green, L. 

McCluskey, L. 


McDonagh, B. 



McIntosh of Hudnall, B. 






MacLaurin of Knebworth, L. 


McNally, L. 

Maddock, B. 

Mallalieu, B.


5 

Mancroft, L. 

Mar, C. 

Mar and Kellie, E. 


Marsh, L. 



Maxton, L. 

May of Oxford, L. 




Mishcon, L. 

Mitchell, L. 



Monson, L. 


Montrose, D. 


Moran, L. 



Moser, L. 


Moynihan, L. 

Murphy, B. 


Neuberger, B. 

Newby, L. 

Newcastle, Bp. 

Newton of Braintree, L. 

Nicholson of Winterbourne, B. 

Noakes, B. 


Northbrook, L. 

Northesk, E. 

Northover, B. 



Oliver of Aylmerton, L. 

Onslow, E. 

Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 


Parkinson, L. 

Patel, L. 


Patten, L. 

Paul, L. 

Peel, E. 


Peston, L. 

Peterborough, Bp. 

Peyton of Yeovil, L. 

Phillips of Sudbury, L. 

Pitkeathley, B. 


Plumb, L. 

Ponsonby of Shulbrede, L. 

Portsmouth, Bp. 

Powell of Bayswater, L. 

Prashar, B. 

Prosser, B. 

Prys-Davies, L. 

Puttnam, L. 

Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 

Renfrew of Kaimsthorn, L. 

Rennard, L. 

Renton, L. 

Richard, L. 

Rix, L. 



Robertson of Port Ellen, L. 


Rogan, L. 


Roper, L. 

Rosser, L. 

Rosslyn, E. 

Rowlands, L. 


Ryder of Wensum, L. 



Sandberg, L. 


Sandwich, E. 

Sawyer, L. 


Seccombe, B. 

Selsdon, L. 

Sewel, L. 

Sharples, B. 


Sheldon, L. 



Simon, V. 



Skidelsky, L. 

Slim, V. 





Southwell, Bp. 

Steinberg, L. 

Stern, B. 

Stewartby, L. 


Strabolgi, L. 

Strange, B. 


Sutherland of Houndwood, L. 

Swinfen, L. 


Tanlaw, L. 

Taverne, L. 


Taylor of Warwick, L. 


Thatcher, B. 

Thomas of Gresford, L. 


Thomson of Monifieth, L. 

Thornton, B. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 



Uddin, B. 

Ullswater, V. 

Vincent of Coleshill, L. 


Wade of Chorlton, L. 

Wakeham, L. 

Wall of New Barnet, B. 


Walmsley, B. 


Warnock, B. 


Watson of Richmond, L. 


Whitaker, B. 

Wilcox, B. 

Wilkins, B. 

Williams of Crosby, B. 



Willoughby de Broke, L. 

Winchester, Bp. 


Woolmer of Leeds, L. 





1. McFarlane (Appellant) v. McFarlane (Respondent) (England)— The appeal of Julia Helena 

Chocholowska McFarlane was presented and it was ordered that in accordance with Standing 

Order VI the statement and appendix thereto be lodged on or before 5th January (lodged 22nd 

November).


2004 

2. Matthews and others (Appellants) v. Kent and Medway Towns Fire Authority and others 

(Respondents) (England)— The appeal of Barry George GriYn, Glenville Stephen Varrall, 

Leslie Chappell, Christopher Foster, Darren Lee Rosewell, Gary Richard Willis, Martin Lee 

Kerby, Peter Normal Welsh, Ralph Webb, Gary Foster, Gene Aron Mason and Colin 

Frederick Elliott was presented and it was ordered that in accordance with Standing Order VI 

the statement and appendix thereto be lodged on or before 5th January (lodged 23rd 

November). 

3. Smith (Petitioner) v. Secretary of State for Work and Pensions and another (Respondents)— The 

petition of Helen Smith 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 18th November). 

4. Regina v. Secretary of State for Work and Pensions (Appellant) ex parte Hooper and others (FC) 

(Respondents)— 

5. Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Hooper (Appellant) and 

others— 

6. Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Hooper and others (FC) 

(Appellants)— 

(Conjoined Appeals)— 

The appeals were set down for hearing and referred to an Appellate Committee (lodged 22nd 

November). 

7. Harper (Appellant) v. Virgin Net Limited (Respondents)— The appeal was set down for hearing 

and referred to an Appellate Committee (lodged 19th November). 

8. Haward and others (Respondents) v. Fawcetts (a firm) (Appellants) and others—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 December (the agents for the respondents 

consenting thereto) was presented; and it was ordered as prayed (lodged 22nd November). 

9. Regina v. Secretary of State for the Home Department (Respondent) ex parte Bagdanavicius (FC) 

and another (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 3rd 

January 2005 or to the third sitting day after the next ensuing meeting of the House (the agents 

for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 

22nd November). 

10. Szoma (FC) (Appellant) v. Secretary of State for the Department of Work and Pensions 

(Respondent)— The petition of the appellant praying that the time for lodging the statement 

and appendix and setting down the cause for hearing might be extended to 5th January 2005 

or to the third sitting day after the next ensuing meeting of the House (the agents for the 

respondent consenting thereto) was presented; and it was ordered as prayed. 

11. In re D (a child appearing by her guardian ad litem) (Respondent) (FC)— The petition of the 

appellant praying that the time for lodging the statement and appendix and setting down the 

cause for hearing might be extended to 6th January 2005 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. The appellant’s certificate of public funding was 

lodged. 

12. Brown (Appellant) v. Scottish Ministers (Respondents) (Scotland)— The petition of the appellant 

praying that the time for lodging the statement and appendix and setting down the cause for 

hearing might be extended to 4th January 2005 (the agents for the respondents consenting 

thereto) was presented; and it was ordered as prayed (lodged 22nd November). 

13. In re Sinn Fein (Appellants) (Northern Ireland)— 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 3rd January 2005 or to the third sitting day after the next ensuing meeting of the 

House (the agents for the respondent consenting thereto) was presented; and it was ordered 

as prayed (lodged 22nd November). 

14. Gardner (Appellant) v. Parker (Respondent)— The petition of the appellant was presented praying 

that the appeal be withdrawn on the terms agreed between the parties (the agents for the 

respondent consenting thereto); and it was ordered as prayed. 

15. Appeal Committee—The following Orders were made pursuant to the 111th Report, Session 

2003–04— 

R (on the application of Jones and others) (Respondents) v. Ceredigion County Council 

(Petitioners)— That leave to appeal be given on issue 2 only and on terms that the petitioners 

do pay the respondents’ costs before this House in any event; and that the petition of appeal 

be lodged by 8th December. 

In re Wellington (Petitioner) (application for a writ of Habeas Corpus)— That leave to appeal 

be refused.


7 

16. Appeal Committee—The First Report from the Appeal Committee was agreed to and the 

following Orders were made— 

National Car Parks Limited (Petitioners) v. Baird and another (Valuation OYcers) 

(Respondents)— 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. 

R (on the application of Tromans and another) (Respondents) v. Cannock Chase District 

Council (Petitioners)— That the respondents be invited to lodge objections by 8th December. 

College of Estate Management (Respondents) v. Her Majesty’s Commissioners of Customs 

and Excise (Petitioners)— That leave to appeal be given; and that the petition of appeal be 

lodged by 8th December. 

17. Appeal Committee—The 2nd Report from the Appeal Committee was agreed to and the following 

Orders were made— 

WISE (Underwriting Agency) Limited (Petitioners) and others v. Grupo Nacional Provincial 

SA (Respondents)— 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. 

Unipart Group Limited (Petitioners) v. O2 (UK) Limited (formerly BT Cellnet Limited) and 

others (Respondents)— That leave to appeal be refused; that the respondents be at liberty to 



parties. 

West Bromwich Building Society (Petitioners) v. Wilkinson and another (Respondents)— 

That leave to appeal be given on terms that the petitioners do pay the costs of the appeal and 

do not seek to disturb the orders for costs below; and that the petition of appeal be lodged by 

8th December next. 

Papers 

18. Command Papers—The following papers were presented to the House by command of Her 

Majesty and ordered to lie on the Table: 

1. Criminal Defence Service Bill, Draft—Government Response to the Report of the House 

of Commons Select Committee on Constitutional AVairs on the Draft Criminal Defence 

Service Bill; (6410) 

2. Contingent Liabilities—Notification from the Department for Culture, Media and Sport 

on contingent liabilities with regard to the National Museums Liverpool; (—) 

3. Works of Art—Report of the Spoliation Advisory Panel in respect of a painting now in 

the possession of Glasgow City Council; (—) 

4. Housing—Departmental Minute from the Ministry of Defence concerning the gifting of 

a non-core MOD site in Aldershot to the English Churches Housing Group. (—) 

19. AYrmative Instruments—The following instruments were laid before the House for approval by 

resolution and ordered to lie on the Table: 

1. Draft International Criminal Court (Immunities and Privileges) Order 2004, laid under 

the International Criminal Court Act 2001, together with an Explanatory Memorandum; 

2. (i) Draft European Communities (Definition of Treaties) (European Police OYce) 

Order 2004, together with an Explanatory Memorandum— 

(ii) Draft European Communities (Immunities and Privileges of the European Police 

OYce) (Amendment) Order 2004, together with an Explanatory Memorandum— 

laid under the European Communities Act 1972; 

3. Draft European Police College (Immunities and Privileges) Order 2004, laid under the 

International Organisations Act 1968, together with an Explanatory Memorandum; 

4. Draft Information and Consultation of Employees Regulations 2004, laid under the 

Employment Relations Act 2004, together with an Explanatory Memorandum; 

5. Draft Agriculture (Northern Ireland) Order 2004, laid under the Northern Ireland Act 

2000, together with an Explanatory Memorandum. 

20. Negative Instruments—The following instruments were laid before the House and ordered to lie 

on the Table: 

1. Medicines (Products for Animal Use—Fees) (Amendment) Regulations 2004, laid under 

the Medicines Act 1971; (3081)


2004 

2. (i) International Criminal Tribunal for the Former Yugoslavia (Freezing of Funds and 

Economic Resources and Indictees) (Amendment) Regulations 2004— (3099) 

(ii) Burma (Prohibition on Financing) Regulations 2004— (3100) 

laid under the European Communities Act 1972. 

21. Papers not subject to parliamentary proceedings—The following papers were laid before the House 


1. National Policing Plan 2005–08—Safer, Stronger Communities, laid under the Police 

Reform Act 2002; 

2. Report and Accounts for 2003–04 of the Arts Council of England, laid under the National 

Lottery etc. Act 1993. 

22. Instrument coming into operation before being laid—The Lord Chancellor acquainted the House 

that he had received, under the proviso to section 4(1) of the Statutory Instruments Act 1946, 

notification that the following instrument had come into operation before being laid before 

Parliament, with an explanation thereof; the notification and explanation were ordered to lie 

on the Table: 

Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2004. 

Public Business 

23. Constitutional Reform Bill [hl]—A bill to make provision for modifying the oYce of Lord 

Chancellor, and to make provision relating to the functions of that oYce; to establish a 

Supreme Court of the United Kingdom, and to abolish the appellate jurisdiction of the House 

of Lords; to make provision about the jurisdiction of the Judicial Committee of the Privy 

Council and the judicial functions of the President of the Council; to make other provision 

about the judiciary, their appointment and discipline; and for connected purposes was 

presented by the Lord Falconer of Thoroton, read a first time and ordered to be printed. (HL 

Bill 1) 

24. International Organisations Bill [hl]—A bill to make provision about privileges, immunities and 

facilities in connection with certain international organisations was presented by the Baroness 

Symons of Vernham Dean, read a first time and ordered to be printed. (HL Bill 2) 

25. International Organisations Bill [hl]—It was ordered that the Explanatory Notes relating to the 

bill be printed. (HL Bill 2-EN) 

26. Public Services Ombudsman (Wales) Bill [hl]—A bill to establish and make provision about the 

oYce of Public Services Ombudsman for Wales; to make provision about the functions of the 

Public Services Ombudsman for Wales; to make provision about compensation; to abolish the 

Commission for Local Administration in Wales and the oYces of Welsh Administration 

Ombudsman, Health Service Commissioner for Wales and Social Housing Ombudsman for 

Wales; and for connected purposes was presented by the Lord Evans of Temple Guiting, read 

a first time and ordered to be printed. (HL Bill 3) 

27. Public Services Ombudsman (Wales) Bill [hl]—It was ordered that the Explanatory Notes relating 

to the bill be printed. (HL Bill 3-EN) 

28. Assisted Dying for the Terminally Ill Bill [hl]—A bill to enable a competent adult who is suVering 

unbearably as a result of a terminal illness to receive medical assistance to die at his own 

considered and persistent request; and to make provision for a person suVering from a 

terminal illness to receive pain relief medication was presented by the Lord JoVe, read a first 

time and ordered to be printed. (HL Bill 4) 

29. Parliamentary Commissioner (Amendment) Bill [hl]—A bill to amend the Parliamentary 

Commissioner Act 1967 so as to enable the Parliamentary Commissioner for Administration 

to investigate complaints received directly from members of the public was presented by the 

Lord Lester of Herne Hill, read a first time and ordered to be printed. (HL Bill 5) 

30. Committee of Selection—It was moved by the Chairman of Committees that in accordance with 

Standing Order 64 a Committee of Selection be appointed to select and propose to the House 

the names of the Lords to form each select committee of the House (except the Committee of 

Selection itself and any committee otherwise provided for by statute or by order of the House) 

or any other body not being a select committee referred to it by the Chairman of Committees, 

and the panel of Deputy Chairmen of Committees; and that the following Lords together with 

the Chairman of Committees be named of the Committee— 

B. Amos (Lord President) B. Massey of Darwen 

L. Brooke of Sutton Mandeville L. Roper 

L. Cope of Berkeley L. Strathclyde 

L. Grocott V. Tenby 

L. McNally L. Williamson of Horton; 

the motion was agreed to.

2004 24th-25th November 

9 

31. Business of the House—It was moved by the Lord President (Baroness Amos), pursuant to the 

resolution of the House of 22nd March 2004, that, in the event of a Constitutional Reform 

Bill having being read a first time in the same form as that reported from the Committee of 

the Whole House in the last session of Parliament, Standing Order 47 (No two stages of a Bill 

to be taken on one day) be dispensed with to enable the bill to be taken pro forma through all 

the stages which the bill completed in the last session of Parliament; the motion was agreed to. 

32. Constitutional Reform Bill [hl]—The Queen’s consent was signified; then it was moved by the 

Lord Falconer of Thoroton that the bill be now read a second time and that the bill be 

committed to and reported from a Select Committee and a Committee of the Whole House 

pro forma; the motion was agreed to. 

33. Queen’s Speech—The debate on the motion that an Humble Address be presented to Her Majesty 

was resumed and, after further debate, was again adjourned till tomorrow. 

The House was adjourned at nine minutes past eleven o’clock 

till tomorrow, a quarter before ten o’clock for judicial business, 

eleven o’clock for public business. 

Thursday 25th November 2004 

The House met at a quarter before ten o’clock. 


Addington, L. 

Ahmed, L. 

Alderdice, L. 

Allen of Abbeydale, L. 



Amos, B. 

Ampthill, L. 




Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 

Baker of Dorking, L. 

Barnett, L. 



Berkeley, L. 


BiVen, L. 


Blackwell, L. 

Blaker, L. 

Blood, B. 


Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brett, L. 

Bridgeman, V. 

Broers, L. 



Brookman, L. 



Burlison, L. 

Burnham, L. 

Buscombe, B. 

Byford, B. 




Carlile of Berriew, L. 


Carter, L. 






Cobbold, L. 

Cockfield, L. 


Colwyn, L. 

Condon, L. 



Courtown, E. 

Cox, B. 


Craigavon, V. 

Crathorne, L. 

Crawley, B. 





David, B. 




Dearing, L. 

Denham, L. 

Desai, L. 

Dixon, L. 


Donoughue, L. 

Drayson, L. 

Dubs, L. 

Durham, Bp. 

Dykes, L. 

Eatwell, L. 



Elder, L. 

Elles, B. 


Elton, L. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Feldman, L. 

Ferrers, E. 

Fitt, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 


Gavron, L. 

Geddes, L. 


Giddens, L. 

Gilbert, L. 


Glentoran, L. 

Golding, B. 

Goodhart, L. 

Goschen, V. 




Greenway, L. 

Grenfell, L. 

Grocott, L. 

Hamwee, B. 

Hanham, B.


2004 



Harrison, L. 


Haskel, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 





Hooper, B. 

Hooson, L. 


Howarth of Breckland, B. 

Howe, E. 




Hoyle, L. 






Hylton, L. 

Inge, L. 


Jacobs, L. 


Jellicoe, E. 

JoVe, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 


Kimball, L. 

King of Bridgwater, L. 


Kingsland, L. 

Laird, L. 

Laming, L. 


Lane of Horsell, L. 


Leitch, L. 

Lipsey, L. 

Listowel, E. 



Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 


McCluskey, L. 



MacGregor of Pulham Market, L. 









McNally, L. 

Maddock, B. 

Mancroft, L. 

Mar, C. 



Marsh, L. 


Maxton, L. 






Monson, L. 


Morgan, L. 





Moynihan, L. 

Murphy, B. 


Neuberger, B. 

Newby, L. 



Noakes, B. 


Northesk, E. 

Northfield, L. 

Northover, B. 


Oakeshott of Seagrove Bay, L. 


O’Neill of Bengarve, B. 

Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 



Paul, L. 


Peston, L. 






Prashar, B. 


Quirk, L. 



Rawlings, B. 

Rea, L. 

Redesdale, L. 

Rees-Mogg, L. 

Rennard, L. 

Renton, L. 

Richard, L. 





Roper, L. 

Rosser, L. 

Rosslyn, E. 




Sandberg, L. 


Sandwich, E. 

Sawyer, L. 


Seccombe, B. 

Selborne, E. 

Selkirk of Douglas, L. 

Selsdon, L. 

Sewel, L. 

Sharp of Guildford, B. 

Sharples, B. 


Sheldon, L. 

Sheppard of Didgemere, L. 


Simon, V. 



Skidelsky, L. 

Slim, V. 




Southwark, Bp. 


Steinberg, L. 

Stern, B. 

Stewartby, L. 


Strabolgi, L. 

Strange, B. 



Swinfen, L. 


Tanlaw, L. 

Taverne, L. 




Tenby, V. 

Thatcher, B. 


Thomas of Swynnerton, L. 



Thornton, B. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 



Wade of Chorlton, L.


11 

Wakeham, L. 

Walker of Worcester, L. 



Walmsley, B. 


Warnock, B. 



Whitaker, B. 

Wilcox, B. 

Wilkins, B. 



Wilson of Dinton, L. 




Young of Hornsey, B. 




1. Jindal Iron and Steel Co Limited and others (Appellants) and others v. Islamic Solidarity Shipping 

Company Jordan Inc (Respondents)— It was moved by the Lord Bingham of Cornhill, That 

the 1st 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 13th February 2003 be aYrmed 

and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the 

Parliaments if not agreed between the parties. [2004] UKHL 49 

2. Regina v. Montila and others (Appellants) (On Appeal from the Court of Appeal (Criminal 

Division))— The 2nd Report from the Appellate Committee was made and ordered to be 

printed (HL Paper 3). It was moved by the Lord Bingham of Cornhill, That the Report be 

agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed; 

that the Order of the Court of Appeal Criminal Division of 8th September 2003 be set aside 

and the ruling of His Honour Judge Van Der Bijl in the Crown Court at Maidstone of 19th 

December 2002 restored; that the question certified by the Court of Appeal on 3rd November 

2003 be answered in the aYrmative; and that, in accordance with the Representation Order 

granted by the Court of Appeal Criminal Division on 3rd November 2003, the costs of the 

appellants in this House be paid by the Legal Services Commission in accordance with the 

Access to Justice Act 1999 and the Criminal Defence Service (General) Regulations 2001, the 

amount of such costs to be certified by the Clerk of the Parliaments. [2004] UKHL 50 

3. Barclays Mercantile Business Finance Limited (Respondents) v. Mawson (Her Majesty’s Inspector 

of Taxes) (Appellant)— The 3rd Report from the Appellate Committee was made and ordered 

to be printed (HL Paper 4). It was moved by the Lord Nicholls of Birkenhead, That the Report 

be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the 

Court of Appeal of 13th December 2002 be aYrmed and the appeal dismissed with costs, the 

amount thereof to be certified by the Clerk of the Parliaments if not agreed between the 

parties. [2004] UKHL 51 

4. Her Majesty’s Commissioners of Inland Revenue (Appellants) v. Scottish Provident Institution 

(Respondents) (Scotland)— The 4th Report from the Appellate Committee was made and 

ordered to be printed (HL Paper 5). It was moved by the Lord Nicholls of Birkenhead, That 

the Report be agreed to; the motion was agreed to. It was ordered and adjudged that the 

Interlocutors of the Inner House of the Court of Session as the Court of Exchequer in Scotland 

of 3rd July 2003 and 26th September 2003 be recalled; that the cause be remitted back to the 

Special Commissioners to proceed in accordance with the Report of the Appellate Committee; 

and that the respondents do pay to the appellants their expenses in the Court of Session and 

their costs in this House, the amount of such costs to be certified by the Clerk of the 

Parliaments if not agreed between the parties. [2004] UKHL 52 

5. Beynon and Partners (Respondents) v. Her Majesty’s Commissioners of Customs and Excise 

(Appellants)— It was moved by the Lord Nicholls of Birkenhead, That the 5th 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 2002 be set aside save for its order 

for costs in the Court of Appeal and below; that the Order of Mr Justice Lawrence Collins in 

the High Court (Chancery Division) of 27th March 2002 (as amended by the Order of 23rd 

July 2002) and the decision of Manchester VAT Tribunal of 5th June 2001 be restored save 

as to costs; and that there be no order for costs in this House. [2004] UKHL 53 

6. R (on the application of PD) (Petitioner) v. West Midlands & North West Mental Health Review 

Tribunal (Respondents)— The petition of PD 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. 


The House was resumed.


2004 

Papers 

7. Paper withdrawn—The following paper, laid before the House on 16th November, was withdrawn: 

Report for 2003 of the Registrar General Northern Ireland. 



1. Petroleum—Exchange of Notes between the United Kingdom and Norway concerning 

the Playfair and Boa Petroleum Fields; (6412) 

2. Health—Report and Accounts for 2003–04 of the Human Fertilisation and Embryology 

Authority, together with a Supplementary Statement by the Comptroller and Auditor 

General. (—) 

9. AYrmative Instrument—The following instrument was laid before the House for approval by 


Draft Financial Provisions (Northern Ireland) Order 2004, laid under the Northern Ireland 

Act 2000, together with an Explanatory Memorandum. 


on the Table: 

1. European Communities (Designation) (No. 6) Order 2004, laid under the European 

Communities Act 1972; (3037) 

2. Education (School Organisation Proposals) (Miscellaneous Amendments) (England) 

Regulations 2004, laid under the School Standards and Framework Act 1998; (3052) 

3. Local Authorities (Capital Finance and Accounting) (Amendment) (England) (No. 2) 

Regulations 2004, laid under the Local Government Act 2003; (3055) 

4. Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (England) 

Regulations 2004, laid under the Local Government Finance Act 1988; (3057) 

5. Contaminants in Food (England) Regulations 2004, laid under the Food Safety Act 1990. 

(3062) 



1. Report and Accounts for 2003–04 of the Criminal Cases Review Commission, laid under 

the Criminal Appeal Act 1995; 

2. Code of Practice on the Discharge of Public Authorities’ Functions Under the Freedom 

of Information Act 2000, laid under that Act. 

3. Report and Accounts for 2003–04 of the Arts Council of Northern Ireland National 

Lottery Fund, laid under the National Lottery etc. Act 1993. 

Select Committee Report 

12. Committee of Selection—The First Report from the Committee was made and ordered to be 

printed. (HL Paper 6) 


13. Disability Discrimination Bill [hl]— A bill to amend the Disability Discrimination Act 1995; and 

for connected purposes was presented by the Lord Grocott on behalf of the Baroness Hollis 

of Heigham, read a first time and ordered to be printed. (HL Bill 6) 

14. Disability Discrimination Bill [hl]— It was ordered that the Explanatory Notes relating to the bill 

be printed. (HL Bill 6-EN) 

15. Inquiries Bill [hl]— A bill to make provision about the holding of inquiries was presented by the 

Lord Evans of Temple Guiting on behalf of the Lord Falconer of Thoroton, read a first time 

and ordered to be printed. (HL Bill 7) 

16. Inquiries Bill [hl]— It was ordered that the Explanatory Notes relating to the bill be printed. (HL 

Bill 7-EN) 

17. Borough Freedom (Family Succession) Bill [hl]— A bill to make new provision relating to 

admission to borough freedom was presented by the Lord Graham of Edmonton, read a first 

time and ordered to be printed. (HL Bill 8) 

18. Renewable Energy Bill [hl]— A bill to make provision about the microgeneration of electricity; to 

provide for small renewable energy developments to be classed as permitted development; and 

to provide for a renewables obligation for public suppliers of energy other than electricity 

suppliers was presented by the Lord Redesdale, read a first time and ordered to be printed. 

(HL Bill 9)

2004 25th-29th November 

13 

19. Queen’s Speech—The debate on the Motion that an Humble Address be presented to Her Majesty 

was resumed and, after further debate, was again adjourned to Monday next. 

The House was adjourned at eleven minutes before five o’clock 

to Monday next, half-past two o’clock. 

Monday 29th November 2004 



Addington, L. 

Ahmed, L. 

Alderdice, L. 



Amos, B. 

Ampthill, L. 

Andrews, B. 


Arran, E. 




Attlee, E. 

Avebury, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Best, L. 

BiVen, L. 


Birt, L. 

Blackstone, B. 


Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Brett, L. 

Bridgeman, V. 




Brookman, L. 



Burlison, L. 

Burnham, L. 

Burns, L. 

Buscombe, B. 

Cameron of Dillington, L. 




Carlisle of Bucklow, L. 


Carter, L. 


Chandos, V. 



Chorley, L. 






Cobbold, L. 

Cockfield, L. 



Colwyn, L. 



Courtown, E. 


Craigavon, V. 


Cuckney, L. 






Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 


Donaldson of Lymington, L. 

Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 


Elder, L. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Feldman, L. 


Fitt, L. 

Flather, B. 

Fookes, B. 


Fowler, L. 

Fraser of Carmyllie, L. 

Freeman, L. 


Gale, B. 

Garden, L. 


Gavron, L. 

Geddes, L. 


Giddens, L. 



Golding, B. 

Goldsmith, L. 

Goodhart, L. 

Goschen, V. 

Goudie, B. 





Greenway, L. 

Gregson, L. 

Grenfell, L. 

GriYths, L. 


GriYths of Fforestfach, L. 

Grocott, L. 

Hamwee, B. 

Hanham, B. 





Haskel, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Higgins, L. 



Hollick, L. 


Holme of Cheltenham, L. 

Hooson, L. 


Howe, E. 





Hoyle, L. 

Hughes of Woodside, L.


2004 





Hylton, L. 

Inglewood, L. 


Jacobs, L. 



JoVe, L. 

Jones, L. 

Jopling, L. 

Jordan, L. 

Kennedy of The Shaws, B. 


Kingsland, L. 

Kirkhill, L. 

Laing of Dunphail, L. 

Laird, L. 

Laming, L. 


Lang of Monkton, L. 

Lawson of Blaby, L. 

Layard, L. 


Leitch, L. 


Lipsey, L. 

Listowel, E. 



Lucas, L. 

Luke, L. 

Lyell, L. 




Macfarlane of Bearsden, L. 










Mallalieu, B. 

Manchester, Bp. 

Mancroft, L. 

Mar, C. 



Marsh, L. 

Masham of Ilton, B. 




Methuen, L. 

Michie of Gallanach, B. 


Mishcon, L. 

Mitchell, L. 



Monson, L. 


Montrose, D. 

Morgan, L. 




Moser, L. 


Moynihan, L. 

Murphy, B. 


Neuberger, B. 

Newby, L. 


Noakes, B. 


Northesk, E. 

Northover, B. 



Oppenheim-Barnes, B. 

Orme, L. 

Ouseley, L. 

Oxburgh, L. 

Palmer, L. 

Parekh, L. 



Patten, L. 

Paul, L. 


Peston, L. 




Platt of Writtle, B. 

Plumb, L. 



Prashar, B. 

Prosser, B. 


Quirk, 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. 





Roper, L. 

Rosser, L. 

Rosslyn, E. 

Rowlands, L. 



Sainsbury of Turville, L. 




Sandberg, L. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 


Simon, V. 



Skidelsky, L. 

Slim, V. 





Steel of Aikwood, L. 

Steinberg, L. 

Stern, B. 

Stevens of Ludgate, L. 

Stewartby, L. 

Stoddart of Swindon, L. 


Strabolgi, L. 

Strange, B. 


Swinfen, L. 


Tanlaw, L. 

Taverne, L. 




Tenby, V. 




Thornton, B. 

Tope, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 




Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 




Whitaker, B.


15 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 







PRAYERS were read by the Lord Bishop of Manchester. 


1. Roberts (FC) (Appellant) v. Parole Board (Respondents) (England)— The appeal of Harry 

Maurice Roberts was presented and it was ordered that in accordance with Standing Order 

VI the statement and appendix thereto be lodged on or before 10th January 2005. 

2. Serco Limited (Respondents) v. Lawson (Appellant)— The petition of the Foreign and 

Commonwealth OYce praying for leave to intervene in the said appeal was presented and 

referred to an Appeal Committee. 

3. AE (FC) and another (Appellants) v. Secretary of State for the Home Department (Respondent)— 

The petition of the OYce of the United Nations High Commissioner for Refugees praying for 

leave to intervene in the said appeal was presented and referred to an Appeal Committee. 

4. Gillies (AP) (Appellant) v. Secretary of State for Work and Pensions (Respondent) (Scotland)— 

The appeal was set down for hearing and referred to an Appellate Committee. 

5. Percy (AP) (Appellant) v. Church of Scotland Board of National Mission (Respondents) 

(Scotland)— The appeal was set down for hearing and referred to an Appellate Committee. 

6. Appeal Committee—The 3rd Report from the Appeal Committee was agreed to and the following 

Order was made— 

Gardner (Applicant) v. Her Majesty’s Commissioners of Customs and Excise 

(Respondents)— That permission to appeal be refused because the application is inadmissible. 

7. Appeal Committee—The 4th Report from the Appeal Committee was agreed to and the following 


R (on the application of Paul Rackham Limited) (Petitioners) v. SwaVham Magistrates’ Court 

(Respondents)— That the petition be dismissed as inadmissible. 

OYce of the King’s Prosecutor, Brussels (Respondents) v. Armas (Petitioner) and others— 

That leave to appeal be given; and that the petition of appeal be lodged by 13th December. 

R v. Misra and another (Petitioners)— That leave to appeal be refused. 

Papers 

8. Statutory Instrument (Standing Order 71)— The following negative instrument, having been laid 

before the House on 26th November, was ordered to lie on the Table: 

Immigration (Leave to Remain) (Fees) (Amendment No. 2) Regulations 2004, laid under the 

Immigration and Asylum Act 1999. (3105) 



1. (i) Accounts for 2003–04 of the National Museums and Galleries on Merseyside, 

together with the Report of the Comptroller and Auditor General— 

(ii) Accounts for 2003–04 of the Wallace Collection, together with the Report of the 

Comptroller and Auditor General— 

laid under the Museums and Galleries Act 1992; 

2. Accounts for 2003–04 of the National Army Museum, laid under the Charities Act 1993, 

together with the Report of the Comptroller and Auditor General; 

3. Accounts for 2003–04 of the Insolvency Services Account and the Insolvency Services 

Investment Account, laid under the Insolvency Act 1986, together with the Report of the 

Comptroller and Auditor General; 

4. Report for 2004 on proposals for bringing fully into force those provisions of the 

Freedom of Information Act 2000 which are not yet fully in force, laid under the Freedom 

of Information Act 2000; 

5. Memorandum of Agreement between the Coal Authority and the Health and Safety 

Executive, laid under the Coal Industry Act 1994. 

Private Business 

10. Petitions for private bills—The following petitions for private bills were deposited on or before 

29th November 2004 pursuant to Standing Order:


2004 

Name of Petition 

HBOS Group Reorganisation 

Liverpool City Council (Prohibition 

of Smoking in Places of Work) 

London Local Authorities 

London Local Authorities and 

Transport for London 


(Prohibition of Smoking in Places 

of Work) 

Whitstable Oyster Fishery Company 

By whom deposited 

Bircham Dyson Bell 

Sharpe Pritchard 




Bircham Dyson Bell 


11. Business of the House—It was moved by the Lord President (Baroness Amos) that Standing Order 

41 (Arrangement of the Order Paper) be dispensed with on Wednesday 1st December next to 

allow the motion standing in the name of the Baroness Gardner of Parkes to be taken before 

the motion standing in the name of the Lord Hanningfield; the motion was agreed to. 

12. Economic AVairs—It was moved by the Chairman of Committees that a Select Committee be 

appointed to consider economic aVairs; 

That, as proposed by the Committee of Selection, the following Lords be named of the 

Committee: 

L. Elder L. Marsh 

L. Goodhart L. Sheldon 

L. Kingsdown L. Sheppard of Didgemere 

L. Lamont of Lerwick L. Skidelsky 

L. Lawson of Blaby L. Vallance of Tummel 

L. Layard L. Wakeham (Chairman); 

L. Macdonald of Tradeston 

That the Committee have power to appoint a sub-committee and to refer to such subcommittee 

any of the matters within the terms of reference of the Committee; that the 

Committee have power to appoint the Chairman of such sub-committee; 

That the Committee have power to co-opt any Lord for the purpose of serving on such subcommittee; 

That the Committee have power to adjourn from place to place; 

That the Committee have power to appoint specialist advisers; 

That the Committee have leave to report from time to time; 

That the minutes of evidence taken before the Economic AVairs Committee or any subcommittee 

in the last session of Parliament be referred to the Committee; 

That the minutes of evidence taken before the Committee from time to time shall, if the 

Committee think fit, be printed; 

the motion was agreed to. 

13. European Union—It was moved by the Chairman of Committees that a Select Committee be 

appointed to consider European Union documents and other matters relating to the 

European Union; 

That the expression “European Union documents” shall include the following documents: 

(i) Any proposal under the Community Treaties for legislation by the Council or the Council 

acting jointly with the European Parliament; 

(ii) Any document which is published for submission to the European Council, the Council 

or the European Central Bank; 

(iii) Any proposal for a common strategy, a joint action or a common position under Title V 

(provisions on a common foreign and security policy) of the Treaty on European Union 

which is prepared for submission to the Council or to the European Council; 

(iv) Any proposal for a common position, framework decision, decision or a convention 

under Title VI (provisions on police and judicial co-operation in criminal matters) of the 

Treaty on European Union which is prepared for submission to the Council; 

(v) Any document (not falling within (ii), (iii) or (iv) above) which is published by one Union 

institution for or with a view to submission to another Union institution and which does 

not relate exclusively to consideration of any proposal for legislation; 

(vi) Any other document relating to European Union matters deposited in the House by a 

Minister of the Crown; 


Committee:


17 

L. Bowness L. Radice 

L. Dubs L. Renton of Mount Harry 

L. Geddes L. Scott of Foscote 

L. Grenfell (Chairman) L. Shutt of Greetland 

L. Hannay of Chiswick B. Thomas of Walliswood 

L. Harrison L. Tomlinson 

B. Maddock L. Woolmer of Leeds 

L. Marlesford L. Wright of Richmond; 

L. Neill of Bladen 

That the Committee have power to appoint sub-committees and to refer to such subcommittees 

any of the matters within the terms of reference of the Committee; that the 

Committee have power to appoint the Chairmen of sub-committees, but that such subcommittees 

have power to appoint their own Chairman for the purpose of particular inquiries; 

that two be the quorum of such sub-committees; 

That the Committee have power to co-opt any Lord for the purpose of serving on a subcommittee; 


That the Committee and any sub-committee have power to adjourn from place to place; 


That the Reports of the Select Committee from time to time shall be printed, notwithstanding 

any adjournment of the House; 

That the minutes of evidence taken before the European Union Committee or any subcommittee 





14. Mental Health Bill, Draft—It was moved by the Chairman of Committees that a Committee of 

twelve Lords be appointed to join with a Committee appointed by the Commons to consider 

and report on any draft Mental Health Bill presented to both Houses by a Minister of the 

Crown; 

That, as proposed by the Committee of Selection, the Lords following be named of the 

Committee: 

B. Barker B. McIntosh of Hudnall 

L. Carlile of Berriew L. Mayhew of Twysden 

L. Carter B. Murphy 

B. Cumberlege B. Pitkeathley 

B. Eccles of Moulton L. Rix 

B. Finlay of LlandaV L. Turnberg; 

That the Committee have power to agree with the Commons in the appointment of a 

Chairman; 



That the quorum of the Committee shall be two; 

That the Committee have power to adjourn from place to place within the United Kingdom; 

That the proceedings of the Joint Committee on the draft Mental Health Bill in the last session 

of Parliament be referred to the Committee; 

That the reports of the Committee from time to time shall be printed, notwithstanding any 

adjournment of the House; 

And that the Committee do report on the draft Bill by 31st March 2005; 

the motion was agreed to and a message was ordered to be sent to the Commons to acquaint 

them therewith. 

15. Merits of Statutory Instruments—It was moved by the Chairman of Committees that a Select 

Committee be appointed to consider every instrument which is laid before each House of 

Parliament and upon which proceedings may be or might have been taken in either House of 

Parliament, in pursuance of an Act of Parliament, being: 

(i) 

(ii) 

a statutory instrument, or a draft of a statutory instrument; 

a scheme, or an amendment of a scheme, or a draft thereof, requiring approval by 

statutory instrument; or


2004 

(iii) 

any other instrument (whether or not in draft), where the proceedings in pursuance of an 

Act of Parliament are proceedings by way of an aYrmative or negative resolution; 

but excluding any Order in Council or draft Order in Council made or proposed to be made 

under paragraph 1 of the Schedule to the Northern Ireland Act 2000 and any remedial order 

or draft remedial order under Schedule 2 to the Human Rights Act 1998 and any draft order 

proposed to be made under section 1 of the Regulatory Reform Act 2001, or any subordinate 

provisions order made or proposed to be made under that Act; 

with a view to determining whether the special attention of the House should be drawn to it 

on any of the following grounds: 

(a) 

(b) 

that it is politically or legally important or gives rise to issues of public policy likely to be 

of interest to the House; 

that it is inappropriate in view of the changed circumstances since the passage of the 

parent Act; 

(c) that it inappropriately implements European Union legislation; 

(d) 

that it imperfectly achieves its policy objectives; 


Committee: 

L. Addington L. McKenzie of Luton 

L. Armstrong of Ilminster L. Methuen 

L. Boston of Faversham E. Northesk 

V. Colville of Culross B. Royall of Blaisdon 

L. Hunt of Kings Heath (Chairman) V. Ullswater; 

L. Jopling 







16. Constitutional Reform Bill [HL]— It was moved by the Lord Falconer of Thoroton that the 

amendments for the Report Stage be marshalled and considered in the following order: 

Clauses 1 to 6 Clauses 32 to 47 

Schedule 1 Schedule 9 

Clause 7 Clauses 48 and 49 


Clause 8 Clause 50 


Clause 9 Clauses 51 to 68 






Clauses 12 to 17 Clause 105 


Clauses 18 to 31 Clause 106 to 108; 

Schedule 8 


17. Assisted Dying for the Terminally Ill Bill [hl]— It was moved by the Lord JoVe that the bill be now 

read a second time; the motion was agreed to and the bill was committed to a Select 

Committee. 

18. Queen’s Speech—The debate on the Motion that an Humble Address be presented to Her Majesty 

was resumed and, after further debate, was again adjourned till tomorrow. 

The House was adjourned at twenty-five minutes past nine o’clock 

till tomorrow, half-past two o’clock.


19 

Tuesday 30th November 2004 



Addington, L. 

Ahmed, L. 

Alderdice, L. 




Amos, B. 

Ampthill, L. 

Andrews, B. 


Armstrong of Ilminster, L. 

Arran, E. 


Astor, V. 


Attlee, E. 

Avebury, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Best, L. 

Bhatia, L. 


BiVen, L. 

Birt, L. 


Blood, B. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 

Boyce, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 



Brookman, L. 



Burnham, L. 

Burns, L. 

Buscombe, B. 

Byford, B. 






Carter, L. 


Cavendish of Furness, L. 



Chandos, V. 

Chelmsford, Bp. 

Chester, Bp. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 



Colwyn, L. 



Courtown, E. 

Coventry, Bp. 


Craigavon, V. 

Crathorne, L. 


Cuckney, L. 





David, B. 



Dean of Harptree, L. 


Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 



Elder, L. 

Elis-Thomas, L. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Feldman, L. 

Ferrers, E. 

Filkin, L. 


Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 


Geddes, L. 

George, L. 


Giddens, L. 

Gilbert, L. 


Golding, B. 

Goodhart, L. 

Gordon of Strathblane, L. 

Goschen, V. 

Goudie, B. 



Grantchester, L. 


Greenway, L. 

Gregson, L. 

Grenfell, L. 

GriYths, L. 



Grocott, L. 

Hamwee, B. 

Hanham, B. 




Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Higgins, L. 




Hooson, L. 



Howe, E. 

Howe of Aberavon, L.


2004 





Hoyle, L. 





Hylton, L. 

Inglewood, L. 


Jacobs, L. 

Jay of Paddington, B. 

Jellicoe, E. 


Jones, L. 

Jopling, L. 

Judd, L. 


Kimball, L. 



Kingsland, L. 

Kirkhill, L. 

Laird, L. 



Layard, L. 


Leitch, L. 




Lipsey, L. 




Lucas, L. 

Luke, L. 

Lyell, L. 




McFarlane of LlandaV, B. 









Maddock, B. 

Maginnis of Drumglass, L. 


Mancroft, L. 

Mar, C. 



Marsh, L. 





Methuen, L. 




Mishcon, L. 

Mitchell, L. 



Monson, L. 


Montrose, D. 

Morgan, L. 





Moynihan, L. 

Murphy, B. 


Neill of Bladen, L. 

Neuberger, B. 

Newby, L. 


Noakes, B. 



Northesk, E. 

Northfield, L. 

Northover, B. 





Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 


Parkinson, L. 


Patten, L. 

Paul, L. 

Peel, E. 

Pendry, L. 


Peston, L. 




Pilkington of Oxenford, L. 






Prashar, B. 

Prosser, B. 


Puttnam, L. 

Quirk, L. 



Rawlings, B. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees-Mogg, L. 



Renton, L. 

Richard, L. 


Rix, L. 




Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 

Rowlands, L. 






Sandberg, L. 


Sandwich, E. 

Sawyer, L. 


Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 


Simon, V. 



Skidelsky, L. 

Slim, V. 




Smith of Leigh, L. 

Snape, L. 




Steinberg, L. 

Stern, B. 


Stewartby, L. 



Strabolgi, L. 

Strange, B. 


Swinfen, L. 

Tanlaw, L. 





Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 

Turner of Camden, B.


21 

Uddin, B. 

Ullswater, V. 




Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 



Wedderburn of Charlton, L. 

Whitaker, B. 

Whitty, L. 

Wilkins, B. 






Wilson of Tillyorn, L. 


Winston, L. 

Worcester, Bp. 



Young of Old Scone, B. 

PRAYERS were read by the Lord Bishop of Coventry. 


1. Madden (Petitioner) v. Preferred Technical Group CHA Limited and another (Respondents)— 

The petition of George Gerard Madden praying for leave to appeal notwithstanding that the 

time limited by Standing Order II has expired was presented and referred to an Appeal 

Committee. 

Papers 

2. Command Paper—The following paper was presented to the House by command of Her Majesty 


Historic Buildings—Government Response to the Report of the House of Commons Select 

Committee on the OYce of the Deputy Prime Minister: Housing, Planning, Local 

Government and the Regions, on the Role of Historic Buildings in Urban Regeneration. 

(6420) 


on the Table: 

1. Employment Relations (Northern Ireland) Order 2004, laid under the Northern Ireland 

Act 2000; (3078) 

2. (i) Landlord and Tenant (Notice of Rent) (England) Regulations 2004— (3096) 

(ii) Leasehold Houses (Notice of Insurance Cover) (England) Regulations 

2004— (3097) 

(iii) Leasehold Valuation Tribunals (Procedure) (Amendment) (England) Regulations 

2004— (3098) 

laid under the Commonhold and Leasehold Reform Act 2002; 

3. (i) Family Proceedings Fees Order 2004— (3114) 

(ii) Non-Contentious Probate Fees Order 2004— (3120) 

(iii) Civil Proceedings Fees Order 2004— (3121) 

laid under the Courts Act 2003; 

4. Civil Procedure (Amendment No. 3) Rules 2004, laid under the Civil Procedure Act 1997; 

(3129) 

5. National Assembly for Wales (Transfer of Records) Order 2004, laid under the 

Government of Wales Act 1998. (3137) 



Report and Accounts for 2003–04 of the National Endowment for Science, Technology and 

the Arts, laid under the National Lottery Act 1998. 


5. Statutory Instruments—The First Report from the Joint Committee was made on certain statutory 

instruments, including the following aYrmative instruments: 

Draft Child Benefit and Guardian’s Allowance (Decisions and Appeals) (Amendment) 

Regulations 2004; 

Draft Criminal Justice Act 2003 (Categories of OVences) Order 2004; 

Draft European Communities (Definition of Treaties) (European Police OYce) Order 

2004; 

Draft European Communities (Immunities and Privileges of the European Police OYce) 

(Amendment) Order 2004; 

Draft European Police College (Immunities and Privileges) Order 2004;


2004 


Draft International Criminal Court (Immunities and Privileges) Order 2004; 

Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) 

Order 2004; 

Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2004; 

it was ordered that the Report be printed. (HL Paper 7) 

6. Assisted Dying for the Terminally Ill Bill [hl]— It was moved by the Chairman of Committees that, 

as proposed by the Committee of Selection, the following Lords be named of the Select 

Committee on the bill: 

E. Arran L. Mackay of Clashfern (Chairman) 

L. Carlile of Berriew L. Patel 

B. Finlay of LlandaV Bp. St Albans 

B. Hayman L. Taverne 

B. Jay of Paddington B. Thomas of Walliswood 

L. JoVe L. Turnberg; 

L. McColl of Dulwich 





That the proceedings of the Committee on the Assisted Dying for the Terminally Ill Bill [hl] 

in the last session of Parliament be referred to the Committee; and 

That the Committee do meet on Thursday 2nd December; 


7. Delegated Powers and Regulatory Reform—It was moved by the Chairman of Committees that a 

Select Committee be appointed to report whether the provisions of any bill inappropriately 

delegate legislative power, or whether they subject the exercise of legislative power to an 

inappropriate degree of parliamentary scrutiny; to report on documents and draft orders laid 

before Parliament under the Regulatory Reform Act 2001; and to perform, in respect of such 

documents and orders and subordinate provisions orders laid under that Act, the functions 

performed in respect of other instruments by the Joint Committee on Statutory Instruments; 


Committee: 

L. Brooke of Sutton Mandeville L. Harrison 

B. Carnegy of Lour B. Scott of Needham Market 

L. Dahrendorf (Chairman) L. Shaw of Northstead 

L. Desai L. Temple-Morris; 

L. Garden 




8. Human Rights—It was moved by the Chairman of Committees that a Select Committee of six 

Lords be appointed to join with a Committee appointed by the Commons as the Joint 

Committee on Human Rights: 

To consider: 

(a) matters relating to human rights in the United Kingdom (but excluding consideration of 

individual cases); 

(b) proposals for remedial orders, draft remedial orders and remedial orders made under 

section 10 of and laid under Schedule 2 to the Human Rights Act 1998; and 

(c) in respect of draft remedial orders and remedial orders, whether the special attention of 

the House should be drawn to them on any of the grounds specified in Standing Order 74 

(Joint Committee on Statutory Instruments); 

To report to the House: 

(a) in relation to any document containing proposals laid before the House under paragraph 

3 of the said Schedule 2, its recommendation whether a draft order in the same terms as 

the proposals should be laid before the House; or 

(b) in relation to any draft order laid under paragraph 2 of the said Schedule 2, its 

recommendation whether the draft Order should be approved; 

and to have power to report to the House on any matter arising from its consideration of the 

said proposals or draft orders; and


23 

To report to the House in respect of any original order laid under paragraph 4 of the said 

Schedule 2, its recommendation whether: 

(a) 

(b) 

the order should be approved in the form in which it was originally laid before Parliament; 

or 

that the order should be replaced by a new order modifying the provisions of the original 

order; or 

(c) that the order should not be approved, 

and to have power to report to the House on any matter arising from its consideration of the 

said order or any replacement order; 


Committee: 

L. Bowness L. Judd 

L. Campbell of Alloway L. Plant of Highfield 

B. Falkner of Margravine B. Stern; 

That the Committee have power to agree with any Committee appointed by the Commons in 

the appointment of a Chairman; 





That the minutes of evidence taken before the Human Rights Committee in the last session of 

Parliament be referred to the Committee; 





9. Education Bill [hl]— A bill to make provision about the inspection of schools, child minding, day 

care, nursery education and careers services; to make other provision about school education; 

to make provision about the training of persons who work in schools and other persons who 

teach, about the supply of personal information for purposes related to education and about 

the attendance of children at educational provision outside schools; and for connected 

purposes was presented by the Lord Filkin, read a first time and ordered to be printed. (HL 

Bill 10) 

10. Education Bill [hl]— It was ordered that the Explanatory Notes relating to the bill be printed. (HL 

Bill 10-EN) 

11. Queen’s Speech—The debate was resumed on the Motion that an Humble Address be presented 

to Her Majesty as follows— 

“Most Gracious Sovereign, 

We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in 

Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech 

which Your Majesty has addressed to both Houses of Parliament,”; 

After further debate, the motion was agreed to nemine dissentiente, and it was ordered that the 

Address be presented to Her Majesty by the Lord Chamberlain. 

12. Mental Health—A message was brought from the Commons that they concur with the resolution 

of this House of 29th November relating to a Joint Committee of both Houses on any draft 

Mental Health Bill and that they have made the following orders: 

That, in accordance with the Order of the House of 20th July in the last Session of Parliament, 

a Select Committee of twelve Members be appointed to join with a Committee appointed by 

the Lords, as the Joint Committee on the draft Mental Health Bill, with the same terms of 

reference, powers and membership as in the last Session and that the proceedings of the Joint 

Committee on the draft Mental Health Bill in the last Session of Parliament be referred to the 

Committee; and 

That the Committee do meet with the Committee appointed by the Lords on Wednesday 1st 

December at half-past nine o’clock in the Boothroyd Room. 

The House was adjourned at nine minutes before eight o’clock 


24 1st December 

2004 

Wednesday 1st December 2004 



Addington, L. 

Ahmed, L. 

Amos, B. 

Ampthill, L. 

Andrews, B. 



Arran, E. 

Ashcroft, L. 




Attlee, E. 

Avebury, L. 


Ballyedmond, L. 

Barker, B. 

Barnett, L. 



Bernstein of Craigweil, L. 

Best, L. 

BiVen, L. 


Birt, L. 



Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Bridgeman, V. 




Brookman, L. 



Burlison, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 



Campbell of Croy, L. 





Carr of Hadley, L. 


Carter, L. 


Chandos, V. 

Chester, Bp. 

Chorley, L. 







Cobbold, L. 

Cockfield, L. 



Colwyn, L. 



Coventry, Bp. 

Cox, B. 


Crathorne, L. 


Cuckney, L. 



David, B. 




Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

D’Souza, B. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 


Elder, L. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Feldman, L. 

Ferrers, E. 

Fitt, L. 

Fookes, B. 


Fowler, L. 


Freeman, L. 

Freyberg, L. 

Gale, B. 

Garden, L. 


Garel-Jones, L. 

Geddes, L. 


Gilbert, L. 


Golding, B. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 


Greaves, L. 


Greenway, L. 

Gregson, L. 

Grenfell, L. 


Hamwee, B. 

Hanham, B. 




Harrison, L. 


Haskel, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Higgins, L. 





Hooson, L. 




Howe, E. 






Hoyle, L. 




Hylton, L. 

Inglewood, L. 


Jacobs, L. 


Jellicoe, E. 


Jones, L. 

Jopling, L. 

Judd, L.


25 

Kalms, L. 


Kimball, L. 



Kingsland, L. 

Kirkhill, L. 

Laird, L. 

Laming, L. 




Lindsay, E. 


Lipsey, L. 

Listowel, E. 

Liverpool, Bp. 

Liverpool, E. 



Lucas, L. 

Luke, L. 

Lyell, L. 











Maddock, B. 



Mar, C. 



Marsh, L. 




Maxton, L. 


Methuen, L. 



Mishcon, L. 



Monson, L. 


Montrose, D. 


Morgan, L. 


Morris of Bolton, B. 


Moynihan, L. 

Murphy, B. 


Neuberger, B. 

Newby, L. 


Noakes, B. 


Northesk, E. 

Northover, B. 



Ouseley, L. 

Palmer, L. 



Patten, L. 

Paul, L. 

Peel, E. 

Pendry, L. 

Peston, L. 










Prior, L. 

Prosser, B. 


Quirk, L. 

Radice, L. 



Rawlings, B. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 

Rennard, L. 

Renton, L. 

Richard, L. 





Rogan, L. 

Rogers of Riverside, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 

Rowlands, L. 






Sandberg, L. 


Sandwich, E. 

Sawyer, L. 


Seccombe, B. 

Selsdon, L. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 


Simon, V. 


Skidelsky, L. 

Slim, V. 







Steinberg, L. 


Stewartby, L. 


Stokes, L. 


Strabolgi, L. 

Strange, B. 



Swinfen, L. 

Tanlaw, L. 

Taverne, L. 






Thornton, B. 

Tombs, L. 

Tomlinson, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 



Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 




Whitaker, B. 

Whitty, L. 

Wilcox, B. 









Young of Norwood Green, L.


2004 


1. Barony of Abinger in the Peerage of the United Kingdom—The Petition of James Harry Scarlett 

claiming to have succeeded to the Barony of Abinger in the Peerage of the United Kingdom 

and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the 

Lord Abinger 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. 

2. Viscountcy of Oxfuird in the Peerage of Scotland—The Lord Chancellor reported that Ian 

Alexander Arthur Makgill had established his succession to the Viscountcy of Oxfuird. The 

Clerk of the Parliaments was accordingly directed to enter the Viscount of Oxfuird on the 

register of hereditary peers maintained under Standing Order 10(5). 


3. Regina v. Smith (Appellant) (2004) (No. 2) (On Appeal from the Court of Appeal (Criminal 

Division))—The appeal was set down for hearing and referred to an Appellate Committee. 

4. Autologic Holdings plc 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 13th 

January 2005 (the agents for the respondents consenting thereto) was presented; and it was 

ordered as prayed. 

5. BNP Paribas UK Holdings Limited 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 13th 



6. The Future Network plc and others (Respondents) v. Her Majesty’s Commissioners of Inland 





7. Perkins Engines Company Limited and others (Respondents) v. Her Majesty’s Commissioners of 





8. HJ Heinz Company Inc and others (Respondents) v. Her Majesty’s Commissioners of Inland 





9. British Telecommunications plc and others (Respondents) v. Her Majesty’s Commissioners of 







Serco Limited (Respondents) v. Lawson (Appellant)—That the petition of the Foreign and 

Commonwealth OYce that they might be heard or otherwise intervene in the said appeal be 

allowed. 

AE (FC) and another (Appellants) v. Secretary of State for the Home Department 

(Respondent)—That the petition of the OYce of the United Nations High Commissioner for 

Refugees that they might be heard or otherwise intervene in the said appeal be allowed. 



Mahajan (Petitioner) v. Department for Constitutional AVairs (Respondents)—That leave to 

appeal be refused. 

R (on the application of Mahajan) (Applicant) v. Central London County Court 

(Respondents) (First application)—That leave to appeal be refused. 


(Respondents) (Second application)—That leave to appeal be refused. 


(Respondents) (Third application)—That leave to appeal be refused.


27 


(Respondents) (Fourth application)—That the petition be dismissed as inadmissible. 

Kosky Seal & Co (Respondents) v. Mahajan (Applicant)—That the petition be dismissed as 

inadmissible. 

Papers 


on the Table: 

1. Plastic Materials and Articles in Contact with Food (Amendment) (England) 

Regulations 2004, laid under the Food Safety Act 1990; (3113) 

2. Private Security Industry Act 2001 (Repeal and Revocation) Order 2004, laid under the 

Private Security Industry Act 2001. (3145) 



1. Accounts for 2003–04 of the following Education Action Zones, together with the 

Reports of the Comptroller and Auditor General; 

(i) Easington and Seaham— 

(ii) East Cleveland— 

(iii) Great Yarmouth— 

(iv) North Stockton— 

(v) Peterlee— 

(vi) South Bradford— 

(vii) South East SheYeld— 

laid under the School Standards and Framework Act 1998; 

2. Report and Accounts for 2003–04 of the Fire Authority for Northern Ireland, laid under 

the Northern Ireland Act 2000. 

Select Committee Reports 

14. Human Rights—The following Reports from the Joint Committee were made and ordered to be 

printed: 

Protocol No. 14 to the European Convention on Human Rights, together with appendices; 

(First Report—HL Paper 8) 

Draft Criminal Justice Act 2003 (Categories of OVences) Order 2004, together with an 

appendix. (2nd Report–HL Paper 9) 


15. Business of the House—It was moved by the Lord President (Baroness Amos) that the debates on 

the motions in the names of the Baroness Gardner of Parkes and the Lord Hanningfield set 

down for today shall each be limited to 2° hours; the motion was agreed to 

16. Constitution Committee—It was moved by the Chairman of Committees that a Select Committee 

be appointed to examine the constitutional implications of all public bills coming before the 

House; and to keep under review the operation of the constitution; 


Committee: 

L. Acton L. Holme of Cheltenham (Chairman) 

V. Bledisloe L. Lang of Monkton 

L. Carter L. MacGregor of Pulham Market 

L. Elton B. O’Cathain 

B. Gould of Potternewton E. Sandwich 

B. Hayman L. Smith of Clifton; 




That the minutes of evidence taken before the Constitution Committee in the last session of 

Parliament be referred to the Committee; 





2004 

17. House Committee—It was moved by the Chairman of Committees that a Select Committee be 

appointed to supervise the general administration of the House and guide the work of the 

Management Board; to agree the annual Estimates, Supplementary Estimates and the threeyear 

spending forecasts; to approve the House of Lords Annual Report; and to approve 

changes in employment policy; 

That, as proposed by the Committee of Selection, the following Lords together with the 

Chairman of Committees be named of the Committee; 

B. Amos (Lord President) L. McNally 

L. Barnett L. Renfrew of Kaimsthorn 

L. Burlison L. Sharman 

L. Hunt of Wirral L. Strathclyde 

L. Lloyd of Berwick L. Williamson of Horton; 





18. Science and Technology—It was moved by the Chairman of Committees that a Select Committee 

be appointed to consider science and technology and that, as proposed by the Committee of 

Selection, the following Lords be named of the Select Committee: 

L. Broers (Chairman) B. Sharp of Guildford 

B. Finlay of LlandaV L. Soulsby of SwaVham Prior 

L. Mitchell L. Sutherland of Houndwood 

L. Patel L. Taverne 

L. Paul L. Turnberg 

B. Perry of Southwark L. Winston 

B. Platt of Writtle L. Young of GraVham; 

That the Committee have power to appoint sub-committees and that the Committee have 

power to appoint the Chairmen of sub-committees; 

That the Committee have power to co-opt any Lord for the purposes of serving on the 

Committee or any sub-committee; 


That the Committee and any sub-committee have power to adjourn from place to place; 

That the Committee and any sub-committee have power to appoint specialist advisers; 

That the minutes of evidence taken before the Science and Technology Committee or any subcommittee 





19. Deputy Chairmen of Committees—It was moved by the Chairman of Committees that, as 

proposed by the Committee of Selection, the following Lords be appointed as the panel of 

Lords to act as Deputy Chairmen of Committees for this session: 

V. Allenby of Megiddo B. Hooper 

L. Ampthill B. Lockwood 

L. Boston of Faversham L. Lyell 

L. Brougham and Vaux C. Mar 

L. Carter B. Pitkeathley 

L. Cope of Berkeley B. Ramsay of Cartvale 

L. Elton V. Simon 

B. Fookes B. Thomas of Walliswood 

L. Geddes L. TordoV 

B. Gould of Potternewton B. Turner of Camden 

L. Grocott V. Ullswater; 

L. Haskel 


20. Hospital-acquired infections (2°-hour debate)— It was moved by the Baroness Gardner of Parkes 

that there be laid before the House papers relating to Government health policies, with 

particular reference to initiatives designed to reduce hospital-acquired infections; after debate, 

the motion was (by leave of the House) withdrawn.

2004 1st-2nd December 

29 

21. Regional agencies and bodies (2°-hour debate)— It was moved by the Lord Hanningfield that 

there be laid before the House papers relating to the current status of the regional agencies and 

bodies, and to the case for returning their responsibilities to elected local government; after 

debate, the motion was (by leave of the House) withdrawn. 

The House was adjourned at fourteen minutes past seven o’clock 



Thursday 2nd December 2004 



Addington, L. 

Ahmed, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 



Arran, E. 

Ashcroft, L. 


Astor, V. 


Attlee, E. 

Avebury, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Bhatia, L. 


BiVen, L. 


Birt, L. 

Blackwell, L. 

Blaker, L. 

Blatch, B. 


Boothroyd, B. 

Borrie, L. 


Boyce, L. 


Bradshaw, L. 

Bramall, L. 

Bridgeman, V. 




Brookman, L. 



Burlison, L. 

Burnham, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 







Carter, L. 



Chester, Bp. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 



Colwyn, L. 

Condon, L. 




Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Cuckney, L. 




David, B. 





Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eames, L. 

Eatwell, L. 



Elder, L. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 



Feldman, L. 

Fellowes, L. 

Ferrers, E. 

Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freyberg, L. 

Gale, B. 

Garden, L. 


Geddes, L. 


Gilbert, L. 

Golding, B. 

Goodhart, L. 


Goschen, V. 



Greaves, L. 


Greenway, L. 

Grenfell, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 





Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Healey, L. 

Henig, B. 

Henley, L. 

Higgins, L. 

Hilton of Eggardon, B.

30 2nd December 

2004 





Hooson, L. 


Howe, E. 





Hoyle, L. 






Hylton, L. 

Inglewood, L. 


Jacobs, L. 



Jopling, L. 

Judd, L. 


Kimball, L. 



Kingsland, L. 

Kirkham, L. 

Kirkhill, L. 

Laird, L. 

Laming, L. 





Levy, L. 

Lindsay, E. 


Lipsey, L. 


Lucas, L. 

Luce, L. 

Luke, L. 

Lyell, L. 












McNally, L. 

Maddock, B. 


Mallalieu, B. 


Mancroft, L. 

Mar, C. 


Marsh, L. 



Maxton, L. 



Methuen, L. 



Mishcon, L. 



Monson, L. 


Montrose, D. 





Moser, L. 


Moynihan, L. 

Murphy, B. 


Neuberger, B. 

Newby, L. 



Noakes, B. 

Northesk, E. 

Northover, B. 





Ouseley, L. 

Palmer, L. 

Parkinson, L. 

Patel, L. 


Paul, L. 

Pendry, L. 


Peston, L. 






Plumb, L. 

Plummer of St. Marylebone, L. 



Prior, L. 

Prosser, B. 

Quirk, L. 

Radice, L. 



Rawlings, B. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 

Richard, L. 


Rix, L. 





Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 

Rowlands, L. 







Sandberg, L. 


Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 

Sharples, B. 


Sheldon, L. 


Simon, V. 


Slim, V. 




Snape, L. 


Steinberg, L. 

Stern, B. 

Stewartby, L. 

Stokes, L. 


Strabolgi, L. 



Swinfen, L. 


Tanlaw, L. 

Taverne, L. 



Tebbit, L. 


Tenby, V. 




Thornton, B. 

Tomlinson, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B.


31 

Vallance of Tummel, L. 



Wakeham, L. 



Walmsley, B. 

Walpole, L. 

Warner, L. 

Warnock, B. 



Whitaker, B. 

Wilcox, B. 

Wilkins, B. 





Winston, L. 






1. Earldom of Iddesleigh in the Peerage of the United Kingdom—The Lord Chancellor reported that 

John StaVord Northcote had established his succession to the Earldom of Iddesleigh. The 

Clerk of the Parliaments was accordingly directed to enter the Earl of Iddesleigh on the 

register of hereditary peers maintained under Standing Order 10(5). 


2. Sirius International Insurance Company (Publ) (Appellants) v. FAI General Insurance Limited 

and others (Respondents)—It was moved by the Lord Bingham of Cornhill, That the 6th 

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 4th April 2003 (as amended on 30th 

April 2003) be set aside and the Order of Mr Justice Jacob in the High Court (Chancery 

Division) (Companies Court) of 23rd July 2002 restored; and that the question of costs be 

adjourned in order that the parties may make written submissions within 14 days. [2004] 

UKHL 54 

3. R (on the application of C (FC) and another (FC)) (children acting through their father and 

litigation friend) (Petitioners) v. Secretary of State for the Foreign and Commonwealth OYce 

(Respondent)—The petition of C and D praying for leave to appeal was presented and 

referred to an Appeal Committee. The petitioners’ certificates of public funding were lodged. 

4. Zafar (Petitioner) v. Director of Public Prosecutions (Respondent)—The petition of Mahmud 

Zafar praying for leave to appeal in accordance with the Administration of Justice Act 1960 

was presented and referred to an Appeal Committee. 

5. Regina v. Secretary of State for Foreign and Commonwealth AVairs (Appellant) ex parte Quark 

Fishing Limited (Respondents)—The petition of the appellant praying that the time for 

lodging the statement and appendix and setting down the cause for hearing might be extended 

to 17th January 2005 (the agents for the respondents consenting thereto) was presented; and 

it was ordered as prayed. 

6. Regina v. Secretary of State for Foreign and Commonwealth AVairs (Respondent) ex parte Quark 

Fishing Limited (Appellants)—The petition of the appellants praying that the time for lodging 


January 2005 (the agents for the respondent consenting thereto) was presented; and it was 


7. Appeal Committee—The following Order was made pursuant to the 109th Report, Session 

2003–04: 

Regina v. Secretary of State for the Home Department (Petitioner) ex parte Tum (FC) 

(Respondent) and one other action—That the following question be referred to the Court of 

Justice of the European Communities for a preliminary ruling under Article 234 of the Treaty 

establishing the European Community: “Is Article 41(1) of the Additional Protocol to the 

Association Agreement signed at Brussels on 23rd November 1970 to be interpreted as 

prohibiting a Member State from introducing new restrictions, as from the date on which that 

Protocol entered into force in that Member State, on the conditions of and procedure for entry 

to its territory for a Turkish national seeking to establish himself in business in that Member 

State?”; that, in accordance with Article 55(2) of the Rules of Procedure of the Court of Justice, 

the President of the Court be requested to give the disposal of the reference for a preliminary 

ruling in this case priority over other cases in view of the special circumstances of this case; and 

that further consideration of the petition for leave to appeal be adjourned pending the 

preliminary ruling from the Court of Justice of the European Communities. 


The House was resumed. 

Papers 



1. Departmental Performance—Performance Reports for—


2004 

(i) Department for Environment, Food and Rural AVairs; (6396) 

(ii) Department for Education and Skills; (6399) 

(iii) Department for Transport; (6403) 

(iv) Department for International Development; (6405) 

(v) OYce of the Deputy Prime Minister; (6421) 

(vi) Home OYce; (6423) 

2. Budget—Pre-Budget Report, Opportunity for all: The strength to take the long-term 

decisions for Britain; (6408) 

3. Contingent Liability— 

(i) Indemnity to Members of the Flood Defence Committee; (—) 

(ii) Indemnity to Retired Members of the Environment Agency Pension Committee; 

(—) 

(iii) Minute from the Ministry of Defence on Contingent Liability for Opening Basra 

Airport; (—) 

4. Defence—Minute from the Ministry of Defence Concerning the Gifting of Military 

Equipment to the Iraqi Interim Government. 



Draft Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2004, laid under 

the Local Government Finance Act 1988, together with an Explanatory Memorandum. 


on the Table: 

1. (i) Race Relations Act 1976 (Statutory Duties) Order 2004— (3125) 

(ii) Race Relations Act 1976 (General Statutory Duty) Order 2004— (3127) 

laid under the Race Relations Act 1976; 

2. Public Lending Right Scheme 1982 (Commencement of Variation) (No. 2) Order 2004, 

laid under the Public Lending Right Act 1979. (3128) 



(i) Accounts for 2002–03 of the Northern Ireland Social Care Council— 

(ii) Accounts for 2002–03 of the Northern Ireland Practice and Education Council for 

Nursing and Midwifery— 

(iii) Accounts for 2003–04 of the Department of Finance and Personnel— 

(iv) Accounts for 2003–04 of the Northern Ireland Social Care Council— 

(v) Accounts for 2003–04 of the Northern Ireland Practice and Education Council for 

Nursing and Midwifery— 

laid under the Northern Ireland Act 2000. 


12. Queen’s Speech—The Queen’s answer to the Address of 30th November last was delivered by the 

Lord Chamberlain (Lord Luce) and read, as follows: 

I have received with great satisfaction the dutiful and loyal expression of your thanks for the 

speech with which I opened the present Session of Parliament. 

13. Liaison Committee—It was moved by the Chairman of Committees that a Select Committee be 

appointed to advise the House on the resources required for select committee work and to 

allocate resources between select committees; to review the select committee work of the 

House; to consider requests for ad hoc committees and report to the House with 

recommendations; to ensure eVective co-ordination between the two Houses; and to consider 

the availability of Lords to serve on committees; 


Chairman of Committees be named of the Committee: 

B. Amos (Lord President) L. Moser 

L. Geddes B. Pitkeathley 

B. Hayman B. Scott of Needham Market 

L. Kimball L. Strathclyde 

L. McNally L. Williamson of Horton; 





33 

14. Privileges—It was moved by the Chairman of Committees that a Committee for Privileges be 

appointed and that, as proposed by the Committee of Selection, the following Lords together 

with the Chairman of Committees and any four Lords of Appeal be named of the Committee: 

B. Amos (Lord President) L. McNally 

L. Brooke of Sutton Mandeville L. Marsh 

L. Browne-Wilkinson L. Merlyn-Rees 

L. Carlisle of Bucklow L. Roper 

L. Cope of Berkeley L. Strabolgi 

L. Graham of Edmonton L. Strathclyde 

L. Grocott L. Williamson of Horton; 

L. Mackay of Clashfern 

That the Committee have power to appoint sub-committees and that such sub-committees 

have power to appoint their own Chairmen; 

That the Committee have power to co-opt any Lord for the purposes of serving on any subcommittee; 


15. Procedure of the House—It was moved by the Chairman of Committees that the Select Committee 

on Procedure of the House be appointed and that, as proposed by the Committee of Selection, 

the following Lords together with the Chairman of Committees be named of the Committee: 

L. Addington L. Grenfell 

L. Alderdice L. Grocott 

B. Amos (Lord President) L. Hoyle 

B. Blatch L. Jopling 

V. Bledisloe L. Kimball 

L. Brooke of Sutton Mandeville L. McNally 

V. Brookeborough L. Roper 

L. Burnham L. Snape 

L. Cope of Berkeley L. Strathclyde 

B. David B. Symons of Vernham Dean 

L. Donaldson of Lymington L. Wakeham 

L. Dubs B. Warnock 

L. Falconer of Thoroton L. Williams of Elvel 


L. Williamson of Horton; 

L. Geddes 


16. Refreshment—It was moved by the Chairman of Committees that a Select Committee be 

appointed to advise on the refreshment services provided for the House, within financial limits 

approved by the House Committee; 


Committee; 

L. Borrie L. Palmer 

L. Davies of Oldham L. Redesdale 

L. Denham B. Rendell of Babergh 

B. Fookes (Chairman) Ly. Saltoun of Abernethy 

B. Gould of Potternewton B. Strange 

B. Harris of Richmond L. Wade of Chorlton; 



17. House Committee—It was moved by the Chairman of Committees that the 2nd Report from the 

Select Committee be agreed to; the motion was agreed to. (HL Paper 196, Session 2003–04) 

18. Sexual equality (EUC Report)— It was moved by the Lord Williamson of Horton that this House 

takes note of the Report of the European Union Committee on Sexual Equality in Access to 

Goods and Services (27th Report, Session 2003–04, HL Paper 165); after debate, the motion 

was agreed to. 

19. Regulatory state—It was moved by the Lord Norton of Louth that this House takes note of the 

Report of the Select Committee on the Constitution on the Regulatory State: Ensuring its 

Accountability (6th Report, Session 2003–04, HL Paper 68); after debate, the motion was 

agreed to. 

20. World Trade Organization (EUC Report)— It was moved by the Lord Radice that this House 

takes note of the Report of the European Union Committee on The World Trade 

Organization: the role of the EU post-Cancún (16th Report, Session 2003–04, HL Paper 104); 

after debate, the motion was agreed to. 

The House was adjourned at five minutes before six o’clock 

to Monday next, half-past two o’clock.

34 6th December 

2004 

Monday 6th December 2004 



Addington, L. 

Ahmed, L. 



Ampthill, L. 

Andrews, B. 



Arran, E. 




Attlee, E. 

Avebury, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 


BiVen, L. 


Blaker, L. 

Bledisloe, V. 

Blood, B. 

Boothroyd, B. 

Borrie, L. 



Bradshaw, L. 

Bragg, L. 

Brennan, L. 

Brett, L. 




Brookman, L. 



Burlison, L. 

Burnham, L. 

Buscombe, B. 

Caithness, E. 

Cameron of Lochbroom, L. 





Carter, L. 


Chadlington, L. 


Chapman, B. 

Chorley, L. 





Cockfield, L. 



Colwyn, L. 

Condon, L. 



Courtown, E. 

Craigavon, V. 

Crathorne, L. 




David, B. 

Dholakia, L. 

Dixon, L. 


D’Souza, B. 

Dubs, L. 

Dykes, L. 

Eatwell, L. 

Elder, L. 


Elles, B. 


Elton, L. 



Ezra, L. 

Falkland, V. 




Fearn, L. 

Feldman, L. 

Fitt, L. 

Fookes, B. 

Fowler, L. 


Freeman, L. 


Gale, B. 

Garden, L. 


George, L. 


Giddens, L. 

Gilbert, L. 

Golding, B. 

Goodhart, L. 

Goschen, V. 

Goudie, B. 



Greenway, L. 

Gregson, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 





Harrison, L. 


Haskel, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Higgins, L. 






Hooper, B. 

Hooson, L. 

Howe, E. 






Hoyle, L. 





Inglewood, L. 





Jones, L. 



Kingsland, L. 

Kirkhill, L. 

Laidlaw, L. 

Laird, L. 

Laming, L. 



Leitch, L. 



Lindsay, E. 

Lipsey, L. 

Listowel, E. 


Lockwood, B. 


Lucas, L. 

Luke, L. 


McDonagh, B. 



MacGregor of Pulham Market, L.


35 








McNally, L. 

Maddock, B. 

Mancroft, L. 

Mar, C. 


Marsh, L. 



Maxton, L. 





Mishcon, L. 

Mitchell, L. 





Moran, L. 

Morgan, L. 





Moynihan, L. 

Murphy, B. 


Naseby, L. 

Neuberger, B. 

Newby, L. 


Nickson, L. 

Noakes, B. 

Northesk, E. 

Northover, B. 



Owen, L. 

Oxford, Bp. 

Palmer, L. 



Paul, L. 

Pearson of Rannoch, L. 

Peel, E. 

Pendry, L. 

Peston, L. 




Plumb, L. 


Prior, L. 

Prosser, B. 


Puttnam, L. 

Quirk, L. 



Rawlings, B. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 

Rennard, L. 

Renton, L. 

Richard, L. 

Rix, L. 




Rogan, L. 


Roper, L. 

Rosslyn, E. 

Rowlands, L. 


Russell-Johnston, L. 


Salisbury, Bp. 


Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 

Sharples, B. 


Sheldon, L. 


Simon, V. 


Skidelsky, L. 

Slim, V. 





Snape, L. 





Steinberg, L. 

Stern, B. 


Stewartby, L. 


Strabolgi, L. 

Strange, B. 



Taverne, L. 


Tebbit, L. 


Tenby, V. 

Thomas of Macclesfield, L. 


Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 



Uddin, B. 

Ullswater, V. 



Wakeham, L. 


Walmsley, B. 


Warnock, B. 


Waverley, V. 


Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 










PRAYERS were read by the Lord Bishop of Salisbury. 


1. Secretary of State for the Home Department (Respondent) v. Hindawi and another (Petitioner) 

(FC)—The petition of Prince Charles Headley praying for leave to appeal was presented and 

referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged. 

2. R v. Longworth (Petitioner)—The petition of Gary Dean Longworth praying for leave to appeal 

in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal 

Committee (lodged 25th November).


2004 

3. Regina v. Special Adjudicator (Respondent) ex parte Hoxha (FC) (Appellant)—The petition of the 

OYce of the United Nations High Commissioner for Refugees praying for leave to intervene 

in the said appeal by way of written submissions only was presented and referred to an Appeal 

Committee. 

4. In re B (FC) (Appellant) (2002)—The petition of the OYce of the United Nations High 

Commissioner for Refugees praying for leave to intervene in the said appeal by way of written 

submissions only was presented and referred to an Appeal Committee. 

5. Serco Limited (Respondents) v. Lawson (Appellant)—The appeal was set down for hearing and 

referred to an Appellate Committee. 

6. Regina v. Mercieca (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The 

appeal was set down for hearing and referred to an Appellate Committee. 

7. Barker (Respondent) v. Saint Gobain Pipelines plc (Appellants)— 

8. Patterson (son and executor of the estate of J Patterson (deceased)) (Respondent) v. Smiths Dock 

Limited (Appellants) and others— 

9. Murray (widow and executrix of the estate of John Lawrence Murray (deceased)) (Respondent) v. 

British Shipbuilders (Hydrodynamics) Limited (Appellants) and others and others 



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 January 2005 (the agents for 

the respondents consenting thereto) was presented; and it was ordered as prayed. 

10. Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Kehoe (FC) 

(Appellant)—The petition of the appellant praying that the time for lodging the statement and 

appendix and setting down the cause for hearing might be extended to 10th January 2005 (the 

agents for the respondent consenting thereto) was presented; and it was ordered as prayed. 


Fishing Limited (Respondents)— 


Fishing Limited (Appellants)— 

The petition of the appellants praying that the appeals be conjoined; that they be allowed to 

lodge separate statements and cases and one appendix in respect of the two appeals; and that 

the respondents have leave to lodge separate cases (the agents for the respondents consenting 

thereto) was presented; and it was ordered as prayed. 

Papers 



Departmental Performance—Performance Report for— 

(i) Department for Constitutional AVairs; (3rd December) (6391) 

(ii) Crown Prosecution Service. (3rd December) (6398) 

14. Statutory Instruments (Standing Order 71)— The following negative instruments, having been laid 

before the House on 3rd December, were ordered to lie on the Table: 

1. (i) Tyne Metropolitan College (Incorporation) Order 2004— (3108) 

(ii) Tyne Metropolitan College (Government) Regulations 2004— (3109) 

laid under the Further and Higher Education Act 1992; 

2. (i) Anglian Regional Flood Defence Committee (Abolition) Order 2004— (3163) 

(ii) Wessex Regional Flood Defence Committee Order 2004— (3164) 

(iii) Southern Regional Flood Defence Committee Order 2004— (3165) 

laid under the Environment Act 1995; 

3. (i) Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No. 3) Order 

2004— (3167) 

(ii) Penalties for Disorderly Behaviour (Form of Penalty Notice) (Amendment) 

Regulations 2004— (3169) 

laid under the Criminal Justice and Police Act 2001; 

4. Immigration (Exemption from Control) (Amendment) Order 2004, laid under the 

Immigration Act 1971; (3171) 

5. Town and Country Planning (Electronic Communications) (Wales) (No. 3) Order 2004, 

laid under the Electronic Communications Act 2000. (3172)


37 


on the Table: 

1. Marketing Authorisations for Veterinary Medicinal Products (Revocation of 

Confidentiality Provision) Regulations 2004, laid under the European Communities Act 

1972; (3193) 

2. (i) Building Societies (Accounts and Related Provisions) (Amendment) Regulations 

2004— (3199) 

(ii) Building Societies Act 1986 (Modification of the Lending Limit and Funding Limit 

Calculations) Order 2004— (3200) 

laid under the Building Societies Act 1986; 

3. Amendments to Charter and Statutes of Templeton College Oxford, laid under the 

Universities of Oxford and Cambridge Act 1923. (—) 



Report and Accounts for 2003–04 of the United Kingdom Film Council, laid under the 

National Lottery etc. Act 1993. 


17. Administration and Works—It was moved by the Chairman of Committees that a Select 

Committee be appointed to consider administrative services, accommodation and works, 

including works relating to security, within financial limits approved by the House 

Committee; 


Chairman of Committees be named of the Committee; 

Bp. Chelmsford 

B. McFarlane of LlandaV 

L. Cope of Berkeley E. Mar and Kellie 

B. Darcy de Knayth L. Roper 

L. Dixon L. Shaw of Northstead 

L. Grocott B. Wilkins 

L. Kirkham L. Williamson of Horton; 



18. Works of Art—It was moved by the Chairman of Committees that a Select Committee be 

appointed to administer the House of Lords Works of Art Collection Fund; and to consider 

matters relating to works of art and the artistic heritage in the House of Lords, within financial 

limits approved by the House Committee; 


Committee; 

L. Bernstein of Craigweil E. Onslow 

V. Chandos L. Redesdale 

L. Cobbold L. Rees 

L. Crathorne (Chairman) L. Rees-Mogg 

L. Eames L. TordoV 

L. Luke B. Warwick of UndercliVe; 



19. Hybrid Instruments—It was moved by the Chairman of Committees that a Select Committee be 

appointed to consider hybrid instruments and that, as proposed by the Committee of 

Selection, the following Lords together with the Chairman of Committees be named of the 

Committee: 

L. Campbell of Alloway L. Harrison 

V. Craigavon L. Luke 

B. Fookes L. Sandberg; 

L. Grantchester 


20. Personal Bills—It was moved by the Chairman of Committees that a Select Committee be 

appointed to consider personal bills and that, as proposed by the Committee of Selection, the 

following Lords together with the Chairman of Committees be named of the Committee: 

V. Allenby of Megiddo L. Slynn of Hadley 

L. Geddes L. Templeman 

V. Simon B. Thomas of Walliswood;

38 6th-7th December 

2004 


21. Standing Orders (Private Bills)— It was moved by the Chairman of Committees that a Select 

Committee on the Standing Orders relating to private bills be appointed and that, as proposed 

by the Committee of Selection, the following Lords together with the Chairman of 

Committees be named of the Committee: 

L. Geddes L. Naseby 

B. Gould of Potternewton L. Palmer 

L. Greaves V. Simon; 

L. Luke 


22. Agriculture (Northern Ireland) Order 2004—It was moved by the Baroness Farrington of 

Ribbleton that the draft Order be referred to a Grand Committee; the motion was agreed to. 

23. Financial Provisions (Northern Ireland) Order 2004—It was moved by the Baroness Farrington 

of Ribbleton that the draft Order be referred to a Grand Committee; the motion was agreed to. 

24. Disability Discrimination Bill [HL]— It was moved by the Baroness Hollis of Heigham that the 

bill be now read a second time; after debate, the motion was agreed to and the bill was 

committed to a Grand Committee. 

25. Extradition to the United States—The Lord Goodhart asked Her Majesty’s Government whether 

they will reconsider the current legal provisions governing extradition to the United States; 

after debate, the question was answered by the Lord Bassam of Brighton. 

The House was adjourned at twelve minutes before seven o’clock 


Tuesday 7th December 2004 



Ackner, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 


Alli, L. 

Alliance, L. 


Ampthill, L. 

Andrews, B. 



Arran, E. 



Astor, V. 


Attlee, E. 

Avebury, L. 



Barker, B. 

Barnett, L. 



Bell, L. 

Belstead, L. 

Berkeley, L. 


BiVen, L. 


Birt, L. 




Blackwell, L. 

Blaker, L. 

Blatch, B. 

Bledisloe, V. 


Boothroyd, B. 

Borrie, L. 



Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridge of Harwich, L. 

Bridgeman, V. 

Brittan of Spennithorne, L. 



Brookman, L. 



Burlison, L. 

Burnham, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 











Carter, L. 





Chan, L. 

Chandos, V. 

Chapman, B. 


Chester, Bp. 

Chilver, L. 

Chorley, L. 





Cobbold, L. 

Cockfield, L. 


Colwyn, L. 

Condon, L. 

Cooke of Thorndon, L. 



Courtown, E. 

Craig of Radley, L.


39 

Craigavon, V. 

Crathorne, L. 

Crawford and Balcarres, E. 

Crawley, B. 


Croham, L. 

Cuckney, L. 



David, B. 



Dearing, L. 

Denham, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Durham, Bp. 

Dykes, L. 

Eames, L. 



Elder, L. 

Elles, B. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Fearn, L. 

Feldman, L. 

Fellowes, L. 

Ferrers, E. 


Fitt, L. 

Fookes, B. 


Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 



Geddes, L. 

Giddens, L. 

Gilbert, L. 


Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 

Goschen, V. 

Goudie, B. 



Grabiner, L. 




Greenway, L. 

Gregson, L. 

GriYths, L. 



Grocott, L. 

Habgood, L. 

Hamwee, B. 

Hanham, B. 



Harris of Peckham, L. 


Harrison, L. 


Haskel, L. 

Haskins, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Healey, L. 

Henig, B. 

Henley, L. 

Heseltine, L. 

Higgins, L. 



Hogg, B. 



Home, E. 

Hooper, B. 

Hooson, L. 




Howe, E. 






Hoyle, L. 






Hutchinson of Lullington, L. 

Hylton, L. 

Imbert, L. 

Inge, L. 

Inglewood, L. 




Jellicoe, E. 


Jones, L. 

Jopling, L. 

Judd, L. 

Kalms, L. 



Kimball, L. 



Kingsdown, L. 

Kingsland, L. 

Kirkham, L. 

Kirkhill, L. 

Laidlaw, L. 


Laird, L. 

Laming, L. 


Layard, L. 


Leitch, L. 



Lindsay, E. 


Lipsey, L. 

Listowel, E. 

Liverpool, E. 



Lockwood, B. 


London, Bp. 

Lucas, L. 

Luke, L. 


McCluskey, L. 

McDonagh, B. 













McNally, L. 

Maddock, B. 


Mallalieu, B. 


Mancroft, L. 

Mar, C. 



Marsh, L. 




Maxton, L. 



Methuen, L. 



Mishcon, L. 

Mitchell, L. 



Monson, L.


2004 


Montrose, D. 

Moore of Lower Marsh, L. 

Moran, L. 

Morgan, L. 


Morgan of Huyton, B. 



Moser, L. 


Moynihan, L. 


Naseby, L. 


Neuberger, B. 

Newby, L. 


Nicholls of Birkenhead, L. 

Nickson, L. 

Noakes, B. 



Northesk, E. 

Northover, B. 


Norwich, Bp. 



Onslow, E. 

Ouseley, L. 

Oxburgh, L. 

Palmer, L. 

Parekh, L. 


Parkinson, L. 


Patten, L. 

Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 



Phillips of Worth Matravers, L. 





Plumb, L. 




Prosser, B. 


Quinton, L. 

Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 



Rennard, L. 

Renton, L. 

Renton of Mount Harry, L. 

Richard, L. 

Rix, L. 




Rodger of Earlsferry, L. 


Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 

Rowlands, L. 




Saatchi, L. 

Sainsbury of Preston Candover, L. 







Sandwich, E. 

Sawyer, L. 


Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 

Sharman, L. 


Sharples, B. 


Sheldon, L. 



Simon, V. 


Skidelsky, L. 

Slim, V. 





Snape, L. 




Steinberg, L. 

Sterling of Plaistow, L. 

Stern, B. 


Stewartby, L. 


Strabolgi, L. 

Strange, B. 



Swinfen, L. 


Taverne, L. 



Tebbit, L. 


Tenby, V. 

Thatcher, B. 

Thomas of Gwydir, L. 





Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 



Uddin, B. 

Ullswater, V. 


Varley, L. 

Vinson, L. 



Wakeham, L. 

Waldegrave of North Hill, L. 




Walmsley, B. 


Warner, L. 

Warnock, B. 

Waverley, V. 



Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 








Winston, L. 

Wolfson, L. 

Woolf, L. 



Young of GraVham, L. 



41 



1. N (Kenya) (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—The 

petition of N praying for leave to appeal was presented and referred to an Appeal Committee. 

The petitioner’s certificate of public funding was lodged. 

Papers 



1. Environment—Report of the Royal Commission on Environmental Pollution: Turning 

the Tide: Addressing the Impact of Fisheries on the Marine Environment; (6392) 

2. Departmental Performance—Performance Reports for the— 

(i) Northern Ireland OYce; (6419) 

(ii) Department of Trade and Industry. (6422) 


on the Table: 

1. (i) Common Agricultural Policy Single Payment and Support Schemes (Cross 

Compliance) (England) Regulations 2004— (3196) 

(ii) Recreational Craft (Amendment) Regulations 2004— (3201) 


2. (i) Water Mergers (Modification of Enactments) Regulations 2004— (3202) 

(ii) Water Mergers (Determination of Turnover) Regulations 2004— (3206) 

laid under the Water Industry Act 1991; 

3. Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) Order 

2004, laid under the Enterprise Act 2002; (3204) 

4. Patents Act 2004 (Commencement No. 2 and Consequential, etc. and Transitional 

Provisions) Order 2004, laid under the Patents Act 2004; (3205) 

5. (i) Amendments to the Statutes of the Manchester Academy and Harris College, 

Oxford— (—) 

(ii) Amendments to the Statutes of the College of Saint John Baptist, Oxford— (—) 

laid under the Universities of Oxford and Cambridge Act 1923. 



Directions to the Nuclear Decommissioning Authority in respect of the following sites: 

(i) Bradwell— 

(ii) Berkeley— 

(iii) Capenhurst— 

(iv) Chapelcross— 

(v) Drigg— 

(vi) Dounreay— 

(vii) Dungeness A— 

(viii) Harwell— 

(ix) Hinkley Point A— 

(x) Hunterston A— 

(xi) Oldbury— 

(xii) Sellafield— 

(xiii) Sizewell A— 

(xiv) Springfields— 

(xv) Trawsfynydd— 

(xvi) Windscale— 

(xvii) Winfrith— 

(xviii) Wylfa— 

laid under the Energy Act 2004.


2004 


5. Merits of Statutory Instruments—The following report from the Select Committee was made and 

ordered to be printed: 

First Report, on the following aYrmative instrument: 

Draft Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2004. (HL 

Paper 10) 

6. Statutory Instruments—The 2nd Report from the Joint Committee was made on certain statutory 

instruments, including the following aYrmative instrument: 

Draft Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2004; 



7. Information—It was moved by the Chairman of Committees that a Select Committee be appointed 

to consider information and communications services, including the Library and the 

Parliamentary Archives, within financial limits approved by the House Committee; 


Committee: 

L. Avebury E. Erroll 

L. Baker of Dorking (Chairman) B. Gardner of Parkes 

L. Brooke of Alverthorpe B. Goudie 

L. Brougham and Vaux L. Haskel 

L. Craig of Radley L. Rodger of Earlsferry 

L. Drayson L. Smith of Clifton; 



8. Statutory Instruments—It was moved by the Chairman of Committees, pursuant to Standing 

Order 74 and the resolution of the House of 16th December 1997, that, as proposed by the 

Committee of Selection, the following Lords be appointed to join with a Committee of the 

Commons as the Joint Committee on Statutory Instruments: 

L. Brougham and Vaux L. Greenway 

L. Dykes L. Lea of Crondall 

B. Gale L. Mancroft; 


9. Parliamentary Broadcasting Unit Limited (PARBUL)— It was moved by the Chairman of 

Committees that, as proposed by the Committee of Selection, the following Lords be named 

as members of the Parliamentary Broadcasting Unit Limited (PARBUL): 

L. Brabazon of Tara L. Paul 

L. Burnham L. Thomson of Monifieth; 


10. Parliamentary OYce of Science and Technology (POST)—It was moved by the Chairman of 

Committees that, as proposed by the Committee of Selection, the following Lords be 

appointed to serve as members of the Board of the Parliamentary OYce of Science and 

Technology (POST): 

E. Erroll L. Oxburgh 

L. Flowers L. Winston; 


11. Constitutional Reform Bill [hl]— The report was received; amendments were moved and (by leave 

of the House) withdrawn; amendments were agreed to (see division lists 1 and 2); an 

amendment was disagreed to (see division list 3); amendments were agreed to; further 

consideration on report was adjourned. 

12. Borough Freedom (Family Succession) Bill [hl]— It was moved by the Lord Graham of 

Edmonton that the bill be now read a second time; after debate, the motion was agreed to and 

the bill was committed to a Committee of the Whole House. 

13. Constitutional Reform Bill [hl]— The bill was further considered on report; amendments were 

moved and (by leave of the House) withdrawn; amendments were agreed to; further 

consideration on report was adjourned after amendment 35. 

The House was adjourned at seventeen minutes before ten o’clock 



43 

DIVISIONS 

CONSTITUTIONAL REFORM BILL [HL] 

Division No. 1 

It was moved by the Lord Lloyd of Berwick, before Clause 1, to insert the new Clause (Lord Chancellor: 

membership of the House of Lords); which being objected to, the question was put thereupon, and the 

House divided: 

Contents … … … … … … 229 

Not-Contents … … … … … 206 

Ackner, L. 



Arran, E. 

Astor, V. 


Attlee, E. 



Bell, L. 

Belstead, L. 

BiVen, L. 

Blackwell, L. 

Blaker, L. 

Blatch, B. 

Bledisloe, V. 

Bramall, L. 


Bridgeman, V. 




Burnham, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 











Chilver, L. 

Chorley, L. 

Cobbold, L. 

Colwyn, L. 

Cope of Berkeley, L. [Teller] 

Courtown, E. 


Craigavon, V. 

Crathorne, L. 



Cuckney, L. 




Dearing, L. 

Denham, L. 



CONTENTS 

Dundee, E. 



Elles, B. 


Elton, L. 

Erroll, E. 

Falkland, V. 

Feldman, L. 

Ferrers, E. 


Fookes, B. 



Freeman, L. 

Freyberg, L. 



Geddes, L. 


Glentoran, L. 

Goschen, V. 

Greenway, L. 


Habgood, L. 

Hanham, B. 



Hayhoe, L. 

Henley, L. 

Heseltine, L. 

Higgins, L. 


Hogg, B. 

Home, E. 

Hooper, B. 


Howe, E. 






Hylton, L. 

Imbert, L. 

Jellicoe, E. 


Jopling, L. 

Kalms, L. 

Kimball, L. 


Kingsdown, L. 

Kingsland, L. 

Kirkham, L. 

Laidlaw, L. 


Laird, L. 


Lindsay, E. 

Listowel, E. 

Liverpool, E. 

Lloyd of Berwick, L. [Teller] 

London, Bp. 

Lucas, L. 

Luke, L. 








Mancroft, L. 

Mar, C. 






Monson, L. 


Montrose, D. 


Moran, L. 


Moser, L. 


Moynihan, L. 


Naseby, L. 



Nickson, L. 

Noakes, B. 



Northesk, E. 


Norwich, Bp. 

Onslow, E. 

Palmer, L. 


Parkinson, L. 

Patten, L. 


Peel, E. 




Pilkington of Oxenford, L.


2004 


Plumb, L. 



Quinton, L. 

Quirk, L. 

Rawlings, B. 

Reay, L. 

Rees, L. 

Rees-Mogg, L. 

Renton, L. 



Rogan, L. 


Saatchi, L. 






Sandwich, E. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 

Alli, L. 

Andrews, B. 



Avebury, L. 

Barker, B. 

Barnett, L. 


Berkeley, L. 




Borrie, L. 

Bragg, L. 

Brennan, L. 

Brett, L. 


Brookman, L. 


Burlison, L. 



Carter, L. 


Chandos, V. 

Chester, Bp. 





Condon, L. 


Crawley, B. 

D’Souza, B. 

David, B. 


Dholakia, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Dykes, L. 

Elder, L. 

Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sharples, B. 




Slim, V. 


Steinberg, L. 



Stewartby, L. 


Strange, B. 



Swinfen, L. 


Tebbit, L. 

Tenby, V. 

Thatcher, B. 

NOT-CONTENTS 





Falkender, B. 




Fearn, L. 

Fellowes, L. 


Gale, B. 

Garden, L. 

Giddens, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 

Goudie, B. 






Gregson, L. 


Grocott, L. [Teller] 

Hamwee, B. 



Harrison, L. 


Haskel, L. 

Haskins, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 




Hooson, L. 




Hoyle, L. 





Tugendhat, L. 

Ullswater, V. 

Vinson, L. 



Wakeham, L. 




Warnock, B. 

Wilcox, B. 




Wolfson, L. 




Hutchinson of Lullington, L. 

Inge, L. 



Jones, L. 

Judd, L. 



Kirkhill, L. 

Layard, L. 


Leitch, L. 



Lipsey, L. 


Lockwood, B. 


McDonagh, B. 









McNally, L. 

Maddock, B. 


Marsh, L. 



Maxton, L. 


Methuen, L. 


Mitchell, L. 

Morgan, L. 




Neuberger, B. 

Newby, L.


45 

Northover, B. 


Parekh, L. 


Pendry, L. 

Peston, L. 



Prosser, B. 


Radice, L. 



Razzall, L. 

Rea, L. 

Redesdale, L. 


Rennard, L. 

Richard, L. 




Rooker, L. 

Roper, L. 

Rosser, L. 

Rowlands, L. 




Sawyer, L. 


Sewel, L. 

Sharman, L. 


Sheldon, L. 


Simon, V. 





Stern, B. 


Taverne, L. 





Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Triesman, L. [Teller] 

Truscott, L. 



Uddin, B. 


Varley, L. 



Walmsley, B. 

Warner, L. 



Whitaker, B. 

Whitty, L. 

Wilkins, B. 



Winston, L. 



It was moved by the Lord Kingsland, before Clause 1, to insert the new Clause (Lord Chancellor: further 

qualification for appointment); which being objected to, the question was put thereupon, and the 


Contents … … … … … … 215 


Ackner, L. 


Ampthill, L. 


Astor, V. 


Attlee, E. 



Bell, L. 

Belstead, L. 

BiVen, L. 

Blackwell, L. 

Blaker, L. 

Bledisloe, V. 

Bramall, L. 


Bridgeman, V. 



Burnham, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 











CONTENTS 

Chester, Bp. 

Chilver, L. 

Chorley, L. 

Colwyn, L. 


Courtown, E. 


Craigavon, V. 

Crathorne, L. 


Cuckney, L. 

D’Souza, B. 




Denham, L. 



Dundee, E. 



Elles, B. 


Elton, L. 

Erroll, E. 

Falkland, V. 


Feldman, L. 

Ferrers, E. 


Fookes, B. 



Freeman, L. 



Geddes, L. 


Glentoran, L. 

Goschen, V. 

Greenway, L. 


Hanham, B. 


Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 

Home, E. 

Hooper, B. 

Hooson, L. 


Howe, E. 






Hylton, L. 

Imbert, L. 

Jellicoe, E. 


Jopling, L. 

Kalms, L. 

Kimball, L. 


Kingsland, L.


2004 

Kirkham, L. 

Laidlaw, L. 



Lindsay, E. 


Listowel, E. 

Liverpool, E. 



London, Bp. 

Lucas, L. 

Luke, L. 






Mancroft, L. 

Mar, C. 






Monson, L. 


Montrose, D. 



Moynihan, L. 


Naseby, L. 


Neuberger, B. 


Nickson, L. 

Noakes, B. 

Addington, L. 

Ahmed, L. 

Andrews, B. 



Avebury, L. 

Barker, B. 

Barnett, L. 


Berkeley, L. 





Borrie, L. 

Brennan, L. 

Brett, L. 


Brookman, L. 


Burlison, L. 


Carter, L. 


Chandos, V. 







Northesk, E. 


Norwich, Bp. 

Onslow, E. 

Palmer, L. 


Parkinson, L. 


Peel, E. 






Plumb, L. 



Rawlings, B. 

Rees, L. 

Rees-Mogg, L. 

Renton, L. 



Rogan, L. 


Saatchi, L. 






Sandwich, E. 

Seccombe, B. [Teller] 

Selborne, E. 

Selsdon, L. 

Sharples, B. 

NOT-CONTENTS 


Condon, L. 


Crawley, B. 

David, B. 


Dholakia, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Dykes, L. 

Elder, L. 





Falkender, B. 



Fearn, L. 


Gale, B. 

Garden, L. 

Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 

Goudie, B. 





Steinberg, L. 


Stern, B. 


Stewartby, L. 

Strange, B. 


Swinfen, L. 


Tebbit, L. 

Thatcher, B. 




Trefgarne, L. 


Tugendhat, L. 

Ullswater, V. 

Vinson, L. 


Wakeham, L. 



Walmsley, B. 


Warnock, B. 

Wilcox, B. 













Hamwee, B. 



Harrison, L. 


Haskel, L. 

Haskins, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 






Hoyle, L. 




Jones, L. 

Judd, L. 


Kirkhill, L.


47 


Leitch, L. 

Lipsey, L. 

Lockwood, B. 









McNally, L. 

Maddock, B. 






Mitchell, L. 

Morgan, L. 



Newby, L. 

Northover, B. 


Parekh, L. 


Pendry, L. 

Peston, L. 




Prosser, B. 



Razzall, L. 

Rea, L. 

Redesdale, L. 


Rennard, L. 

Richard, L. 




Rooker, L. 

Roper, L. 

Rosser, L. 

Rowlands, L. 




Sawyer, L. 

Sewel, L. 



Simon, V. 




Snape, L. 





Tenby, V. 


Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 


Truscott, L. 



Uddin, B. 


Varley, L. 



Warner, L. 



Whitaker, B. 

Whitty, L. 

Wilkins, B. 





It was moved by the Viscount Bledisloe, in Clause 1, page 1, line 13, to leave out subsections (4) to (6); 

which being objected to, the question was put thereupon, and the House divided: 

Contents … … … … … … 128 




Attlee, E. 

BiVen, L. 

Bledisloe, V. [Teller] 

Bridgeman, V. 



Burnham, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 







Chorley, L. 

Colwyn, L. 


Courtown, E. 


Crathorne, L. 



Denham, L. 



CONTENTS 

Dundee, E. 



Elton, L. 

Erroll, E. 

Feldman, L. 

Ferrers, E. 

Fookes, B. 




Geddes, L. 

Glentoran, L. 

Goschen, V. 

Greenway, L. 

Hanham, B. 

Hayhoe, L. 

Henley, L. 

Higgins, L. 

Hogg, B. 

Home, E. 


Howe, E. 




Jopling, L. 


Kimball, L. 

Kingsland, L. 

Laidlaw, L. 


Lindsay, E. 

Liverpool, E. 


Lucas, L. 

Luke, L. 




Mancroft, L. 

Mar, C. 






Monson, L. 

Montrose, D. 


Moynihan, L. 


Naseby, L. 

Nickson, L. 

Noakes, B. 



Northesk, E.


2004 


Onslow, E. 

Palmer, L. 



Peel, E. 





Rawlings, B. 

Rees, L. 

Renton, L. 


Addington, L. 

Ahmed, L. 

Ampthill, L. 

Andrews, B. 



Avebury, L. 

Barker, B. 






Borrie, L. 

Brennan, L. 

Brett, L. 


Brookman, L. 


Burlison, L. 


Carter, L. 


Chandos, V. 

Chester, Bp. 







Crawley, B. 

D’Souza, B. 


Dholakia, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Dykes, L. 

Elder, L. 





Falkland, V. 




Fearn, L. 



Gale, B. 

Garden, L. 

Rogan, L. 

Saatchi, L. 




Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sharples, B. 



Skidelsky, L. 


Steinberg, L. 

NOT-CONTENTS 

Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 

Goudie, B. 







Hamwee, B. 



Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 




Hooson, L. 




Hoyle, L. 





Jones, L. 

Judd, L. 



Kirkhill, L. 

Layard, L. 


Leitch, L. 



Lipsey, L. 

Lockwood, B. 


McDonagh, B. 







Strange, B. 


Swinfen, L. 


Thatcher, B. 



Trefgarne, L. 

Tugendhat, L. 

Ullswater, V. 

Wakeham, L. 

Wilcox, B. 



McNally, L. 

Maddock, B. 





Mitchell, L. 

Morgan, L. 



Neuberger, B. 

Newby, L. 

Northover, B. 


Parekh, L. 


Pendry, L. 

Peston, L. 




Prosser, B. 



Razzall, L. 

Redesdale, L. 


Rennard, L. 

Richard, L. 




Rooker, L. 

Roper, L. 

Rosser, L. 

Rowlands, L. 




Sawyer, L. 


Sewel, L. 



Simon, V. 



Snape, L. 




Thornton, B.


49 

Tomlinson, L. 

Tope, L. 

TordoV, L. 


Truscott, L. 



Uddin, B. 




Walmsley, B. 

Warner, L. 

Whitaker, B. 

Whitty, L. 

Wilkins, B. 





Wednesday 8th December 2004 



Ackner, L. 

Addington, L. 

Ahmed, L. 

Alliance, L. 


Ampthill, L. 

Andrews, B. 






Attlee, E. 

Avebury, L. 


Barker, B. 

Barnett, L. 



BiVen, L. 


Birt, L. 

Bledisloe, V. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 



Brookman, L. 



Burlison, L. 

Burnham, L. 

Buscombe, B. 


Byford, B. 




Canterbury, Abp. 







Carter, L. 

Chan, L. 

Chapman, B. 

Chester, Bp. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 



Colwyn, L. 

Condon, L. 



Courtown, E. 


Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Cuckney, L. 





David, B. 




Dearing, L. 

Denham, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dykes, L. 

Eatwell, L. 

Elder, L. 


Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Fellowes, L. 

Ferrers, E. 

Fitt, L. 

Fookes, B. 

Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 


Geddes, L. 

Giddens, L. 


Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 



Greenway, L. 

Gregson, L. 

Grocott, L. 

Hamwee, B. 




Harrison, L. 


Haskins, L. 

Haworth, L. 

Hayhoe, L. 

Henig, B. 

Henley, L. 

Higgins, L. 




Hooper, B. 

Hooson, L. 


Howarth of Breckland, B.


2004 

Howe, E. 






Hoyle, L. 





Hylton, L. 

Inglewood, L. 



Jellicoe, E. 

Jones, L. 

Jopling, L. 

Judd, L. 

Kalms, L. 


Kimball, L. 



Kingsdown, L. 

Kingsland, L. 

Kirkhill, L. 

Knight of Collingtree, B. 


Laird, L. 

Laming, L. 

Layard, L. 


Levy, L. 


Lindsay, E. 


Lipsey, L. 

Listowel, E. 

Liverpool, E. 




Lucas, L. 

Ludford, B. 

Luke, L. 










McNally, L. 


Mallalieu, B. 

Mar, C. 



Marsh, L. 




Maxton, L. 



Methuen, L. 



Mitchell, L. 



Monson, L. 







Moynihan, L. 

Murphy, B. 


Naseby, L. 

Neuberger, B. 


Noakes, B. 


Northesk, E. 

Northover, B. 




Ouseley, L. 

Owen, L. 

Oxburgh, L. 

Palmer, L. 

Parekh, L. 


Parkinson, L. 


Paul, L. 

Peel, E. 

Pendry, L. 


Peston, L. 




Plumb, L. 



Prosser, B. 


Quirk, L. 

Radice, L. 



Rawlings, B. 

Rawlinson of Ewell, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 

Rennard, L. 

Renton, L. 


Richard, L. 




Rogan, L. 


Rooker, L. 

Roper, L. 

Rosslyn, E. 








Sandwich, E. 

Sawyer, L. 


Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 



Simon, V. 


Slim, V. 



Snape, L. 




Stern, B. 


Stewartby, L. 


Strabolgi, L. 

Strange, B. 



Swinfen, L. 


Taverne, L. 


Tebbit, L. 




Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Uddin, B. 




Wakeham, L. 




Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 

Watson of Richmond, L.


51 

Waverley, V. 


Weidenfeld, L. 

Whitaker, B. 

Wilcox, B. 

Wilkins, B. 





Winston, L. 






1. College of Estate Management (Respondents) v. Her Majesty’s Commissioners of Customs and 

Excise (Appellants) (England)—The appeal of Her Majesty’s Commissioners of Customs and 

Excise was presented and it was ordered that in accordance with Standing Order VI the 

statement and appendix thereto be lodged on or before 19th January 2005. 

2. West Bromwich Building Society (Appellants) v. Wilkinson and another (Respondents) 

(England)—The appeal of West Bromwich Building Society was presented and it was ordered 

that in accordance with Standing Order VI the statement and appendix thereto be lodged on 

or before 19th January 2005. 

3. Blackburn Chemicals Limited (Petitioners) v. Bim Kemi AB (Respondents)—The petition of 

Blackburn Chemicals Limited praying for leave to appeal was presented and referred to an 

Appeal Committee. 

4. R (on the application of Hammond) (Respondent) v. Secretary of State for the Home Department 

(Petitioner)—The petition of the Secretary of State for the Home Department praying for 

leave to appeal in accordance with the Administration of Justice Act 1960 was presented and 


5. In re McClean (Original Respondent and Cross-appellant) (On Appeal from the Court of Appeal 

Northern Ireland) (Northern Ireland)—The petition of the original appellants praying that 

the time for lodging the statement and appendix and setting down the cause for hearing might 

be extended to 19th January 2005 (the agents for the original respondent consenting thereto) 

was presented; and it was ordered as prayed. 

6. Appeal Committee—The following Order was made pursuant to the 113th Report, Session 

2003–04: 

Trustees of the Robin Settlement (Petitioners) v. Trippier (Her Majesty’s Inspector of Taxes) 

(Respondent)—That leave to appeal be refused; that the respondent be at liberty to apply for 

her 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. 

Papers 

7. Instrument withdrawn—The following instrument, laid before the House on 24th November, was 

withdrawn: 

Draft Information and Consultation of Employees Regulations 2004. 



1. Environment—Delivering the Essentials of Life: Department for Environment Food and 

Rural AVairs’ Five Year Strategy; (6411) 

2. European Union—Treaty establishing a Constitution for Europe. (6429) 



Draft Information and Consultation of Employees Regulations 2004, laid under the 

Employment Relations Act 2004, together with an Explanatory Memorandum. 


on the Table: 

1. Child Minding and Day Care (Disclosure Functions) (England) Regulations 2004, laid 

under the Children Act 1989; (3136) 

2. (i) Non-Domestic Rating (Unoccupied Property) (England) (Amendment) Regulations 

2004— (3146) 

(ii) Non-Domestic Rating (Stud Farms) (England) Order 2004— (3151) 

(iii) Non-Domestic Rating (Former Agricultural Premises) (England) Order 2004— 

(3152) 

(iv) Non-Domestic Rating (Rural Settlements) (England) (Amendment) Order 2004— 

(3153) 

laid under the Local Government Finance Act 1988;


2004 

3. Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004, laid under 

the Plant Health Act 1967; (3213) 

4. (i) Insurance Accounts Directive (Lloyd’s Syndicate and Aggregate Accounts) 


(ii) Sea Fishing (Enforcement of Community Satellite Monitoring Measures) 

Amendment (Revocation) (England) Regulations 2004— (3227) 


5. Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2004, 

laid under the Fisheries Act 1981. (3226) 


11. Delegated Powers and Regulatory Reform—The following reports from the Select Committee 

were made and ordered to be printed: 

First Report, on the following bills and Act: 

International Organisations Bill [hl]; 

Inquiries Bill [hl]; 

Borough Freedom (Family Succession) Bill [hl]; 

Parliamentary Commissioner (Amendment) Bill [hl]; 

Age-Related Payments Act 2004; (HL Paper 12) 

2nd Report, on the following Orders: 

Proposal for the draft Regulatory Reform (Prison OYcers) (Industrial Action) Order 

2004; 

Proposal for the draft Regulatory Reform (Joint Nature Conservation Committee) Order 

2005; (HL Paper 13) 

3rd Report, on the proposal for the draft Regulatory Reform (Registration of Births and 

Deaths) (England and Wales) Order 2004. (HL Paper 14) 

12. Human Rights—The 3rd Report from the Joint Committee, Deaths in Custody, together with 

Appendices and Minutes, was made and ordered to be printed. (HL Paper 15) 


13. Succession to the Crown Bill [hl]— A bill to make provision about succession to the Crown and 

about Royal marriages was presented by the Lord Dubs, read a first time and ordered to be 

printed. (HL Bill 11) 

14. Business of the House—It was moved by the Lord Grocott, on behalf of the Lord President 

(Baroness Amos), that the debate on the motion in the name of the Baroness Linklater of 

Butterstone set down for today shall be limited to 4 hours; the motion was agreed to. 

15. Crime prevention (4-hour debate)— It was moved by the Baroness Linklater of Butterstone that 

there be laid before the House papers relating to the case for wider community involvement 

in determining policies relevant to crime prevention, alternatives to prison and the 

rehabilitation of oVenders, in the interests of public confidence in the criminal justice system; 

after debate, the motion was (by leave of the House) withdrawn. 

16. Vaccination programme—The Lord Hodgson of Astley Abbotts asked Her Majesty’s 

Government what they propose to do to increase the level of public trust in their vaccination 

and immunisation programme; after debate, the question was answered by the Lord Warner. 

The House was adjourned at twenty-nine minutes before eight o’clock 



Thursday 9th December 2004 



Ackner, L. 

Addington, L. 

Ahmed, L. 



Amos, B. 

Ampthill, L. 



Ashcroft, L. 




Attlee, E. 

Avebury, L. 



Barker, B.


53 

Barnett, L. 



Berkeley, L. 

Best, L. 


BiVen, L. 

Birt, L. 

Bledisloe, V. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 

Boyce, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 



Brookman, L. 



Burlison, L. 

Burnham, L. 

Buscombe, B. 







Carter, L. 


Chan, L. 

Chandos, V. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 



Colwyn, L. 

Condon, L. 




Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Cuckney, L. 









Dearing, L. 

Denham, L. 

Dixon, L. 


Donoughue, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 



Elder, L. 

Elles, B. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Ferrers, E. 

Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freeman, L. 

Gale, B. 

Garden, L. 


Geddes, L. 

Giddens, L. 


Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 




Greenway, L. 

Grenfell, L. 



Grocott, L. 

Hamwee, B. 

Hanham, B. 




Harrison, L. 

Haskel, L. 

Haworth, L. 

Hayhoe, L. 

Henig, B. 

Henley, L. 





Hooson, L. 



Howe, E. 






Hoyle, L. 






Hylton, L. 


Jacobs, L. 


Jopling, L. 

Judd, L. 

Kalms, L. 

Kimball, L. 



Kingsland, L. 

Kirkham, L. 

Kirkhill, L. 


Laird, L. 

Laming, L. 


Leitch, L. 




Lipsey, L. 

Listowel, E. 

Liverpool, E. 



Luke, L. 









McNally, L. 

Maddock, B. 


Mancroft, L. 

Mar, C. 



Marsh, L. 



Maxton, L. 




Methuen, L. 



Mishcon, L. 



Monson, L. 


Montrose, D. 


Morris of Aberavon, L.


2004 



Moser, L. 


Moynihan, L. 


Neuberger, B. 

Newby, L. 


Noakes, B. 


Northover, B. 




Onslow, E. 

Ouseley, L. 

Oxburgh, L. 

Palmer, L. 



Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 






Plumb, L. 



Prosser, B. 


Puttnam, L. 

Quirk, L. 


Rana, L. 


Rawlings, B. 

Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees-Mogg, L. 


Renton, L. 

Richard, L. 



Rochester, Bp. 



Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 








Sandwich, E. 

Sawyer, L. 


Seccombe, B. 

Selsdon, L. 

Sewel, L. 



Sheldon, L. 


Simon, V. 



Skidelsky, L. 

Slim, V. 




Snape, L. 




Stern, B. 


Strabolgi, L. 

Strange, B. 


Swinfen, L. 


Taverne, L. 



Tenby, V. 




Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Triesman, L. 


Truscott, L. 



Uddin, B. 

Ullswater, V. 




Wakeham, L. 



Walmsley, B. 

Walpole, L. 

Warnock, B. 


Waverley, V. 


Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 






Winston, L. 







1. Regina v. Immigration OYcer at Prague Airport and another (Respondents) ex parte European 

Roma Rights Centre and another (FC) and another and others (FC) (Appellants)—It was 

moved by the Lord Bingham of Cornhill, That the 7th Report from the Appellate Committee 

be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be 

dismissed insofar as it relates to the asylum issue but allowed insofar as it relates to the 

discrimination issue; that the Order of the Court of Appeal of 20th May 2003 and the Order 

of Mr Justice Burton in the High Court (Queen’s Bench Division) (Administrative Court) of 

10th October 2002 be set aside; that it be declared that “United Kingdom Immigration OYcers 

operating under the authority of the Home Secretary at Prague Airport discriminated against 

Roma who were seeking to travel from that airport to the United Kingdom by treating them 

less favourably on racial grounds than they treated others who were seeking to travel from 

that airport to the United Kingdom, contrary to section 1(1)(a) of the Race Relations Act 

1976”; that the question of costs be adjourned in order that the parties may make written 

submissions within 14 days; and that the costs of the publicly funded appellants in this House 

be taxed in accordance with the Access to Justice Act 1999. [2004] UKHL 55


55 

2. R (on the application of Jones and others) (Respondents) v. Ceredigion County Council 

(Appellants) (Civil Appeal from Her Majesty’s High Court of Justice) (England)—The appeal 

of Ceredigion County Council was presented and it was ordered that in accordance with 

Standing Order VI the statement and appendix thereto be lodged on or before 20th January 

2005 (lodged 8th December). 

3. Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Reynolds (FC) 

(Appellant)—The appeal was set down for hearing and referred to an Appellate Committee. 

4. Deep Vein Thrombosis and Air Travel Group Litigation (8 actions) (formerly 24 actions)—The 



(Respondents)—It was ordered that the appellants be allowed to prosecute the appeal without 

giving the usual security for costs as required by Standing Order (lodged 1st December). 



Regina v. Special Adjudicator (Respondent) ex parte Hoxha (FC) (Appellant)—That the 

petition of the OYce of the United Nations High Commissioner for Refugees that they might 

intervene in the said appeal by way of written submissions only be allowed. 

In re B (FC) (Appellant) (2002)—That the petition of the OYce of the United Nations High 

Commissioner for Refugees that they might intervene in the said appeal by way of written 

submissions only be allowed. 



Papers 



1. Health— 

(i) Fifth Report of the Shipman Enquiry: Safeguarding Patients: Lessons From the 

Past—Proposals For the Future; (6394) 

(ii) Government Response to the Fourth Report of the Shipman Enquiry: Safer 

Management of Controlled Drugs; (6434) 

2. Departmental Performance—Performance Report for— 

(i) HM Treasury— (6395) 

(ii) Department for Work and Pensions; (6397) 

3. Civil Contingencies—Civil Contingencies Act 2004: Consultation on the Draft Regulations 

and Guidance: Government consultation document; (6401) 

4. Electoral Law— 

(i) Government Response to the Report of the Electoral Commission: Voting for 

Change—An electoral law modernisation programme; (6426) 

(ii) Government Response to the Report of the Electoral Commission: Delivering 

Democracy? The future of postal voting; (6436) 

5. NATO—Protocols to the North Atlantic Treaty on the Accession of Bulgaria, Estonia, 

Latvia, Lithuania, Romania, the Slovak Republic and Slovenia. (6428) 



1. Draft Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005, 

laid under the Local Government Act 2000, together with an Explanatory Memorandum; 

2. Draft Representation of the People (Variation of Limits of Candidates’ Election 

Expenses) (City of London) Order 2005, laid under the Representation of the People Act 

1983, together with an Explanatory Memorandum; 

3. (i) Draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 

2005, together with an Explanatory Memorandum— 

(ii) Draft Scotland Act 1998 (Modifications of Schedule 5) Order 2005, together with an 

Explanatory Memorandum— 

(iii) Draft Scotland Act 1998 (River Tweed) Order 2005, together with an Explanatory 

Memorandum— 

laid under the Scotland Act 1998.


2004 


on the Table: 

1. (i) Rail Vehicle Accessibility (South West Trains Class 444 and Class 450 Vehicles) 

Exemption (Amendment) Order 2004— (3139) 

(ii) Rail Vehicle Accessibility (South Central Class 377/4) Exemption Order 2004— 

(3198) 

laid under the Disability Discrimination Act 1995; 

2. Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004, 

laid under the Fire and Rescue Services Act 2004; (3168) 

3. (i) Goods Vehicle Operators (Qualifications) (Amendment) Regulations 2004— (3222) 

(ii) Public Service Vehicle Operators (Qualifications) (Amendment) Regulations 2004— 

(3223) 


4. Electricity (Exemption from the Requirement for a Generation Licence) (Scotland) Order 

2004, laid under the Electricity Act 1989; (3225) 

5. Consumer Credit Act 1974 (Electronic Communications) Order 2004, laid under the 

Electronic Communications Act 2000; (3236) 

6. Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) 

Regulations 2004, laid under the Consumer Credit Act 1974; (3237) 

7. International Criminal Court Act 2001 (Elements of Crimes) (No. 2) Regulations 2004, 

laid under the International Criminal Court Act 2001; (3239) 

8. Artificial Insemination of Cattle (Animal Health) (England and Wales) (Amendment) 

(England) Regulations 2004, laid under the Animal Health and Welfare Act 1984; 

(3231) 

9. (i) Protection of Wrecks (Designation) (England) (No. 3) Order 2004— (3243) 

(ii) Protection of Wrecks (Designation) (England) (No. 2) Order 2004— (3249) 

laid under the Protection of Wrecks Act 1973; 

10. Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 

2004, laid under the Data Protection Act 1998. (3244) 



Report and Accounts for 2003–04 of the Sports Council for Wales, laid under the National 

Lottery etc. Act 1993. 


11. European Union—It was moved by the Chairman of Committees that the Lord Blackwell be 

appointed a member of the Select Committee; the motion was agreed to. 

12. Information—It was moved by the Chairman of Committees that the Lord Chadlington be 

appointed a member of the Select Committee; the motion was agreed to. 

13. Statutory Instruments—It was moved by the Chairman of Committees that the Lord Howard of 

Rising be appointed a Lords member of the Joint Committee on Statutory Instruments; the 

motion was agreed to. 

14. Tax Law Rewrite Bills—It was moved by the Chairman of Committees that a Select Committee of 

six Lords be appointed to join with the Committee appointed by the Commons to consider 

tax law rewrite bills, and in particular to consider whether each bill committed to it preserves 

the eVect of the existing law, subject to any minor changes which may be desirable; 


Committee: 

L. Blackwell L. Haskel 

B. Cohen of Pimlico L. Howe of Aberavon 

L. Goodhart L. Millett; 


Chairman; 





Committee think fit, be printed;


57 

That the procedure of the Joint Committee shall follow the procedure of select committees of 

the House of Commons when such procedure diVers from that of select committees of this 

House, and shall include the power of the chairman to select amendments; 



15. Inquiries Bill [hl]—It was moved by the Baroness Ashton of Upholland, on behalf of the Lord 

Falconer of Thoroton, that the bill be now read a second time; after debate, the motion was 

agreed to and the bill was committed to a Grand Committee. 

16. Criminal Defence Service (Choice in Very High Cost Cases) (Amendment No. 2) Regulations 

2004—It was moved by the Baroness Ashton of Upholland that the draft Regulations laid 

before the House on 21st October be approved; after debate, the motion was agreed to. 

17. Institute of Trade Mark Attorneys Order 2004—It was moved by the Baroness Ashton of 

Upholland that the draft Order laid before the House on 3rd November be approved; after 

debate, the motion was agreed to. 

18. Freedom of Information (Time for Compliance with Request) Regulations 2004—It was moved 

by the Baroness Ashton of Upholland that the draft Regulations laid before the House on 4th 

November be approved; after debate, the motion was agreed to. 

19. Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of 

Information) Order 2004—It was moved by the Baroness Ashton of Upholland that the draft 

Order laid before the House on 4th November be approved; after debate, the motion was 

agreed to. 

20. West Northamptonshire Development Corporation (Area and Constitution) Order 2004—It was 

moved by the Lord Rooker that the Order laid before the House on 13th May be approved; 


21. Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2004—It was moved by the 

Lord Rooker that the draft Regulations laid before the House on 2nd December be approved; 


22. Agency for International Trade Information and Co-operation (Legal Capacities) Order 2004—It 

was moved by the Baroness Crawley that the draft Order laid before the House on 16th 

September be approved; after debate, the motion was agreed to. 

23. International Criminal Court (Immunities and Privileges) Order 2004—It was moved by the 

Baroness Crawley that the draft Order laid before the House on 24th November be approved; 


24. European Communities (Definition of Treaties) (European Police OYce) Order 2004—It was 

moved by the Lord Triesman that the draft Order laid before the House on 24th November 

be approved; after debate, the motion was agreed to. 

25. European Communities (Immunities and Privileges of the European Police OYce) (Amendment) 

Order 2004—It was moved by the Lord Triesman that the draft Order laid before the House 

on 24th November be approved; the motion was agreed to. 

26. European Police College (Immunities and Privileges) Order 2004—It was moved by the Lord 

Triesman that the draft Order laid before the House on 24th November be approved; the 


27. Critical National Infrastructure—The Lord Harris of Haringey asked Her Majesty’s Government 

whether they are satisfied with the ability of the Critical National Infrastructure to withstand 

cyber-attack; after debate, the question was answered by the Lord Bassam of Brighton. 

The House was adjourned at twenty-one minutes past five o’clock 





Ackner, L. 

Addington, L. 

Ahmed, L. 





Alliance, L. 

Amos, B. 

Ampthill, L. 

Andrews, B. 



Armstrong of Ilminster, L.


2004 

Arran, E. 



Attlee, E. 

Avebury, L. 

Bach, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Bhatia, L. 

BiVen, L. 


Blatch, B. 

Blood, B. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 



Brookman, L. 



Buscombe, B. 




Carter, L. 

Chan, L. 

Chapman, B. 

Chester, Bp. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 

Colwyn, L. 

Condon, L. 



Courtown, E. 

Cox, B. 


Crathorne, L. 

Crawley, B. 


Croham, L. 




David, B. 



Dearing, L. 

Denham, L. 

Dholakia, L. 

Dixon, L. 


Donoughue, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 



Elder, L. 


Elles, B. 


Erroll, E. 



Ezra, L. 

Falkland, V. 




Fearn, L. 

Filkin, L. 

Fitt, L. 

Flather, B. 

Fookes, B. 


Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 



Giddens, L. 

Gilbert, L. 


Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goschen, V. 






Greenway, L. 

Gregson, L. 

GriYths, L. 


Grocott, L. 

Guthrie of Craigiebank, L. 

Hamwee, B. 




Harrison, L. 


Haskel, L. 

Haskins, L. 

Haworth, L. 

Hayhoe, L. 

Healey, L. 

Henig, B. 





Hooper, B. 

Hooson, L. 

Howe, E. 









Hylton, L. 


Jacobs, L. 




Jones, L. 

Jopling, L. 



Kimball, L. 


Kingsland, L. 

Laird, L. 





Leitch, L. 


Levy, L. 


Lindsay, E. 

Lipsey, L. 

Listowel, E. 




Lucas, L. 

Luke, L. 

Lyell, L. 


McDonagh, B. 












McNally, L. 

Maddock, B. 

Mancroft, L. 

Mar, C. 

Marsh, L. 




Maxton, L. 


Methuen, L. 

Miller of Chilthorne Domer, B.


59 

Mishcon, L. 



Monson, L. 


Montrose, D. 

Morgan, L. 





Moser, L. 


Murphy, B. 


Naseby, L. 

Neuberger, B. 

Newby, L. 


Noakes, B. 

Northesk, E. 

Northover, B. 


Ouseley, L. 

Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 



Patten, L. 

Paul, L. 


Pendry, L. 


Peston, L. 






Prosser, B. 


Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Renton, L. 

Richard, L. 

Rix, L. 






Rooker, L. 

Roper, L. 

Rosslyn, E. 

Rotherwick, L. 

Rowlands, L. 








Sandwich, E. 

Sawyer, L. 


Seccombe, B. 

Selborne, E. 


Sewel, L. 


Sharples, B. 


Sheldon, L. 


Simon, V. 


Skidelsky, L. 

Slim, V. 



Snape, L. 




Stewartby, L. 



Strabolgi, L. 

Strange, B. 



Swinfen, L. 


Taverne, L. 




Tenby, V. 




Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 



Wakeham, L. 



Walmsley, B. 

Walpole, L. 

Warnock, B. 





Whitaker, B. 

Wilcox, B. 

Wilkins, B. 





Winston, L. 





PRAYERS were read by the Lord Bishop of Chester. 

1. Lord Scarman—The Lord Chancellor acquainted the House that Lord Scarman, a member of the 

House, had died on 8th December 2004. 


2. A and others (Petitioners) (FC) and others v. Secretary of State for the Home Department 

(Respondent)—The petition of C and D praying for leave to appeal was presented and 

referred to an Appeal Committee. The petitioners’ certificates of public funding were lodged 

(lodged 6th December). 

3. London Borough of Waltham Forest (Respondents) v. Omilaju (Petitioner)—The petition of Folu 

Omilaju praying for leave to appeal was presented and referred to an Appeal Committee. 

4. Pirelli Cable Holding NV and others (Respondents) v. Her Majesty’s Commissioners of Inland 

Revenue (Appellants)—The appeal was set down for hearing and referred to an Appellate 

Committee.


2004 

5. N (FC) (Appellant) v. Secretary of State for the Home Department (Respondent)—The appeal was 

set down for hearing and referred to an Appellate Committee. 

6. Haward and others (Respondents) v. Fawcetts (a firm) (Appellants) and others—The appeal was 

set down for hearing and referred to an Appellate Committee. 

7. R (on the application of Bushell and others) (Respondents) v. Newcastle upon Tyne Licensing 

Justices and others (Appellants)—The petition of the appellants praying that the time for 


to 10th January 2005 (the agents for the respondents consenting thereto) was presented; and 


8. Ali (Respondent) v. Headteacher and Governors of Lord Grey School (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 25th January 2005 (the agents for the 

respondent consenting thereto) was presented; and it was ordered as prayed. 



Sutradhar (Petitioner) v. Natural Environment Research Council (Respondents)—That the 

petition be referred for hearing. 

Papers 



Departmental Performance—Performance Report for the Cabinet OYce. (6414) 

11. Statutory Instruments (Standing Order 71)—The following negative instruments, having been laid 

before the House on 10th December, were ordered to lie on the Table: 

1. Motor Cars (Driving Instruction) (Amendment) (No. 2) Regulations 2004, laid under the 

Road TraYc Act 1988; (3159) 

2. Medicines (Pharmacies) (Applications for Registration and Fees) Amendment 

Regulations 2004, laid under the Medicines Act 1968; (3197) 

3. Building (Amendment) (No. 3) Regulations 2004, laid under the Building Act 1984; 

(3210) 

4. Local Authorities (Categorisation) (England) (No. 2) Order 2004, laid under the Local 

Government Act 2003; (3211) 

5. Police (Amendment) Regulations 2004, laid under the Police Act 1996; (3216) 

6. (i) Medicines (Marketing Authorisations and Miscellaneous Amendments) Regulations 

2004— (3224) 

(ii) Feeding StuVs (Safety Requirements for Feed for Food-Producing Animals) 


(iii) Controls On Phentabromodiphenyl Ether And Octabromodiphenyl Ether (No. 2) 


(iv) Statistics of Trade (Customs and Excise) (Amendment) Regulations 2004— (3284) 


7. Joint Municipal Waste Management Strategies (Disapplication of Duties) (England) 

Regulations 2004, laid under the Waste and Emissions Trading Act 2003; (3242) 

8. (i) Motorways TraYc (England and Wales) (Amendment) Regulations 2004— (3258) 

(ii) Motorways TraYc (Scotland) (Amendment) (No. 2) Regulations 2004— (3261) 

laid under the Road TraYc Regulation Act 1984; 

9. Fireworks (Amendment) Regulations 2004, laid under the Fireworks Act 2003; (3262) 

10. Immigration (Claimant’s Credibility) Regulations 2004, laid under the Asylum and 

Immigration (Treatment of Claimants, etc.) Act 2004; (3263) 

11. Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2004, laid under the 

Employment Rights Act 1996; (3265) 

12. Pollution Prevention and Control (England and Wales) (Amendment) and Connected 

Provisions Regulations 2004, laid under the Pollution Prevention and Control Act 1999; 

(3276) 

13. OGCbuying.solutions Trading Fund (Appropriation of Additional Assets and 

Liabilities) Order 2004, laid under the Trading Funds Act 1973; (3277) 

14. General Food Regulations 2004, laid under the Food Safety Act 1990; (3279) 

15. Legal Aid in Criminal Proceedings (Costs) (Amendment No. 2) Rules (Northern Ireland) 

2004, laid under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981; 

(—)


61 

16. Companies (1986 Order) (International Accounting Standards and Other Accounting 

Amendments) Regulations (Northern Ireland) 2004, laid under the Northern Ireland Act 

2000. (—) 


on the Table: 

1. Access to the Countryside (Means of Access, Appeals) (England) Regulations 2004, laid 

under the Countryside and Rights of Way Act 2000; (3305) 

2. National Health Service (General Medical Services Contracts) (Prescription of Drugs 

etc.) (Amendment) Regulations 2004, laid under the National Health Service Act 1977; 

(3215) 

3. Non-Domestic Rating Contributions (England) (Amendment) Regulations 2004, laid 

under the Government Finance Act 1988. (3234) 



1. Accounts for 2003–04 of the Gloucester Education Action Zone, laid under the School 

Standards and Framework Act 1998, together with the Report of the Comptroller and 

Auditor General; 

2. Accounts for 2003–04 of the Sports Council for Northern Ireland Lottery Distribution, 

laid under the National Lottery etc. Act 1993, together with the Report of the 

Comptroller and Auditor General. 


14. Statutory Instruments—The minutes of proceedings of the Joint Committee for Session 2003–04 

were ordered to be printed. (HL Paper 16) 


15. Inquiries Bill [hl]—It was moved by the Lord Falconer of Thoroton that it be an instruction to the 

Grand Committee to which the Inquiries Bill has been committed that they consider the bill 

in the following order: 



Clause 45 Clauses 47 to 50; 

Schedule 2 


16. Education Bill [hl]—It was moved by the Lord Filkin that the bill be now read a second time; after 

debate, the motion was agreed to and the bill was committed to a Committee of the Whole 

House. 

17. Agriculture (Northern Ireland) Order 2004—The Grand Committee reported that it had 

considered the draft Order. 

18. Financial Provisions (Northern Ireland) Order 2004—The Grand Committee reported that it had 

considered the draft Order. 

19. Marine environment—The Baroness Miller of Chilthorne Domer asked Her Majesty’s 

Government what is the current state of the marine environment and what progress has been 

made in establishing a marine landscape classification; after debate, the question was 

answered by the Baroness Farrington of Ribbleton. 

The House was adjourned at six minutes past eight o’clock 


Tuesday 14th December 2004 



Ackner, L. 

Addington, L. 

Ahmed, L. 





Alliance, L. 

Amos, B. 

Ampthill, L. 

Andrews, B. 



Arran, E.


2004 



Attlee, E. 

Avebury, L. 

Bach, L. 



Barker, B. 

Barnett, L. 



Berkeley, L. 


Bhatia, L. 


BiVen, L. 

Birt, L. 


Blatch, B. 

Bledisloe, V. 

Blood, B. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 



Brookman, L. 



Brown of Eaton-under- 

Heywood, L. 

Burlison, L. 

Buscombe, B. 


Byford, B. 

Caithness, E. 








Carswell, L. 

Carter, L. 



Chan, L. 

Chandos, V. 

Chapman, B. 

Chester, Bp. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 


Colwyn, L. 



Courtown, E. 

Cox, B. 


Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Croham, L. 




David, B. 





Dearing, L. 

Denham, L. 

Dholakia, L. 

Dixon, L. 


Donoughue, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eames, L. 

Eatwell, L. 



Elder, L. 

Elles, B. 


Elton, L. 

Emerton, B. 



Ezra, L. 

Falkland, V. 




Fearn, L. 

Feldman, L. 

Ferrers, E. 

Filkin, L. 

Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 


Gavron, L. 

Geddes, L. 

Giddens, L. 

Gilbert, L. 


Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goschen, V. 



Grabiner, L. 



Greaves, L. 


Greenway, L. 

Gregson, L. 

Grenfell, L. 

GriYths, L. 



Grocott, L. 


Hamwee, B. 

Hanham, B. 



Harris of High Cross, L. 


Harrison, L. 


Haskel, L. 

Haskins, L. 


Haworth, L. 

Hayhoe, L. 

Henig, B. 

Henley, L. 

Higgins, L. 





Hooper, B. 

Hooson, L. 




Howe, E. 





Hoyle, L. 






Hylton, L. 

Inge, L. 

Inglewood, L. 


Jacobs, L. 




Jones, L. 

Jopling, L. 

Judd, L. 

Kimball, L. 



Kingsdown, L.


63 

Kingsland, L. 

Kirkhill, L. 


Laidlaw, L. 


Laird, L. 

Laming, L. 




Layard, L. 


Leitch, L. 



Lindsay, E. 


Lipsey, L. 

Liverpool, E. 



Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 












McNally, L. 

Maddock, B. 


Mancroft, L. 

Mar, C. 



Marsh, L. 




Maxton, L. 


Methuen, L. 



Mishcon, L. 

Mitchell, L. 



Monson, L. 


Montrose, D. 


Morgan, L. 






Murphy, B. 


Naseby, L. 

Newby, L. 


Noakes, B. 



Northesk, E. 

Northover, B. 



Onslow, E. 

Ouseley, L. 

Palmer, L. 

Parekh, L. 


Parkinson, L. 

Patel, L. 


Patten, L. 

Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 







Plumb, L. 



Prashar, B. 

Prosser, B. 


Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 



Renton, L. 

Richard, L. 

Rix, L. 




Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 









Sandwich, E. 

Sawyer, L. 


Scott of Foscote, L. 


Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 

Sharman, L. 


Sharples, B. 


Sheldon, L. 



Simon, V. 



Slim, V. 







Stallard, L. 


Steinberg, L. 

Stern, B. 


Stewartby, L. 



Strabolgi, L. 

Strange, B. 



Swinfen, L. 


Tanlaw, L. 



Tebbit, L. 






Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 


Varley, L. 

Waddington, L.


2004 


Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 




Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 






Woolf, L. 







1. OYce of the King’s Prosecutor, Brussels (Respondents) v. Armas (Appellant) and others (Criminal 

Appeal from Her Majesty’s High Court of Justice)—The appeal of Eddison Rodrigo Cando 

Armas was presented and ordered to be prosecuted subject to the procedures applicable 

thereto. 

2. R (on the application of Kent Pharmaceuticals Limited) (Petitioners) v. Director of the Serious 

Fraud OYce (Respondent)—The petition of Kent Pharmaceuticals Limited praying for leave 

to appeal was presented and referred to an Appeal Committee (lodged 8th December). 

3. Roberts (FC) (Appellant) v. Parole Board (Respondents)—The petition of the Secretary of State 

for the Home Department praying for leave to intervene in the said appeal was presented and 


4. Horton (Appellant) v. Sadler and others (Respondents)—The petition of the appellant praying that 


be extended to 25th January 2005 (the agents for the respondents consenting thereto) was 

presented; and it was ordered as prayed. 

5. Regina v. Walls (Respondent) (On Appeal from the Court of Appeal (Criminal Division))—The 

petition of the appellants was presented praying that the appeal be withdrawn on the terms 

agreed between the parties (the agents for the respondent consenting thereto); and it was 




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 and the Holmes Foundry Division Master 

Trust Fund and the Chrysler Canada Limited Supplemental Unemployment Benefit Plans) 

and others (Respondents) v. Stolzenberg and others and others (Petitioners)—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. 

Corbett (Petitioner) v. Bond Pearce (a firm) (Respondents)—That the respondents be invited 

to lodge objections by 5th January 2005. 

Papers 



1. Law Commission—Report from the Law Commission: Towards a Compulsory Purchase 

Code: (2) Procedure, Final Report; (6406) 

2. Departmental Performance—Performance Report for the— 

(i) Foreign and Commonwealth OYce; (6409) 

(ii) Department of Health; (6417) 

3. Boundary Commission for Scotland—Fifth Periodical Report of the Boundary 

Commission for Scotland. (6427) 



Draft Parliamentary Constituencies (Scotland) Order 2005, laid under the Parliamentary 

Constituencies Act 1986, together with an Explanatory Memorandum.


65 


on the Table: 

1. Fire and Rescue Services (National Framework) (England) Order 2004, laid under the 

Fire and Rescue Services Act 2004; (3217) 

2. Road Vehicles (Registration and Licensing) (Amendment) (No. 5) Regulations 2004, laid 

under the European Communities Act 1972; (3298) 

3. Road TraYc (Permitted Parking Area and Special Parking Area) (County of 

Hertfordshire) (District of East Hertfordshire) Order 2004, laid under the Road TraYc 

Act 1991; (3310) 

4. Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004, laid under the 

Local Government Finance Act 1988. (3315) 



1. Amendment to the Rates of Pay, Allowances and Pensions of the Royal Air Force, laid 

under the Air Force (Constitution) Act 1917; 

2. Twelfth Report of the OYce of the Oversight Commissioner for Northern Ireland, laid 

under the Police (Northern Ireland) Act 2000. 




2nd Report, on the following negative instrument: 

Education (School Performance Targets) (England) Regulations 2004. (HL Paper 17) 

12. Statutory Instruments—The 3rd Report from the Joint Committee was made on certain statutory 


Draft Information and Consultation of Employees Regulations 2004; 

Draft Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005; 

Draft Representation of the People (Variation of Limits of Candidates’ Election 

Expenses) (City of London) Order 2005; 



13. Agriculture (Northern Ireland) Order 2004—It was moved by the Lord President (Baroness Amos) 

that the draft Order laid before the House on 24th November be approved; the motion was 

agreed to. 

14. Financial Provisions (Northern Ireland) Order 2004—It was moved by the Lord President 

(Baroness Amos) that the draft Order laid before the House on 25th November be approved; 


15. Constitutional Reform Bill [hl]—The bill was further considered on report; amendments were 

moved and (by leave of the House) withdrawn; amendments were agreed to; further 

consideration on report was adjourned. 

16. Consolidated Fund Bill—A bill to authorise the use of resources for the service of the years ending 

with 31st March 2005 and 31st March 2006 and to apply certain sums out of the Consolidated 

Fund to the service of the years ending with 31st March 2005 and 31st March 2006 was 

brought from the Commons endorsed with the certificate of the Speaker that the bill is a 

money bill and read a first time. 

17. Criminal Justice Act 2003 (Categories of OVences) Order 2004—It was moved by the Baroness 

Scotland of Asthal that the draft Order laid before the House on 15th November be approved; 

then it was moved by the Lord Thomas of Gresford, as an amendment thereto, at end to insert 

“but that this House calls on Her Majesty’s Government to reconsider the policy furthered by 

the Order which undermines the presumption of innocence, will lead to wrongful convictions, 

and will thereby destroy public confidence in the criminal justice system”; after debate, the 

amendment was disagreed to (see division list); then the original motion was agreed to.


2004 

18. Constitutional Reform Bill [hl]—The bill was further considered on report; amendments were 

agreed to; amendments were moved and (by leave of the House) withdrawn; it was ordered 

that the bill be printed as amended. (HL Bill 12) 

The House was adjourned at twelve minutes past eleven o’clock 


DIVISION 

CRIMINAL JUSTICE ACT 2003 (CATEGORIES OF OFFENCES) ORDER 2004 

It was moved by the Lord Thomas of Gresford, as an amendment to the motion in the name of the 

Baroness Scotland of Asthal, at end to insert “but that this House calls on Her Majesty’s Government 

to reconsider the policy furthered by the Order which undermines the presumption of innocence, will 

lead to wrongful convictions, and will thereby destroy public confidence in the criminal justice system”; 


Contents … … … … … … 42 


Ackner, L. 

Alliance, L. 

Ampthill, L. 

Barker, B. 



Chester, Bp. 


Dholakia, L. [Teller] 

Ezra, L. 

Falkland, V. 


Garden, L. 

Goodhart, L. 

Amos, B. (Lord President) 

Andrews, B. 






Borrie, L. 

Brett, L. 


Brookman, L. 

Burlison, L. 


Carter, L. 





Crawley, B. 

David, B. 


Dixon, L. 

Donoughue, L. 

Dubs, L. 

Elder, L. 





Farrington of Ribbleton, B. [Teller] 

CONTENTS 

Hamwee, B. 


Hooson, L. 









McNally, L. 

Maddock, B. 


NOT-CONTENTS 

Filkin, L. 

Gale, B. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 






Haworth, L. 









Jones, L. 

Layard, L. 


Leitch, L. 

Lockwood, B. 









Northover, B. 




Thomas of Gresford, L. [Teller] 


TordoV, L. 


Walmsley, B. 

Walpole, L. 





Maxton, L. 


Parekh, L. 

Pendry, L. 



Rea, L. 


Rooker, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 


Simon, V. 




Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Varley, L. 


Warner, L. 

Whitaker, B. 

Wilkins, B. 



67 

Wednesday 15th December 2004 



Ackner, L. 

Addington, L. 

Ahmed, L. 

Alli, L. 

Amos, B. 

Ampthill, L. 




Arran, E. 

Ashcroft, L. 

Ashdown of Norton-sub- 

Hamdon, L. 



Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Bhatia, L. 


BiVen, L. 


Birt, L. 


Blatch, B. 

Bledisloe, V. 

Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bragg, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 


Broers, L. 



Brookman, L. 



Burlison, L. 

Burnham, L. 

Burns, L. 

Buscombe, B. 


Byford, B. 







Carter, L. 

Chan, L. 

Chandos, V. 

Chester, Bp. 

Chorley, L. 





Cobbold, L. 

Cockfield, L. 


Colwyn, L. 

Condon, L. 



Courtown, E. 

Cox, B. 


Craigavon, V. 

Crathorne, L. 

Crawley, B. 





David, B. 





Denham, L. 

Dholakia, L. 

Dixon, L. 


Donoughue, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eames, L. 



Elles, B. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Fearn, L. 

Ferrers, E. 

Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 


Geddes, L. 

Giddens, L. 

Gilbert, L. 


Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goschen, V. 




Greaves, L. 


Greenway, L. 

Gregson, L. 

Grenfell, L. 



Grocott, L. 

Hamwee, B. 




Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayhoe, L. 

Henley, L. 




Hooper, B. 

Hooson, L. 


Howe, E. 





Hoyle, L. 






Hylton, L.


2004 

Imbert, L. 

Inglewood, L. 


Jacobs, L. 


Jones, L. 

Jopling, L. 

Judd, L. 



Kimball, L. 



Kingsland, L. 

Kirkhill, L. 


Laidlaw, L. 

Laird, L. 

Laming, L. 





Leicester, Bp. 

Leitch, L. 



Lindsay, E. 


Lipsey, L. 

Listowel, E. 


Liverpool, E. 


Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 


McDonagh, B. 










McNally, L. 

Maddock, B. 


Mancroft, L. 

Mar, C. 



Marsh, L. 




Maxton, L. 




Mishcon, L. 



Monson, L. 


Montrose, D. 






Moynihan, L. 

Murphy, B. 


Naseby, L. 

Neuberger, B. 

Newby, L. 


Noakes, B. 



Northesk, E. 

Northover, B. 



Onslow, E. 

Ouseley, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 


Patel, L. 


Patten, L. 

Paul, L. 


Peel, E. 

Pendry, L. 

Peston, L. 






Plumb, L. 




Prashar, B. 

Prosser, B. 


Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 

Rennard, L. 

Renton, L. 

Richard, L. 




Rogan, L. 



Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 

Rowlands, L. 







Sandwich, E. 

Sawyer, L. 


Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 



Simon, V. 




Snape, L. 



Steinberg, L. 


Stewartby, L. 


Strabolgi, L. 

Strange, B. 


Swinfen, L. 


Tanlaw, L. 

Taverne, L. 







Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 

Varley, L. 


Wakeham, L. 




Walmsley, B. 

Walpole, L. 

Walton of Detchant, L.


69 

Warnock, B. 




Whitaker, B. 

Wilcox, B. 

Wilkins, B. 





Winston, L. 





1. Leave of Absence—Leave of absence was granted to the Lord Chancellor for Tuesday 21st 

December. 


2. Speed Investments Limited and others (Respondents) v. Formula One Holdings Limited and 

others (Petitioners)—The petition of Bambino Holdings Limited, Luc Argand and 

Emmanuele Argand-Rey praying for leave to appeal was presented and referred to an Appeal 

Committee (lodged 13th December). 

3. Topplan Estates Limited (Petitioners) v. Townley (Respondent)—The petition of Topplan Estates 

Limited praying for leave to appeal was presented and referred to an Appeal Committee. 

4. CMA CGM SA (Original Appellants and Cross-respondents) v. Classica Shipping Company 

Limited (Original Respondents and Cross-petitioners)—The petition of Classica Shipping 

Company Limited praying for leave to cross-appeal was presented and referred to an Appeal 


5. Appeal Committee—The following Order was made pursuant to the First Report: 

R (on the application of Tromans and another) (Respondents) v. Cannock Chase District 

Council (Petitioners)—That leave to appeal be refused; that the respondents be at liberty to 



parties. 



R (on the application of DFS Furniture Company plc) (Petitioners) v. Her Majesty’s 

Commissioners of Customs and Excise (Respondents)—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. 

Reed Executive plc and others (Petitioners) v. Reed Business Information Limited and others 

(Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply 



Midland Mainline Limited and others (Petitioners) v. Commercial Union Assurance 

Company Limited and others and others (Respondents)—That leave to appeal be given; and 

that the petition of appeal be lodged by 5th January 2005. 

Her Majesty’s Commissioners of Customs and Excise (Respondents) v. First Choice Holidays 

plc (Petitioners)—That leave to appeal be refused; that the respondents be at liberty to apply 





Roberts (FC) (Appellant) v. Parole Board (Respondents)—That the petition of the Secretary 

of State for the Home Department that he might be heard or otherwise intervene in the said 

appeal be allowed. 

Papers 



1. Finance—Treasury Minutes on the Thirty-fifth and Fortieth to Forty-third Reports from 

the Committee of Public Accounts; (6416) 

2. Defence—Minute from the Ministry of Defence, concerning the gifting of military 

equipment to the Iraqi Interim Government. (—)


2004 



Draft Local Authorities (Contracting Out of BID Levy Billing, Collection and Enforcement 

Functions) Order 2004, laid under the Deregulation and Contracting Out Act 1994, together 

with an Explanatory Memorandum. 

10. Negative Instrument—The following instrument were laid before the House and ordered to lie on 

the Table: 

Health Professions Council (Election Scheme) Rules Order of Council 2004, laid under the 

Health Professions Order 2001. (3318) 



1. Immigration (Designation of Travel Bans) (Amendment) Order 2004, laid under the 

Immigration Act 1971; (3316) 

2. (i) Report for 2002 and 2003 of the proceedings of the Agricultural Wages Board for 

Northern Ireland under the Agricultural Wages (Regulation) (Northern Ireland) 

Order 1977— 

(ii) Report and Accounts for 2003-04 of the General Consumer Council for Northern 

Ireland— 

(iii) Report and Accounts for 2003-04 of the Labour Relations Agency for Northern 

Ireland— 





4th Report, on the following bills: 

Disability Discrimination Bill [hl]; 

Public Services Ombudsman (Wales) Bill [hl]; 

Education Bill [hl]; 

Succession to the Crown Bill [hl]; (HL Paper 19) 

5th Report, on the following bill: 

Constitutional Reform Bill [hl]—Government amendments for Third Reading. (HL 

Paper 20) 

13. Constitution Committee—The First Report from the Select Committee, on the Inquiries Bill [hl], 

was made and ordered to be printed. (HL Paper 21) 


14. Mental Capacity Bill—A bill to make new provision relating to persons who lack capacity; to 

establish a superior court of record called the Court of Protection in place of the oYce of the 

Supreme Court called by that name; to make provision in connection with the Convention on 

the International Protection of Adults signed at the Hague on 13th January 2000; and for 

connected purposes was brought from the Commons, read a first time and ordered to be 


15. Mental Capacity Bill—It was ordered that the Explanatory Notes relating to the bill be printed. 

(HL Bill 13-EN) 


47 (No two stages of a Bill to be taken on one day) be dispensed with to allow the Consolidated 

Fund Bill to be taken through its remaining stages on Thursday 16th December; after debate, 


17. Education Bill [hl]—It was moved by the Lord Triesman, on behalf of the Lord Filkin, that it be 

an instruction to the Committee of the Whole House to which the Education Bill [hl] has been 

committed that they consider the bill in the following order: 









Clauses 28 to 45 Clause 96


71 


Clauses 46 to 49 Clauses 97 and 98 








Clauses 61 to 65 Clauses 120 to 124; 

Schedule 10 


18. Turkey and the European Union (Balloted debate)—It was moved by the Lord Cobbold that there 

be laid before the House papers relating to the proposed accession of Turkey to the European 

Union; after debate, the motion was (by leave of the House) withdrawn. 

19. Football (Balloted debate)—It was moved by the Lord Faulkner of Worcester that there be laid 

before the House papers relating to the state of English football; after debate, the motion was 

(by leave of the House) withdrawn. 

20. Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2005—It was moved by the 

Lord Davies of Oldham that the draft Regulations laid before the House on 8th November 


The House was adjourned at thirteen minutes past eight o’clock 



Thursday 16th December 2004 



Ackner, L. 

Addington, L. 

Ahmed, L. 


Ampthill, L. 

Andrews, B. 






Attlee, E. 

Avebury, L. 

Bach, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Best, L. 

Bhatia, L. 

BiVen, L. 



Blatch, B. 

Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 

Broers, L. 



Brookman, L. 



Burlison, L. 

Burnham, L. 

Burns, L. 

Buscombe, B. 


Byford, B. 

Caithness, E. 








Carter, L. 


Chan, L. 

Chester, Bp. 

Chorley, L. 




Cobbold, L. 

Cockfield, L. 


Colwyn, L. 

Condon, L. 



Cox, B. 


Craigavon, V. 

Crathorne, L. 

Crawley, B. 





David, B. 





Denham, L. 

Dholakia, L. 

Dixon, L. 


Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 



Elles, B. 


Elton, L. 

Erroll, E. 

Evans of Parkside, L.


2004 


Ezra, L. 

Falkender, B. 




Feldman, L. 

Ferrers, E. 

Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freeman, L. 

Gale, B. 

Garden, L. 


Geddes, L. 

Giddens, L. 


Glentoran, L. 

Golding, B. 

Goodhart, L. 

Goschen, V. 



Greaves, L. 


Greenway, L. 

Grenfell, L. 


Grocott, L. 

Hanham, B. 




Harrison, L. 

Haworth, L. 

Hayhoe, L. 

Henig, B. 

Henley, L. 

Higgins, L. 






Hooper, B. 

Hooson, L. 



Howe, E. 





Hoyle, L. 





Hylton, L. 

Inge, L. 




Jones, L. 

Jopling, L. 

Judd, L. 



Kimball, L. 



Kingsland, L. 

Kirkhill, L. 



Laird, L. 

Laming, L. 






Leitch, L. 


Lipsey, L. 


Liverpool, E. 




Lucas, L. 

Luke, L. 

Lyell, L. 


McDonagh, B. 











McNally, L. 

Maddock, B. 

Mancroft, L. 

Mar, C. 






Maxton, L. 





Mishcon, L. 



Monson, L. 


Montrose, D. 

Morgan, L. 





Moser, L. 

Moynihan, L. 


Naseby, L. 

Neuberger, B. 

Newby, L. 

Noakes, B. 



Northesk, E. 

Northover, B. 



Onslow, E. 

Ouseley, L. 

Oxburgh, L. 

Palmer, L. 



Paul, L. 


Pendry, L. 


Peston, L. 








Prosser, B. 


Quirk, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 

Richard, L. 

Rix, L. 





Roper, L. 

Rosser, L. 

Rosslyn, E. 

Rowlands, L. 






Sandwich, E. 

Sawyer, L. 


Seccombe, B. 

Selsdon, L. 

Sewel, L. 



Sheldon, L. 


Simon, V. 



Slynn of Hadley, L.


73 



Snape, L. 





Stewartby, L. 


Strabolgi, L. 

Strange, B. 


Swinfen, L. 


Tanlaw, L. 



Tenby, V. 


Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 


Wakeham, L. 



Walmsley, B. 


Warnock, B. 


Whitaker, B. 

Wilcox, B. 

Wilkins, B. 












1. A (FC) and others (Appellants) v. Secretary of State for the Home Department (Respondent)— 

2. X (FC) and another (FC) (Appellants) v. Secretary of State for the Home Department 

(Respondent)— 

It was moved by the Lord Bingham of Cornhill, That the 8th Report from the Appellate 

Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the two 

Orders of the Court of Appeal of 25th October 2002 be set aside except insofar as they provide 

for detailed assessment of the appellants’ Legal Service Commission costs; that the Order of 

the Special Immigration Appeals Commission of 30th July 2002 be restored except for costs 

and amended in accordance with the declaration of this House; that there be a quashing order 

in respect of the Human Rights Act 1998 (Designated Derogation) Order 2001 (SI 2001 No. 

3644); that it be declared under section 4 of the Human Rights Act 1998 that: “Section 23 of 

the Anti-terrorism, Crime and Security Act 2001 is incompatible with Articles 5 and 14 of the 

European Convention for the Protection of Human Rights and Fundamental Freedoms 

insofar as it is disproportionate and permits detention of suspected international terrorists in 

a way that discriminates on the ground of nationality or immigration status”; that the 

Secretary of State for the Home Department do pay to the appellants in both appeals their 

costs before the Special Immigration Appeals Commission, in the Court of Appeal and in 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 appellants in this House be taxed 

in accordance with the Access to Justice Act 1999, such costs to include a certificate for two 

leading counsel and one junior counsel. [2004] UKHL 56 


(Appellants) (Civil Appeal from Her Majesty’s High Court of Justice)—The appeal was set 

down for hearing and referred to an Appellate Committee. 

4. Burton (Her Majesty’s Collector of Taxes) (Respondent) v. Mellham Limited (Appellants)—The 

petition of the appellants, praying that the appeal be restored and for leave to give security for 

costs notwithstanding that the time limited by Standing Order V has expired (the agents for 

the respondent consenting thereto), was presented; and it was ordered as prayed. 

5. Massey and another (Appellants) v. Boulden and another (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 31st January 2005 (the agents for the respondents 

consenting thereto) was presented; and it was ordered as prayed. 



R (on the application of Fisher and others) (Petitioners) v. English Nature (Respondents)— 

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. 

Codona (FC) (Petitioner) v. Mid Bedfordshire District Council (Respondents)—That leave to 

appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to 

Justice Act 1999; 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.


2004 



Habib Bank Limited (Petitioners) v. Iqbal (Respondent)—That the petition be referred for 

hearing. 

Habib Bank Limited (Respondents) v. Liverpool Freeport (Electronics) Limited and others 

and another (Petitioner) and one other action—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. 



CMA CGM SA (Original Appellants and Cross-respondents) v. Classica Shipping Company 

Limited (Original Respondents and Cross-petitioners)—That leave to cross-appeal be given; 

and that the petition of cross-appeal be lodged by 5th January 2005. 



Papers 



1. Disability—Disability Discrimination Bill: Consultation on private clubs; premises; the 

definition of disability and the questions procedure: Government consultation document; 

(6402) 

2. Works of Art—Export of Works of Art 2003–04: The Fiftieth Report of the Reviewing 

Committee; (6404) 

3. Police—Accounts for 2000–01 of the Metropolitan Police Fund Account, Inner London 

Magistrates’ Courts Service and Inner London Probation Service; (6432) 

4. Health—Government Response to the Report of the House of Commons Health Select 

Committee on Obesity; (6438) 

5. Criminal Defence Service Bill, Draft—Framework Document for the Criminal Defence 

Service Bill. (6439) 



1. (i) Draft Regulation of Investigatory Powers (Communications Data) (Amendment) 

Order 2005, together with an Explanatory Memorandum— 

(ii) Draft Regulation of Investigatory Powers (Directed Surveillance and Covert Human 

Intelligence Sources) (Amendment) Order 2005, together with an Explanatory 

Memorandum— 

laid under the Regulation of Investigatory Powers Act 2000; 

2. (i) Draft Industrial Training Levy (Engineering Construction Board) Order 2005, 

together with an Explanatory Memorandum— 

(ii) Draft Industrial Training Levy (Construction Board) Order 2005, together with an 


laid under the Industrial Training Act 1982. 


on the Table: 

1. Education (Company Directors Disqualification Act 1986: Amendments to 

Disqualification Provisions) (England) Regulations 2004, laid under the Education Act 

2002; (3264) 


Hertfordshire) (District of North Hertfordshire) Order 2004, laid under the Road TraYc 

Act 1991; (3246) 

3. Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment No. 2) 

Order 2004, laid under the Proceeds of Crime Act 2002. (3339) 



1. Report and Accounts for 2003–04 of Enterprise Ulster, laid under the Northern Ireland 

Act 2000; 

2. Report and Accounts for 2000 of the Loughs Agency, laid under the North/South Cooperation 

(Implementation Bodies) (Northern Ireland) Order 1999; 

3. Report by the Health Service Ombudsman: National Health Service Funding for Long 

Term Care, laid under the Health Service Commissioners Act 1993;


75 


4. Qualifying Revenue and Multiplex Revenue: Statement of Principles and Administrative 

Arrangements under the Broadcasting Act 1990 laid under that Act; 

5. Report for 2003 by the Registrar General on births and patterns of family building in 

England and Wales, laid under the Registration Service Act 1953. 

13. Public Services Ombudsman (Wales) Bill [hl]—It was moved by the Lord Evans of Temple Guiting 

that the bill be now read a second time; after debate, the motion was agreed to and the bill was 


14. International Organisations Bill [hl]—It was moved by the Baroness Symons of Vernham Dean 

that the bill be now read a second time; after debate, the motion was agreed to and the bill was 


15. Consolidated Fund Bill—It was moved by the Lord McIntosh of Haringey that the bill be now read 

a second time; the motion was agreed to and the Committee was negatived; then, Standing 

Order 47 having been dispensed with, the bill was read a third time and passed. 

16. European Communities (Amendment) Act 1993—It was moved by the Lord McIntosh of 

Haringey that this House takes note with approval of the Government’s assessment as set out 

in the Pre-Budget Report 2004 for the purposes of section 5 of the European Communities 

(Amendment) Act 1993; after debate, the motion was agreed to. 

17. Building Societies Act 1986 (International Accounting Standards and Other Accounting 

Amendments) Order 2004—It was moved by the Lord Davies of Oldham that the draft Order 

laid before the House on 11th October be approved; after debate, the motion was agreed to. 

18. Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 

2004—It was moved by the Lord Davies of Oldham that the Order laid before the House on 

16th November be approved; after debate, the motion was agreed to. 

19. Child Benefit and Guardian’s Allowance (Decisions and Appeals) (Amendment) Regulations 

2004—It was moved by the Baroness Hollis of Heigham that the draft Regulations laid before 

the House on 16th November be approved; after debate, the motion was agreed to. 

20. Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 


the House on 11th November be approved; the motion was agreed to. 

21. Royal Assent—The Lord Speaker (Baroness Gould of Potternewton) notified the Queen’s Assent 

to the following Act: 

Consolidated Fund (No. 2) Act c. 38 

The House was adjourned at twenty-three minutes past five o’clock 







Ackner, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 



Amos, B. 

Ampthill, L. 

Andrews, B. 




Arran, E. 



Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 


Barker, B. 

Barnett, L. 



Bell, L. 

Berkeley, L. 


Bhatia, L. 


BiVen, L. 


Birt, L. 


Blackwell, L. 

Blatch, B. 

Bledisloe, V. 

Blood, B. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 

Boyce, L. 


Bradshaw, L. 

Bramall, L. 

Brennan, L.


2004 


Bridgeman, V. 

Brightman, L. 





Brookman, L. 




Heywood, L. 

Burlison, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 







Carswell, L. 

Carter, L. 



Chan, L. 

Chandos, V. 

Chapman, B. 


Chilver, L. 






Cobbold, L. 

Cockfield, L. 


Colwyn, L. 

Condon, L. 



Courtown, E. 

Coventry, Bp. 

Cox, B. 

Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Cuckney, L. 


David, B. 




Dearing, L. 

Dholakia, L. 

Dixon, L. 


Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 



Elles, B. 


Elton, L. 

Emerton, B. 

Erroll, E. 


Ezra, L. 

Falkender, B. 

Falkland, V. 



Feldman, L. 

Ferrers, E. 

Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freeman, L. 

Freyberg, L. 

Gale, B. 

Garden, L. 



Gavron, L. 

Geddes, L. 

Giddens, L. 


Glentoran, L. 

Goldsmith, L. 

Goodhart, L. 

Goudie, B. 



Greaves, L. 


Greenway, L. 

Grenfell, L. 

GriYths, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 





Harrison, L. 

Haworth, L. 

Hayhoe, L. 

Healey, L. 

Henig, B. 

Henley, L. 

Higgins, L. 



Hogg, B. 


Hollick, L. 



Home, E. 

Hooper, B. 


Howe, E. 






Hoyle, L. 









JoVe, L. 

Jones, L. 

Jopling, L. 

Judd, L. 

Kalms, L. 


Kimball, L. 



Kingsland, L. 


Laird, L. 



Layard, L. 



Leitch, L. 




Lipsey, L. 

Listowel, E. 

Liverpool, E. 




London, Bp. 

Lucas, L. 

Luke, L. 

Lyell, L. 












McNally, L. 

Maddock, B. 


Mancroft, L. 

Mar, C. 





Maxton, L. 





Mishcon, L. 


Monro of Langholm, L.


77 

Monson, L. 


Montrose, D. 


Morgan, L. 






Moser, L. 




Neuberger, B. 

Newby, L. 



Noakes, B. 

Northesk, E. 

Northover, B. 



Onslow, E. 

Parekh, L. 


Patel, L. 


Patten, L. 

Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 







Prashar, B. 

Prosser, B. 


Quirk, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 

Richard, L. 





Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 

Rowlands, L. 









Sandberg, L. 

Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 


Selsdon, L. 

Sewel, L. 

Sharman, L. 


Sharples, B. 


Sheldon, L. 


Simon, V. 



Slim, V. 




Snape, L. 


Stallard, L. 


Steinberg, L. 

Stern, B. 

Stewartby, L. 



Strabolgi, L. 


Swinfen, L. 


Tanlaw, L. 

Taverne, L. 



Tebbit, L. 


Tenby, V. 





Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trenchard, V. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 


Varley, L. 


Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 





Whitaker, B. 

Whitty, L. 

Wilkins, B. 





Woolf, L. 





PRAYERS were read by the Lord Bishop of Worcester. 

Papers 

1. Instrument withdrawn—The following instrument, laid before the House on 16th December, was 

withdrawn: 

Industrial Training Levy (Engineering Construction Board) Order 2005. 



1. International Development—Report for 2003–04 of the Global Opportunities Fund; 

(6413) 

2. Charity—Government Response to the Report of the Voluntary Giving Task Force; 

(6431)


2004 

3. Departmental Performance—Report for the— 

(i) Department for Culture, Media and Sport; (6435) 

(ii) Inland Revenue; (6437) 

4. Defence—Minute from the Ministry of Defence, concerning the gifting of non-lethal 

military equipment to the Palestinian Authority. (—) 


before the House on 17th December, were ordered to lie on the Table: 

(i) Financial Services and Markets Act 2000 (Transitional Provisions) (General 

Insurance Intermediaries) Order 2004— (3351) 

(ii) Financial Services and Markets Act 2000 (Designated Professional Bodies) 

(Amendment) Order 2004— (3352) 

laid under the Financial Services and Markets Act 2000. 



Draft Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV for 

Northern Ireland Parties, etc) Order 2005, laid under the Political Parties, Elections and 

Referendums Act 2000, together with an Explanatory Memorandum. 


on the Table: 

1. Enterprise Act 2002 (Bodies Designated to make Super-complaints) (Amendment) Order 

2004, laid under the Enterprise Act 2002; (3366) 

2. Plant Health (Phytophthora kernovii Management Zone) (England) Order 2004, laid 

under the Plant Health Act 1967; (3367) 

3. Statement of Changes in Immigration Rules, laid under the Immigration Act 1971. (—) 



1. Report and Accounts for 2003–04 of English Heritage, laid under the National Heritage 

Act 1983; 

2. (i) Accounts for 2003–04 of the Independent Television Commission Additional 

Payments and Financial Penalties by Licensees Account, together with the Report of 

the Comptroller and Auditor General— 

(ii) Accounts for 2003–04 of the Radio Authority Additional Payments by Radio 

Licensees Account, together with the Report of the Comptroller and Auditor 

General— 

laid under the Broadcasting Act 1990; 

3. Accounts for 2003–04 of the OYce of Communications Licence Fees and Penalties 

Account, laid under the Communications Act 2003, together with the Report of the 


4. Accounts for 2003–04 of the Kent and Somerset Education Action Zone, laid under the 

School Standards and Framework Act 1998, together with the Report of the Comptroller 

and Auditor General; 

5. (i) Code of Practice for the Police National Computer— 

(ii) Report for 2003–04 of Her Majesty’s Chief Inspector of Constabulary— 

laid under the Police Act 1996. 


7. Private Bills—The Examiners’ certificates that the Standing Orders applicable to the petitions for 

the following bills have been complied with were delivered and ordered to lie on the Table: 

Liverpool City Council (Prohibition of Smoking in Places of Work); 

London Local Authorities; 

London Local Authorities and Transport for London; 

London Local Authorities (Prohibition of Smoking in Places of Work); 

Whitstable Oyster Fishery Company. 

8. HBOS Group Reorganisation Bill—The Examiner’s certificate that the Standing Orders 

applicable to the petition for the bill have not been complied with in respect of Standing 

Orders 4, 4A and 11 was delivered and referred to the Standing Orders Committee.


79 


9. School Transport Bill—A bill to make provision for school travel schemes; and for connected 

purposes was brought from the Commons, read a first time and ordered to be printed. (HL 

Bill 14) 

10. School Transport Bill—It was ordered that the Explanatory Notes relating to the bill be printed. 



that it be an instruction to the Grand Committee to which the Public Services Ombudsman 

(Wales) Bill [hl] has been committed that they consider the bill in the following order: 

Clause 1 Schedule 4 

Schedule 1 Clauses 35 and 36 

Clauses 2 to 10 Schedule 5 


Clauses 11 to 27 Schedules 6 and 7 

Schedule 3 Clauses 39 to 45; 

Clauses 28 to 34 


12. Constitutional Reform Bill [hl]—After debate, the bill was read a third time; amendments were 

agreed to; amendments were moved and (by leave of the House) withdrawn; amendments were 

disagreed to (see division lists 1 and 2); a privilege amendment was agreed to; the bill was 

passed and sent to the Commons. 

13. Religious attitudes—The Lord Bishop of Rochester asked Her Majesty’s Government, in the light 

of the international situation, what steps they are taking to support enlightened religious 

attitudes in the United Kingdom and overseas; after debate, the question was answered by the 

Baroness Scotland of Asthal. 

14. Charities Bill [hl]—A bill to provide for the establishment and functions of the Charity 

Commission for England and Wales and the Charity Appeal Tribunal; to make other 

amendments of the law about charities, including provision about charitable incorporated 

organisations; to make further provision about public charitable collections and other 

fundraising carried on in connection with charities and other institutions; to make other 

provision about the funding of such institutions; and for connected purposes was presented 

by the Baroness Scotland of Asthal, read a first time and ordered to be printed. (HL Bill 15) 

15. Charities Bill [hl]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL 

Bill 15-EN) 

The House was adjourned at seventeen minutes past nine o’clock 

till tomorrow, eleven o’clock. 

DIVISIONS 



It was moved by the Lord Lloyd of Berwick, before Clause 15, to insert the new Clause (House of Lords 

as a Supreme Court); which being objected to, the question was put thereupon, and the House divided: 

Contents … … … … … … 133 


Ackner, L. 




Attlee, E. 



Bell, L. 

BiVen, L. 

Blatch, B. 

Bowness, L. 


Bridgeman, V. 

Brightman, L. 

CONTENTS 





Buscombe, B. 

Byford, B. 

Caithness, E. 





Chilver, L. 

Colwyn, L. 


Courtown, E. 

Cox, B. 

Craigavon, V. 

Crathorne, L. 





Elles, B. 


Elton, L. 

Erroll, E. 

Feldman, L. 

Ferrers, E.


2004 

Flather, B. 

Fowler, L. 

Freeman, L. 



Geddes, L. 


Glentoran, L. 

Greenway, L. 

Hanham, B. 

Hayhoe, L. 

Henley, L. 

Higgins, L. 


Home, E. 

Hooper, B. 

Howe, E. 





Jopling, L. 

Kalms, L. 


Kimball, L. 


Kingsland, L. 


Laird, L. 


Liverpool, E. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 



Ampthill, L. 

Andrews, B. 



Avebury, L. 

Bach, L. 

Barker, B. 

Barnett, L. 


Berkeley, L. 


Bhatia, L. 




Bledisloe, V. 

Blood, B. 


Boothroyd, B. 

Bradshaw, L. 

Brennan, L. 


Brookman, L. 


Burlison, L. 



Carter, L. 

Chandos, V. 




Lucas, L. 

Lyell, L. 





Mancroft, L. 





Monson, L. 


Montrose, D. 






Noakes, B. 

Northesk, E. 


Onslow, E. 


Patten, L. 

Peel, E. 


Quirk, L. 

Rawlings, B. 

Rees-Mogg, L. 

NOT-CONTENTS 





Cobbold, L. 


Crawley, B. 

D’Souza, B. 

David, B. 


Davies of Oldham, L. [Teller] 


Dholakia, L. 

Dixon, L. 

Donoughue, L. 

Drayson, L. 

Dubs, L. 

Dykes, L. 

Eatwell, L. 




Falkland, V. 



Gale, B. 

Garden, L. 

Gavron, L. 

Giddens, L. 

Goldsmith, L. 

Goodhart, L. 

Goudie, B. 



Greaves, L. 


Renton, L. 

Rogan, L. 






Sharples, B. 




Slim, V. 


Steinberg, L. 

Stewartby, L. 



Swinfen, L. 


Tebbit, L. 


Trenchard, V. 


Tugendhat, L. 

Wakeham, L. 

Walpole, L. 




Grenfell, L. 



Hamwee, B. 




Harrison, L. 

Haworth, L. 



Hollick, L. 





Hoyle, L. 





Jones, L. 

Judd, L. 


Layard, L. 


Leitch, L. 



Lipsey, L. 

Listowel, E. 







81 





McNally, L. 

Maddock, B. 



Maxton, L. 



Mishcon, L. 

Morgan, L. 



Neuberger, B. 

Newby, L. 

Northover, B. 

Parekh, L. 


Paul, L. 

Pendry, L. 

Peston, L. 




Prashar, B. 




Razzall, L. 

Redesdale, L. 


Rennard, L. 

Richard, L. 




Rooker, L. 

Roper, L. 

Rosser, L. 





Sandberg, L. 

Sawyer, L. 


Sewel, L. 

Sharman, L. 


Sheldon, L. 


Simon, V. 


Snape, L. 




Tanlaw, L. 

Taverne, L. 



Tenby, V. 




Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Truscott, L. 


Turnberg, L. 


Uddin, B. 


Varley, L. 



Walmsley, B. 

Warner, L. 


Whitaker, B. 

Whitty, L. 

Wilkins, B. 








It was moved by the Lord Kingsland, in Clause 15, page 7, line 5, at end to insert “situated within the 

Palace of Westminster, but not entitled to use the chamber of the House of Lords for the hearing of 

appeals or the giving of judgments.”; which being objected to, the question was put thereupon, and the 


Contents … … … … … … 126 


Ackner, L. 



Attlee, E. 


Bell, L. 

BiVen, L. 

Blatch, B. 

Bowness, L. 


Bridgeman, V. 

Brightman, L. 




Buscombe, B. 

Byford, B. 

Caithness, E. 




Chilver, L. 

Cobbold, L. 


Colwyn, L. 


CONTENTS 

Courtown, E. 

Craigavon, V. 

Crathorne, L. 


Dearing, L. 



Elles, B. 


Elton, L. 

Erroll, E. 

Feldman, L. 

Ferrers, E. 

Flather, B. 

Fowler, L. 

Freeman, L. 



Geddes, L. 


Glentoran, L. 

Greenway, L. 

Hanham, B. 

Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 

Home, E. 

Hooper, B. 

Howe, E. 






Jopling, L. 

Kalms, L. 

Kimball, L. 


Kingsland, L. 


Laird, L. 



Liverpool, E. 


Lyell, L. 




Maginnis of Drumglass, L.


2004 

Mancroft, L. 

Mar, C. 





Monson, L. 


Montrose, D. 



Moser, L. 



Noakes, B. 

Northesk, E. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 



Ampthill, L. 

Andrews, B. 



Avebury, L. 

Bach, L. 

Barker, B. 

Barnett, L. 



Berkeley, L. 





Bledisloe, V. 

Blood, B. 


Boothroyd, B. 

Bradshaw, L. 

Brennan, L. 



Brookman, L. 


Burlison, L. 



Carter, L. 

Chan, L. 

Chandos, V. 







Crawley, B. 

D’Souza, B. 

David, B. 




Dholakia, L. 

Dixon, L. 

Donoughue, L. 



Patten, L. 

Peel, E. 

Quirk, L. 

Rawlings, B. 

Rees-Mogg, L. 

Renton, L. 

Rogan, L. 




Sandwich, E. 


Sharples, B. 


NOT-CONTENTS 

Drayson, L. 

Dubs, L. 

Dykes, L. 

Eatwell, L. 




Falkender, B. 



Gale, B. 

Garden, L. 

Gavron, L. 

Giddens, L. 

Goldsmith, L. 

Goodhart, L. 

Goudie, B. 



Greaves, L. 


Grenfell, L. 



Hamwee, B. 




Harrison, L. 

Haworth, L. 



Hollick, L. 





Hoyle, L. 






Jones, L. 

Judd, L. 


Layard, L. 


Leitch, L. 


Lipsey, L. 


Steinberg, L. 

Stewartby, L. 



Swinfen, L. 


Tebbit, L. 


Trenchard, V. 


Tugendhat, L. 

Wakeham, L. 

Warnock, B. 



Listowel, E. 










McNally, L. 

Maddock, B. 



Maxton, L. 



Mishcon, L. 

Morgan, L. 



Neuberger, B. 

Newby, L. 

Northover, B. 

Parekh, L. 


Paul, L. 

Peston, L. 



Prashar, B. 




Razzall, L. 

Redesdale, L. 


Rennard, L. 

Richard, L. 




Rooker, L. 

Roper, L. 

Rosser, L. 


Sandberg, L. 

Sawyer, L. 


Sewel, L. 

Sharman, L.

2004 20th-21st December 

83 


Simon, V. 





Taverne, L. 



Tenby, V. 




Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Truscott, L. 


Turnberg, L. 


Uddin, B. 


Varley, L. 



Walpole, L. 

Warner, L. 


Whitaker, B. 

Whitty, L. 

Wilkins, B. 







Tuesday 21st December 2004 

The House met at eleven o’clock. 


Ackner, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 



Amos, B. 

Ampthill, L. 

Andrews, B. 



Arran, E. 


Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 



Barker, B. 

Barnett, L. 



Berkeley, L. 

Bhatia, L. 


BiVen, L. 



Blatch, B. 

Bledisloe, V. 


Boothroyd, B. 

Borrie, L. 

Bowness, L. 


Bradshaw, L. 

Brennan, L. 

Bridgeman, V. 




Brookman, L. 



Burlison, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 




Carter, L. 

Chan, L. 

Chapman, B. 






Cobbold, L. 


Colwyn, L. 

Condon, L. 



Cox, B. 

Craigavon, V. 



David, B. 




Dholakia, L. 

Dixon, L. 


Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 


Elles, B. 

Elton, L. 

Emerton, B. 

Erroll, E. 


Falkender, B. 

Falkland, V. 




Fitt, L. 

Flather, B. 

Fowler, L. 


Freyberg, L. 

Gale, B. 

Garden, L. 



Geddes, L. 

Giddens, L. 

Glentoran, L. 

Goldsmith, L. 

Goschen, V. 

Goudie, B. 



Greaves, L. 


Greenway, L. 

Grenfell, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 





Harrison, L. 

Haworth, L. 

Henig, B. 

Henley, L. 






Hooper, B. 


Howe, E. 




Howells of St. Davids, B.


2004 


Hoyle, L. 









Jones, L. 

Jopling, L. 

Judd, L. 




Kingsland, L. 

Laird, L. 



Layard, L. 


Leitch, L. 


Lipsey, L. 

Listowel, E. 

Liverpool, E. 



Lucas, L. 

Luke, L. 

Lyell, L. 











McNally, L. 

Maddock, B. 



Mancroft, L. 

Mar, C. 





Maxton, L. 






Monson, L. 


Montrose, D. 


Morgan, L. 






Naseby, L. 

Neuberger, B. 

Newby, L. 


Northover, B. 



Ouseley, L. 

Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 



Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 






Prosser, B. 


Quirk, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 

Richard, L. 


Rogan, L. 

Rooker, L. 

Roper, L. 

Rosser, L. 






Sandberg, L. 

Sawyer, L. 


Seccombe, B. 

Selborne, E. 

Sewel, L. 

Sharples, B. 

Sheldon, L. 


Simon, V. 



Slim, V. 



Snape, L. 



Stern, B. 

Stewartby, L. 



Strabolgi, L. 


Swinfen, L. 


Taverne, L. 







Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 


Truscott, L. 


Turnberg, L. 

Uddin, B. 

Ullswater, V. 


Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warnock, B. 




Whitaker, B. 

Whitty, L. 

Wilkins, B. 







PRAYERS were read by the Lord Bishop of Oxford.


85 

Papers 



1. Charities Bill, Draft—Government Response to the Report of the Joint Committee on 

the Draft Charities Bill; (6440) 

2. Standards in Public Life—An Inquiry into an Application for Indefinite Leave to 

Remain. (—) 



1. Draft Industrial Training Levy (Engineering Construction Board) Order 2005, laid under 

the Industrial Training Act 1982, together with an Explanatory Memorandum; 

2. Draft Child Trust Funds (Amendment) Regulations 2005, laid under the Child Trust 

Funds Act 2004, together with an Explanatory Memorandum. 


on the Table: 

1. Education (School Performance Targets) (England) (Amendment) Regulations 2004, 

laid under the Education Act 1997; (3323) 

2. (i) Food with Added Phytosterols or Phytostanols (Labelling) (England) Regulations 

2004— (3344) 

(ii) Sweeteners in Food (Amendment) (England) Regulations 2004— (3348) 

laid under the Food Safety Act 1990; 

3. (i) Biofuel (Labelling) Regulations 2004— (3349) 

(ii) Electronic Commerce Directive (Financial Services and Markets) (Amendment) 


(iii) Life Assurance Consolidation Directive (Consequential Amendments) Regulations 

2004— (3379) 

(iv) Common Agricultural Policy Single Payment Scheme (Set-aside) (England) 



4. Protection of Children and Vulnerable Adults and Care Standards Tribunal 

(Amendment No. 2) Regulations 2004, laid under the Protection of Children Act 1999; 

(3354) 

5. Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No. 4) Order 2004, 

laid under the Criminal Justice and Police Act 2001; (3371) 

6. Child Trust Funds (Amendment No. 2) Regulations 2004, laid under the Child Trust 

Funds Act 2004. (3382) 



1. Report for 2003 on the Children Act, laid under the Children Act 1989; 

2. The Kent Acts—A Case for National Legislation, laid under the Kent County Council 

Act 2001; 

3. Report of the Registrar General on Mortality Statistics in England and Wales 2003, laid 

under the Registration Service Act 1953; 

4. Accounts for 2003–04 of the Scottish Screen National Lottery Distribution Account, laid 

under the National Lottery etc. Act 1993; 

5. Report for 2003–04 of the Northern Ireland Parades Commission, laid under the Public 

Processions (Northern Ireland) Act 1998. 




3rd Report, on the following negative instruments: 

Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) 

(England) Regulations 2004; 

Local Authorities (Categorisation) (England) (No. 2) Order 2004; 

Police (Amendment) Regulations 2004. (HL Paper 22)


2004 


6. Administration and Works Committee—It was moved by the Chairman of Committees that the 

First Report from the Select Committee (HL Paper 209, Session 2003-04) be agreed to; then 

it was moved by the Lord Stoddart of Swindon, as an amendment thereto, to leave out “agreed 

to” and insert “referred back to the Committee for further consideration, including: 

(a) consultation with Members of the House, staV of the House and others concerned 

with smokers’ rights, including the Freedom Organisation for the Right to Enjoy 

Smoking Tobacco; 

(b) consideration of the rights of smokers in any future plans for the Writing Room and 

the possible partition of the present Writing Room on a temporary basis; and 

(c) consideration of a possible reorganisation of the Bishops’ Bar so that smoking could 

be permitted in one of the two rooms.”; 

after debate, the amendment was disagreed to (see division list 1); then it was moved by the 

Baroness Howarth of Breckland, as a further amendment thereto, at end to insert “but with 

the omission of paragraph 14(b), and with the insertion after paragraph 13(j) of the following 

new paragraph— 

“13(k) the Peers’ Guest Room.””; 

after debate, the amendment was agreed to (see division list 2); then the original motion, as 

amended, was agreed to. 

7. Environmental Information Regulations 2004—It was moved by the Lord Whitty that the draft 

Regulations laid before the House on 27th October be approved; after debate, the motion was 

agreed to. 

8. Electricity and Gas (Energy EYciency Obligations) Order 2004—It was moved by the Lord Whitty 

that the draft Order laid before the House on 10th November be approved; after debate, the 


9. Information and Consultation of Employees Regulations 2004—It was moved by the Lord 

Sainsbury of Turville that the draft Regulations laid before the House on 8th December be 

approved; after debate, the motion was agreed to. 

10. Regulatory Reform (Unsolicited Goods and Services Act 1971) (Directory Entries and Demands 

for Payment) Order 2004—It was moved by the Lord Sainsbury of Turville that the draft 

Regulatory Reform Order laid before the House on 25th October be approved; after debate, 


11. Gulf War illnesses—The Lord Morris of Manchester asked Her Majesty’s Government what 

consideration they have given to the Report of the Independent Public Inquiry on Gulf War 

Illnesses, conducted by the Lord Lloyd of Berwick; after debate, the question was answered 

by the Lord Bach. 

The House was adjourned at eight minutes past five o’clock 

to Monday 10th January next, half-past two o’clock. 

DIVISIONS 

FIRST REPORT FROM THE ADMINISTRATION AND WORKS COMMITTEE, 

SESSION 2003-04 


It was moved by the Lord Stoddart of Swindon, as an amendment to the motion that the First Report 

from the Select Committee be agreed to, to leave out “agreed to” and insert “referred back to the 

Committee for further consideration, including: 

(a) consultation with Members of the House, staV of the House and others concerned with 

smokers’ rights, including the Freedom Organisation for the Right to Enjoy Smoking 

Tobacco; 

(b) consideration of the rights of smokers in any future plans for the Writing Room and the 

possible partition of the present Writing Room on a temporary basis; and 

(c) consideration of a possible reorganisation of the Bishops’ Bar so that smoking could be 

permitted in one of the two rooms.”; 


Contents … … … … … … 41 

Not-Contents … … … … … 116


87 

Blatch, B. 

Bledisloe, V. 

Boothroyd, B. 



Buscombe, B. 

Cobbold, L. 

Colwyn, L. 

D’Souza, B. 


Erroll, E. 

Fitt, L. 


Geddes, L. 

Ackner, L. 

Addington, L. 



Andrews, B. 


Avebury, L. 

Bach, L. 


Berkeley, L. 


Borrie, L. 

Bradshaw, L. 


Brookman, L. 


Chan, L. 





Condon, L. 



Craigavon, V. 


Dholakia, L. 

Dubs, L. 

Dykes, L. 



Faulkner of Worcester, L. [Teller] 


Gale, B. 

Garden, L. 



Greaves, L. 

CONTENTS 

Greenway, L. 


Harris of High Cross, L. [Teller] 

Liverpool, E. 

Lucas, L. 

Mancroft, L. 



Monson, L. [Teller] 


Naseby, L. 

Palmer, L. 



NOT-CONTENTS 

Grocott, L. 


Harris of Richmond, B. [Teller] 

Harrison, L. 

Henig, B. 



Howe, E. 




Hoyle, L. 






Judd, L. 


Laird, L. 









McNally, L. 

Maddock, B. 




Maxton, L. 


Montrose, D. 

Morgan, L. 


Neuberger, B. 

Quirk, L. 

Renton, L. 



Sharples, B. 





Trenchard, V. 


Walpole, L. 


Northover, B. 


Parekh, L. 

Pendry, L. 


Peston, L. 





Razzall, L. 

Rea, L. 



Rooker, L. 

Roper, L. 

Rosser, L. 



Simon, V. 

Strabolgi, L. 





Tomlinson, L. 

Trefgarne, L. 

Truscott, L. 

Turnberg, L. 

Uddin, B. 

Warnock, B. 


Whitaker, B. 

Whitty, L. 

Wilkins, B. 






It was moved by the Baroness Howarth of Breckland, as an amendment to the motion that the First 

Report from the Select Committee be agreed to, at end to insert “but with the omission of paragraph 

14(b), and with the insertion after paragraph 13(j) of the following new paragraph— 

“13(k) the Peers’ Guest Room.””; 


Contents … … … … … … 88* 

Not-Contents … … … … … 53* 

* The name of a Lord who voted in both lobbies has been removed from the voting lists.


2004 

Addington, L. 



Andrews, B. 

Avebury, L. 


Berkeley, L. 


Borrie, L. 

Bradshaw, L. 


Chan, L. 




Condon, L. 

Craigavon, V. 

D’Souza, B. 


Dholakia, L. 

Dubs, L. 


Faulkner of Worcester, L. [Teller] 


Gale, B. 

Garden, L. 

Goudie, B. 



Greaves, L. 


Bach, L. 

Bledisloe, V. 

Boothroyd, B. 

Brookman, L. 



Buscombe, B. 



Colwyn, L. 




Erroll, E. 


Fitt, L. 

CONTENTS 

Grocott, L. 





Howarth of Breckland, B. [Teller] 

Howe, E. 




Hoyle, L. 





Judd, L. 

Laird, L. 






McNally, L. 

Maddock, B. 



Maxton, L. 


Morgan, L. 


NOT-CONTENTS 


Geddes, L. 

Greenway, L. 





Kingsland, L. 

Liverpool, E. 

Lucas, L. 



Mancroft, L. 


Monson, L. 

Montrose, D. 

Naseby, L. 


Neuberger, B. 

Northover, B. 

Peston, L. 





Rea, L. 


Rooker, L. 

Rosser, L. 



Simon, V. 

Strabolgi, L. 




Tomlinson, L. 

Truscott, L. 

Turnberg, L. 

Uddin, B. 

Walpole, L. 

Whitaker, B. 

Wilkins, B. 




Palmer, L. [Teller] 

Parekh, L. 

Pendry, L. 

Quirk, L. 

Razzall, L. 

Renton, L. 



Seccombe, B. 

Skelmersdale, L. [Teller] 





Trenchard, V. 


Whitty, L. 

Williams of Elvel, L.

2005 10th January 

89 

Monday 10th January 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Adebowale, L. 

Ahmed, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 



Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Bhatia, L. 

BiVen, L. 


Birt, L. 


Blatch, B. 

Bledisloe, V. 

Boothroyd, B. 

Borrie, L. 

Bowness, L. 


Bradshaw, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 

Briggs, L. 



Brookman, L. 



Burlison, L. 

Byford, B. 

Caithness, E. 






Carter, L. 


Chapman, B. 








Cobbold, L. 

Cockfield, L. 


Colwyn, L. 

Condon, L. 

Cooke of Thorndon, L. 



Courtown, E. 

Cox, B. 


Craigavon, V. 

Crawley, B. 


Cuckney, L. 




Dearing, L. 

Denham, L. 

Dixon, L. 


Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 



Elles, B. 


Elton, L. 

Emerton, B. 



Ezra, L. 

Falkland, V. 




Fellowes, L. 

Filkin, L. 


Fitt, L. 

Flather, B. 


Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 



Geddes, L. 


Giddens, L. 

Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 





Greenway, L. 



Grocott, L. 


Hamwee, B. 

Hanham, B. 




Harrison, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 




Hollick, L. 



Howe, E. 






Hoyle, L. 






Hylton, L. 

Imbert, L. 

Inge, L. 



Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 


Kingsland, L. 

Kirkham, L. 

Kirkhill, L.


2005 

Laird, L. 





Leitch, L. 

Levy, L. 

Lindsay, E. 

Lipsey, L. 

Listowel, E. 


Lucas, L. 

Luke, L. 

Lyell, L. 













McNally, L. 

Maddock, B. 


Mallalieu, B. 

Mancroft, L. 

Mar, C. 



Marsh, L. 



Maxton, L. 






Mishcon, L. 



Morgan, L. 





Moser, L. 


Moynihan, L. 

Murphy, B. 

Newby, L. 


Noakes, B. 


Northesk, E. 

Northover, B. 



Ouseley, L. 

Oxburgh, L. 

Palmer, L. 



Paul, L. 


Pendry, L. 


Peston, L. 





Plumb, L. 


Prashar, B. 

Prosser, B. 


Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Redesdale, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 

Richard, L. 

Rix, L. 





Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 



St. Albans, Bp. 


Sandberg, L. 

Sawyer, L. 


Seccombe, B. 

Sewel, L. 


Sharples, B. 

Sheldon, L. 


Simon, V. 


Skidelsky, L. 

Slim, V. 



Snape, L. 


Stallard, L. 


Stewartby, L. 



Strabolgi, L. 



Swinfen, L. 


Taverne, L. 


Tebbit, L. 


Tenby, V. 




Thornton, B. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 



Wakeham, L. 




Warner, L. 

Warnock, B. 




Whitaker, B. 

Whitty, L. 

Wilcox, B. 





Winston, L. 







1. Lord Burnham—The Lord Chancellor acquainted the House that Lord Burnham, a member of 

the House, had died on 1st January 2005.


91 



Limited (Original Respondents and Cross-appellants) (England)—The cross-appeal of 

Classica Shipping Company Limited was presented and it was ordered that in accordance with 

Standing Order VI the statement and appendix thereto be lodged on or before 21st February 

(lodged 5th January). 

3. Fattal and another (Petitioners) v. John Lyon’s Charity (Respondents)—The petition of William 

Simon Fattal and Francine Fattal praying for leave to appeal was presented and referred to 

an Appeal Committee (lodged 20th December). 

4. Her Majesty’s Commissioners of Customs and Excise (Respondents) v. Barclays Bank plc 

(Petitioners)—The petition of Barclays Bank plc praying for leave to appeal was presented 

and referred to an Appeal Committee (lodged 22nd December). 

5. MH (by her litigation friend, OYcial Solicitor) (Respondent) v. Secretary of State for the 

Department of Health (Petitioner) and others—The petition of the Secretary of State for the 

Department of Health praying for leave to appeal was presented and referred to an Appeal 

Committee (lodged 5th January). 

6. Clays Lane Housing Co-operative Limited (Petitioners) v. Housing Corporation (Respondents)— 

The petition of Clays Lane Housing Co-operative Limited praying for leave to appeal was 

presented and referred to an Appeal Committee (lodged 5th January). 

7. Law Society (Respondents) v. Sephton & Co (a firm) (Petitioners) and another and others 

(Petitioners)—The petition of Sephton & Co, James Arthur Sephton, Philip Leslie Houlston 

and Alexander William Gordon Cunningham praying for leave to appeal was presented and 


8. Secretary of State for Work and Pensions (Petitioner) v. M (Respondent)—The petition of the 

Secretary of State for Work and Pensions praying for leave to appeal notwithstanding that 

the time limited by Standing Order II has expired was presented and referred to an Appeal 

Committee. 

9. Fengate Developments (a partnership) (Petitioners) v. Her Majesty’s Commissioners of Customs 

and Excise (Respondents)—The petition of Fengate Developments praying for leave to appeal 

notwithstanding that the time limited by Standing Order II has expired was presented and 


10. Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Reynolds (FC) 

(Appellant)—The petition of the Child Poverty Action Group praying for leave to intervene 

in the said appeal was presented and referred to an Appeal Committee. 

11. Searby (Appellant) v. Yorkshire Traction Company Limited (Respondents)—The appeal was set 

down for hearing and referred to an Appellate Committee (lodged 20th December). 

12. Roberts (FC) (Appellant) v. Parole Board (Respondents)—The appeal was set down for hearing 

and referred to an Appellate Committee. 

13. CMA CGM SA (Appellants) v. Classica Shipping Company Limited (Respondents)—The petition 


down the cause for hearing might be extended to 1st February (the agents for the respondents 

consenting thereto) was presented; and it was ordered as prayed (lodged 21st December). 

14. McFarlane (Appellant) v. McFarlane (Respondent)—The petition of the appellant praying that 


be extended to 23rd February (the agents for the respondent consenting thereto) was 

presented; and it was ordered as prayed.


2005 


(Respondent)—The petition of the appellant praying that the time for lodging the statement 

and appendix and setting down the cause for hearing might be extended to 23rd February (the 


16. Brown (Appellant) v. Scottish Ministers (Respondents) (Scotland)—The petition of the appellant 


hearing might be extended to 19th January (the agents for the respondents not consenting 

thereto) was presented and referred to an Appeal Committee (lodged 5th January). 

17. Watkins (Respondent) v. Home OYce (Appellants) and others—The petition of the appellants 


hearing might be extended to 21st February (the agents for the respondent consenting thereto) 



(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 February (the 

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


(Appellant)—The petition of the appellant praying that the time for lodging the statement and 

appendix and setting down the cause for hearing might be extended to 21st February (the 


20. In re D (a child appearing by her guardian ad litem) (Respondent) (FC)—The petition of the 


cause for hearing might be extended to 23rd February (the agents for the respondents 



Justices and others (Appellants)—The petition of the appellants praying that the time for 


to 24th January (the agents for the respondents consenting thereto) was presented; and it was 


Papers 

22. Instruments withdrawn—The following instruments, laid before the House on the dates shown, 

were withdrawn on 7th January 2005: 

1. Draft Industrial Training Levy (Engineering Construction Board) 2005; (21st December 

2004) 

2. Draft Industrial Training Levy (Construction Board) Order 2005. (16th December 2004) 

23. Instrument withdrawn—The following instrument, laid before the House on 9th December 2004, 

was withdrawn on 10th January 2005: 

Draft Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005. 



1. Service Weapons—Agreement between the United Kingdom and France concerning the 

carrying of service weapons by French OYcers on the territory of the United Kingdom, 

together with an Explanatory Memorandum; (7th January 2005) (6444) 

2. Transport—Government response to the Report from the House of Commons Transport 

Committee on TraYc Law and its Enforcement. (10th January 2005) (6442) 


before the House on the dates shown, were laid before the House and ordered to lie on the 

Table:


93 

S.I. No. 

Title, etc. 2004–05 

Date of Laying 

Negative instruments 

Town and Country Planning (General Development Procedure) 3340 22nd December 

(Amendment) (England) Order 2004, laid under the Town and 

Country Planning Act 1990; 

Planning (Listed Buildings and Conservation Areas) (Amendment) 3341 22nd December 

(No. 2) (England) Regulations 2004, laid under the Planning 

(Listed Buildings and Conservation Areas) Act 1990; 

National Health Service (Appointment of Consultants) Amendment 3365 22nd December 

Regulations 2004, laid under the National Health Service Act 

1977; 

Local Government Pension Scheme (Amendment) (No. 2) 3372 22nd December 

Regulations 2004, laid under the Superannuation Act 1972; 

Family Proceedings (Amendment) Rules 2004, laid under the 3375 22nd December 

Matrimonial and Family Proceedings Act 1984; 

Family Proceedings Courts (Children Act 1989) (Amendment) Rules 3376 22nd December 

2004, laid under the Magistrates’ Courts Act 1980; 

(i) Products of Animal Origin (Third Country Imports) (England) 3388 22nd December 

(No. 4) Regulations 2004— 

(ii) Greenhouse Gas Emissions Trading Scheme (Amendment) 3390 22nd December 

Regulations 2004— 


(i) Education (Independent School 

(Amendment) Regulations 2004— 

Standards) (England) 3374 23rd December 

(ii) Education (Provision of Information by Independent Schools) 

(England) (Amendment) Regulations 2004— 

3373 23rd December 

(i) 

laid under the Education Act 2002; 

LEA Budget, Schools Budget and Individual Schools Budget 

(England) Regulations 2004— 

3131 23rd December 

(ii) Financing of Maintained Schools (England) Regulations 3130 23rd December 

2004— 


Council Tax and Non-Domestic Rating (Demand Notices) 3389 23rd December 

(England) (Amendment) Regulations 2004, laid under the Local 

Government Finance Act 1988; 

South-west Territorial Waters (Prohibition of Pair Trawling) Order 3397 23rd December 

2004, laid under the Sea Fish (Conservation) Act 1967; 

Control of Substances Hazardous to Health (Amendment) 3386 23rd December 

Regulations 2004, laid under the Health and Safety at Work etc. 

Act 1974; 

Postgraduate Medical Education and Training Board (Members— 3410 31st December 

Removal from OYce) Rules Order 2004, laid under the General 

and Specialist Medical Practice (Education, Training and 

Qualifications) Order 2003; 

High Court (Distribution of Business) Order 2004, laid under the 3418 31st December 

Supreme Court Act 1981; 

Civil Procedure (Amendment No. 4) Rules 2004, laid under the Civil 3419 31st December 

Procedure Act 1997; 

Financial Services and Markets Act 2000 (Gibraltar) (Amendment) 1 6th January 

Order 2005, laid under the Financial Services and Markets Act 

2000. 



1. Draft Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005, 

laid under the Local Government Act 2000, together with an Explanatory Memorandum; 

2. (i) Draft Industrial Training Levy (Engineering Construction Board) Order 2005,

94 10th-11th January 

2005 


(ii) Draft Industrial Training Levy (Construction Board) Order 2005, together with an 


laid under the Industrial Training Act 1982. 


on the Table: 

1. European Communities (Designation) (No. 7) Order 2004, laid under the European 


2. Burma (Restrictive Measures) (Overseas Territories) (Amendment) Order 2004, laid 

under the Saint Helena Act 1833; (3333) 

3. Patents (Convention Countries) Order 2004, laid under the Patents Act 1977; (3335) 

4. Air Navigation (Overseas Territories) (Environmental Standards) Order 2004, laid under 

the Civil Aviation Act 1949; (3337) 

5. Firearms (Appeals and Applications) Regulations (Northern Ireland) 2005, laid under 

the Firearms (Northern Ireland) Order 2004; (—) 

6. Energy (Amendment) Order (Northern Ireland) 2004, laid under the Energy (Northern 

Ireland) Order 2003; (—) 

7. Retained Organs Commission (Abolition) Order 2005, laid under the National Health 

Service Act 1977; (6) 

8. (i) Information Tribunal (National Security Appeals) Rules 2005— (13) 

(ii) Information Tribunal (Enforcement Appeals) Rules 2005— (14) 

laid under the Data Protection Act 1998. 



1. Accounts for 2003–04 of the Education Action Zone for Camborne Pool and Redruth, 

laid under the School Standards and Framework Act 1998, together with the Report of 

the Comptroller and Auditor General; 

2. Accounts for 2003–04 of the National Insurance Fund, laid under the Social Security 

Administration Act 1992, together with the Report of the Comptroller and Auditor 

General. 

3. Amendments to the Regulations in respect of Royal Air Force retired pay and pensions, 

laid under the Air Force (Constitution) Act 1917; 

4. Report of the making of a Call-out Order, laid under the Reserve Forces Act 1996. 


29. Mental Capacity Bill—It was moved by the Lord Falconer of Thoroton, on behalf of the Baroness 

Ashton of Upholland, that the bill be now read a second time; after debate, the motion was 

agreed to and the bill was committed to a Committee of the Whole House. 

30. Mechanically-propelled vehicles—The Viscount Bridgeman asked Her Majesty’s Government 

what is their policy with regard to the use of mechanically-propelled vehicles on byways open 

to all traYc; after debate, the question was answered by the Lord Whitty. 

The House was adjourned at three minutes past ten o’clock 


Tuesday 11th January 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 






Arran, E. 


Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Best, L. 

Bhatia, L. 

BiVen, L.


95 


Birt, L. 

Blatch, B. 

Bledisloe, V. 


Boothroyd, B. 

Borrie, L. 

Bowness, L. 

Boyce, L. 


Bradshaw, L. 

Bragg, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 





Brookman, L. 



Burlison, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 





Carter, L. 


Chan, L. 

Chapman, B. 






Cobbold, L. 

Cockfield, L. 



Colwyn, L. 

Condon, L. 



Courtown, E. 

Cox, B. 


Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Cuckney, L. 



David, B. 


Dearing, L. 

Denham, L. 

Dixon, L. 


Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eames, L. 

Eatwell, L. 


Elder, L. 

Elles, B. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Filkin, L. 


Fitt, L. 

Flather, B. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 



Gavron, L. 

Geddes, L. 

George, L. 



Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 




Greenway, L. 

Grenfell, L. 

GriYths, L. 



Grocott, L. 

Hamwee, B. 

Hanham, B. 





Harrison, L. 


Haskel, L. 

Haskins, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 






Howe, E. 






Hoyle, L. 






Hylton, L. 

Inge, L. 

Inglewood, L. 





Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 


Kimball, L. 



Kingsdown, L. 

Kingsland, L. 

Kirkham, L. 

Laidlaw, L. 

Laird, L. 

Laming, L. 


Layard, L. 


Leitch, L. 


Lindsay, E. 


Lipsey, L. 

Listowel, E. 


Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 












McNally, L. 

Maddock, B. 


Mancroft, L. 

Mar, C. 



Marsh, L. 



Maxton, L.


2005 



Methuen, L. 




Mishcon, L. 



Montrose, D. 


Morgan, L. 





Moser, L. 


Moynihan, L. 

Murphy, B. 



Neuberger, B. 

Newby, L. 


Noakes, B. 


Northesk, E. 

Northover, B. 


Ouseley, L. 

Owen, L. 

Palmer, L. 

Parekh, L. 


Patten, L. 

Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 







Plumb, L. 



Prosser, B. 

Quirk, L. 



Rawlings, B. 

Razzall, L. 

Redesdale, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 

Richard, L. 




Rogan, L. 


Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 






Sandberg, L. 

Sandwich, E. 

Sawyer, L. 


Seccombe, B. 

Selsdon, L. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 



Simon, V. 


Skidelsky, L. 

Slim, V. 




Snape, L. 


Steinberg, L. 

Stern, B. 

Stewartby, L. 



Strabolgi, L. 



Swinfen, L. 




Tenby, V. 



Thornton, B. 

Tombs, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 



Uddin, B. 

Ullswater, V. 


Varley, L. 


Vinson, L. 


Wakeham, L. 



Walmsley, B. 

Walpole, L. 

Warnock, B. 





Whitaker, B. 

Whitty, L. 

Wilcox, B. 






Winston, L. 






1. Barony of Vivian in the Peerage of the United Kingdom—The Petition of Charles Crespigny 

Hussey Vivian claiming to have succeeded to the Barony of Vivian in the Peerage of the United 

Kingdom and praying that the Clerk of the Parliaments might be directed to enter the 

petitioner as the Lord Vivian 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. 


2. Fayed and others (Appellants) v. Her Majesty’s Commissioners of Inland Revenue (Respondents) 

(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 31st January (the agents 

for the respondents consenting thereto) was presented; and it was ordered as prayed.


97 

3. Brown (Appellant) v. Scottish Ministers (Respondents) (Scotland)—The respondents now 

consenting to the petition praying that the time for lodging the statement and appendix and 

setting down the cause for hearing might be extended to 19th January; it was ordered as 

prayed. 

Papers 



Health—Government Response to the Report of the House of Commons Health Committee 

on the Provision of Allergy Services. (6433) 

5. Regulatory Reform—The following order was laid before the House under section 4(2) of the 

Regulatory Reform Act 2001 and referred to the Delegated Powers and Regulatory Reform 

Committee: 

Draft Regulatory Reform (Prison OYcers) (Industrial Action) Order 2005, together with a 

Statement by the Home OYce. 


on the Table: 

1. Charges for Inspections and Controls (Amendment) Regulations 2005, laid under the 

Food Safety Act 1990; (12) 

2. Immigration (Procedure for Marriage) Regulations 2005, laid under the Asylum and 

Immigration (Treatment of Claimants, etc.) Act 2004; (15) 

3. Gas Act 1986 (Exemption) Order 2005, laid under the Gas Act 1986; (16) 

4. Incidental Catches of Cetaceans in Fisheries (England) Order 2005, laid under the 

Fisheries Act 1981; (17) 

5. National Health Service (Travel Expenses and Remission of Charges) Amendment 

Regulations 2005, laid under the National Health Service Act 1977; (26) 




Accounts for 2003 of the Crown Agents Holding and Realisation Board, laid under the Crown 

Agents Act 1979, together with the Report of the Comptroller and Auditor General. 


8. Merits of Statutory Instruments—The 4th Report from the Select Committee was made and 

ordered to be printed. (HL Paper 23) 

9. Statutory Instruments—The 4th Report from the Joint Committee was made on certain statutory 


Draft Child Trust Funds (Amendment) Regulations 2005; 

Draft Local Authorities (Contracting Out of BID Levy Billing, Collection and 

Enforcement Functions) Order 2004; 

Draft Parliamentary Constituencies (Scotland) Order 2005; 

Draft Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV 

for Northern Ireland Parties, etc) Order 2005; 

Draft Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005; 

Draft Scotland Act 1998 (Modifications of Schedule 5) Order 2005; 



10. Borough Freedom (Family Succession) Bill [hl]—The order of commitment was discharged. 

11. Education Bill [hl]—The House resolved itself into a Committee upon the bill; amendments were 

moved and (by leave of the Committee) withdrawn; the House was resumed. 

12. International Organisations Bill [hl]—The bill was reported from the Grand Committee without 

amendment. 

13. Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2004—It was moved by the 

Lord President (Baroness Amos) that the Order laid before the House on 17th November be 





2005 

14. Education 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 

4 stood part. 

The House was adjourned at nine minutes before ten o’clock 


APPENDIX 

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM) 

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

International Organisations Bill [hl]—The bill was considered in the Grand Committee; amendments 

were moved and (by leave of the Committee) withdrawn; it was ordered that the bill be reported without 

amendment. 

The Committee was adjourned at nine minutes past seven o’clock. 

Wednesday 12th January 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 



Arran, E. 



Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Best, L. 

Bhatia, L. 

BiVen, L. 


Birt, L. 

Blackwell, L. 

Blaker, L. 

Blatch, B. 

Bledisloe, V. 

Blood, B. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 



Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 




Brookman, L. 



Burlison, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 







Carter, L. 


Chan, L. 

Chapman, B. 





Cobbold, L. 

Cockfield, L. 



Colwyn, L. 

Condon, L. 



Cox, B. 


Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Cuckney, L. 




Denham, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dykes, L. 

Eames, L. 

Eatwell, L. 


Elder, L. 

Elles, B. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Fellowes, L. 

Fitt, L. 

Flather, B. 

Flowers, L. 


Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 


Garel-Jones, L.


99 

Geddes, L. 


Giddens, L. 


Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 




Greenway, L. 

Gregson, L. 

GriYths, L. 



Grocott, L. 


Hanham, B. 





Harrison, L. 


Haskins, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Healey, L. 

Henig, B. 



Hollick, L. 



Howe, E. 





Hoyle, L. 






Hylton, L. 

Inge, L. 

Inglewood, L. 





Jopling, L. 

Jordan, L. 

Judd, L. 

Kalms, L. 


Kimball, L. 



Kingsland, L. 

Kirkhill, L. 


Laidlaw, L. 

Laird, L. 

Laming, L. 




Layard, L. 


Leitch, L. 



Lipsey, L. 

Listowel, E. 

Liverpool, E. 

Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 













McNally, L. 

Maddock, B. 


Mancroft, L. 

Mar, C. 


Marsh, L. 



Maxton, L. 





Mishcon, L. 


Monson, L. 


Montrose, D. 


Moran, L. 





Moser, L. 


Moynihan, L. 


Neuberger, B. 

Newby, L. 



Noakes, B. 


Northesk, E. 

Northover, B. 



Onslow, E. 

Ouseley, L. 

Oxburgh, L. 

Palmer, L. 

Parekh, L. 


Patel, L. 

Patten, L. 

Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 






Plumb, L. 


Prashar, B. 

Prosser, B. 

Puttnam, L. 

Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Redesdale, L. 

Rees-Mogg, L. 

Renton, L. 


Richard, L. 




Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 





Saatchi, L. 



Sandberg, L. 

Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selsdon, L. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 




Simon, V. 


Skidelsky, L. 

Slim, V.


2005 



Snape, L. 


Steinberg, L. 

Stewartby, L. 


Strabolgi, L. 


Swinfen, L. 

Taverne, L. 




Thatcher, B. 




Thornton, B. 

Tombs, L. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 

Vinson, L. 


Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 





Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 




Winston, L. 





1. Barony of Abinger in the Peerage of the United Kingdom—The Lord Chancellor reported that 

James Harry Scarlett had established his succession to the Barony of Abinger in the Peerage 

of the United Kingdom. The Clerk of the Parliaments was accordingly directed to enter the 

Lord Abinger on the register of hereditary peers maintained under Standing Order 10(5). 


2. Sirius International Insurance Company (Publ) (Appellants) v. FAI General Insurance Limited 

and others (Respondents)—Further to the Judgment of the House of 2nd December 2004 (6th 

Report from the Appellate Committee, Session 2004–05 [2004] UKHL 54), it was ordered that 

the respondents do pay to the appellants their costs before Mr Justice Jacob in the High Court 

(Chancery Division) (Companies Court), 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 appellants be taxed in accordance with 

the Access to Justice Act 1999. 

3. South Bucks District Council (Respondents) v. Coates and others (Petitioners)—The petition of 

Mike Coates, Patrick Cash, Mike Summers and Hugh Doherty praying for leave to appeal 




and another (Appellants)—The appeal was set down for hearing and referred to an Appellate 

Committee. 

5. In re Sinn Fein (Appellants) (Northern Ireland)—The petition of the appellants praying that the 


extended to 26th January (the agents for the respondent consenting thereto) was presented; 

and it was ordered as prayed. 




February (the agents for the respondents consenting thereto) was presented; and it was 











ordered as prayed.


101 
















12. Concord Trust (Original Appellants and Cross-respondents) v. Law Debenture Trust Corporation 

plc (Original Respondents and Cross-appellants)—The petition of the appellants praying that 


be extended to 19th January (the agents for the respondents consenting thereto) was 


Papers 

13. Instruments withdrawn—The following instruments, laid before the House on 9th December 2004, 

were withdrawn: 

1. Draft Scotland Act 1998 (River Tweed) Order 2005; 

2. Draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 

2005. 



International Development—Agreement between the United Kingdom and Bolivia 

concerning Development Assistance and the Status of the United Kingdom Department for 

International Development in Bolivia, together with an Explanatory Memorandum. (6445) 



Draft Companies Act 1985 (Operating and Financial Review and Directors’ Report etc.) 

Regulations 2005, laid under the Companies Act 1985, together with an Explanatory 

Memorandum. 


on the Table: 

1. Social Security (Incapacity Benefit Work-focused Interviews) Amendment Regulations 

2005, laid under the Social Security Administration Act 1992; (3) 

2. National Health Service (General Medical Services Contracts) (Personal Medical 

Services Agreements) and (Pharmaceutical Services) (Amendment) Regulations 2005, 

laid under the National Health Service Act 1977; (28) 

3. Supply of Extended Warranties on Domestic Electrical Goods Order 2005, laid under the 

Fair Trading Act 1973. (37) 



1. Accounts for 2003–04 of the Wakefield Education Action Zone, laid under the School 



2. Code of Practice for the National Intelligence Model, laid under the Police Act 1996. 


18. Human Rights—The following reports of the Joint Committee were made and ordered to be 

printed: 

Minutes of proceedings for Session 2003–04; (HL Paper 25) 

4th Report, Scrutiny of Bills: Progress Report, together with appendices. (HL Paper 26)


2005 


19. Management of OVenders and Sentencing Bill [hl]—A bill to make further provision relating to 

the management of oVenders, the functions of local probation boards and prisons; to provide 

for the appointment and functions of Her Majesty’s Commissioner for OVender Management 

and Prisons; to make provision about fines and other matters relating to sentencing; to make 

provision for the electronic monitoring of persons on bail; and for connected purposes was 

presented by the Baroness Scotland of Asthal, read a first time and ordered to be printed. (HL 

Bill 16) 

20. Management of OVenders and Sentencing Bill [hl]—It was ordered that the Explanatory Notes 

relating to the bill be printed. (HL Bill 16-EN) 

21. 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 Blackwell set down for today shall be limited to 5 hours 

and that in the name of the Lord Oxburgh to 2 hours; the motion was agreed to. 

22. Mental Capacity Bill—It was moved by the Baroness Ashton of Upholland that it be an instruction 

to the Committee of the Whole House to which the Mental Capacity Bill has been committed 

that they consider the bill in the following order: 


Schedule 1 Schedules 4 and 5 



Clauses 19 to 59 Clauses 64 and 65; 

Schedule 3 


23. Low-tax economy (5-hour debate)—It was moved by the Lord Blackwell that there be laid before 

the House papers relating to the case for a low-tax economy; after debate, the motion was (by 

leave of the House) withdrawn. 

24. Radioactive Waste Management (S&T Report) (2-hour debate)—It was moved by the Lord 

Oxburgh that there be laid before the House papers relating to the Report from the Select 

Committee on Science and Technology, Radioactive Waste Management (5th Report, Session 

2003–04, HL Paper 200) and to the timescale for establishing a long-term strategy for the 

management of the United Kingdom’s radioactive waste; after debate, the motion was (by 

leave of the House) withdrawn. 

The House was adjourned at a quarter past nine o’clock 


Thursday 13th January 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Adebowale, L. 

Ahmed, L. 

Alderdice, L. 



Amos, B. 

Ampthill, L. 

Andrews, B. 


Arran, E. 




Attlee, E. 

Avebury, L. 

Bach, L. 



Barker, B. 

Barnett, L. 



Berkeley, L. 


Best, L. 

Bhatia, L. 


BiVen, L. 



Blaker, L. 

Blatch, B. 

Bledisloe, V. 

Blood, B. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 



Brookman, L. 



Burlison, L. 

Buscombe, B. 

Caithness, E. 






Carter, L. 



Chan, L. 

Chester, Bp. 


Clark of Windermere, L.


103 




Cobbold, L. 

Cockfield, L. 



Colwyn, L. 

Condon, L. 



Cox, B. 


Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Cuckney, L. 






Dearing, L. 

Denham, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 



Elder, L. 


Elton, L. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Filkin, L. 


Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freeman, L. 

Freyberg, L. 

Gale, B. 

Garden, L. 


Gavron, L. 

Geddes, L. 


Giddens, L. 


Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 



Greenway, L. 

Grenfell, L. 



Grocott, L. 

Hamwee, B. 

Hanham, B. 




Harrison, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Higgins, L. 












Hoyle, L. 





Hylton, L. 

Inge, L. 

Inglewood, L. 





Jopling, L. 

Jordan, L. 

Judd, L. 

Kalms, L. 


Kimball, L. 



Kirkhill, L. 


Laird, L. 

Laming, L. 





Leitch, L. 



Lipsey, L. 

Listowel, E. 


Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 











McNally, L. 

Maddock, B. 


Mancroft, L. 

Mar, C. 



Marsh, L. 



Maxton, L. 



Methuen, L. 




Mishcon, L. 

Mitchell, L. 


Monson, L. 


Montrose, D. 

Moran, L. 

Morgan, L. 





Moser, L. 


Moynihan, L. 

Murphy, B. 

Neuberger, B. 

Newby, L. 




Northesk, E. 

Northover, B. 

Norwich, Bp. 



Onslow, E. 

Ouseley, L. 

Oxburgh, L. 

Palmer, L. 

Patel, L. 

Patten, L. 

Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L.


2005 






Plumb, L. 




Prashar, B. 

Quirk, L. 



Rawlings, B. 

Razzall, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 


Richard, L. 


Rix, L. 




Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 






Sandberg, L. 

Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selsdon, L. 

Sewel, L. 



Sheldon, L. 


Simon, V. 


Skidelsky, L. 

Slim, V. 



Snape, L. 



Steinberg, L. 

Stern, B. 

Stewartby, L. 



Strabolgi, L. 



Swinfen, L. 



Tenby, V. 





Thornton, B. 

Tomlinson, L. 

Tope, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 


Vinson, L. 





Walmsley, B. 

Walpole, L. 

Warner, L. 

Warnock, B. 




Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 




Winston, L. 






1. Hereditary Peers’ By-election—The Clerk of the Parliaments notified the House that the Earl of 

Glasgow had been elected in accordance with the provisions of Standing Order 10 (Hereditary 

peers: by-elections) to fill the vacancy created by the death of the Earl Russell among the peers 

excepted from section 1 of the House of Lords Act 1999. 


2. Abumujor (Petitioner) v. Kingston University (Respondents)—The petition of Charles Abumujor 

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 16th December). 

3. Mensah (Petitioner) v. Jones (Respondent)—The petition of Matthew Yeboah Mensah 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 17th December). 

4. St Leger-Davey (by her litigation friend) (Petitioner) and another v. First Secretary of State for the 

Environment and others (Respondents)—The petition of Phoebe St Leger-Davey praying for 

leave to appeal was presented and referred to an Appeal Committee (lodged 5th January). 


and another (Appellants)—The certificate of public funding of Andrew Walker Martin was 

cancelled. 

6. R (on the application of Jones (FC) and others (FC)) (Respondents) v. Ceredigion County Council 

(Appellants) (Civil Appeal from Her Majesty’s High Court of Justice)—The respondents’ 

certificates of public funding were lodged.


105 



Younger Homes (Northern) Limited (Petitioners) v. First Secretary of State and others 

(Respondents) and others—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. 

In re J (a child)—That leave to appeal be given; and that the petition of appeal be lodged by 

27th January. 

R (on the application of C (FC) and another (FC)) (children acting through their father and 

litigation friend) (Petitioners) v. Secretary of State for the Foreign and Commonwealth OYce 

(Respondent)—That leave to appeal be refused; that the costs of the petitioners be taxed in 

accordance with the Access to Justice Act 1999; and that the respondent be at liberty to apply 

for his costs in accordance with direction 5.1(c); and, if the application is granted, that the 


Papers 



1. Draft Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation 

Scheme) (Rights of Appeal) Regulations 2005, laid under the Pensions Appeal Tribunals 

Act 1943, together with an Explanatory Memorandum; 

2. Draft Extradition Act 2003 (Amendment to Designations) Order 2005, laid under the 

Extradition Act 2003, together with an Explanatory Memorandum. 


on the Table: 

1. (i) Licensing Act 2003 (Transitional Provisions) Order 2005— (40) 

(ii) Licensing Act 2003 (Personal licences) Regulations 2005— (41) 

(iii) Licensing Act 2003 (Premises licences and club premises certificates) Regulations 

2005— (42) 

(iv) Licensing Act 2003 (Licensing authority’s register) (other information) Regulations 

2005— (43) 

(v) Licensing Act 2003 (Hearings) Regulations 2005— (44) 

laid under the Licensing Act 2003; 

2. Draft Charities (National Trust) Order 2005, laid under the Charities Act 1993, together 

with an Explanatory Memorandum. (—) 



1. Accounts for 2000–01 of the Northern Ireland Social Security Agency Social Fund, laid 

under the Northern Ireland Act 2000; 

2. Accounts for 2003–04 of the Nursing and Midwifery Council, laid under the Nursing and 

Midwifery Order 2001; 

3. Report for 2003–04 of the England Marketing Advisory Board, laid under the 

Development of Tourism Act 1969. 



were moved and (by leave of the Committee) withdrawn; the House was resumed. 

12. Eurofighter programme—The Lord Craig of Radley asked Her Majesty’s Government what 

progress has been made on the Typhoon (Eurofighter) programme and the aircraft’s 

introduction into service with the Royal Air Force; after debate, the question was answered 

by the Lord Bach. 



13. Education Bill [hl]—The House again resolved itself into a Committee upon the bill; an 

amendment was disagreed to (see division list); amendments were moved and (by leave of the 

Committee) withdrawn; amendments were agreed to; the House was resumed after clause 62 

stood part. 

The House was adjourned at six minutes past six o’clock 

till tomorrow, eleven o’clock.


2005 

APPENDIX 


The Committee met at a quarter past three o’clock. 

Disability Discrimination Bill [hl]—The bill was considered in the Grand Committee; 

amendments were moved and (by leave of the Committee) withdrawn; the Committee was 

adjourned after amendment 31. 

The Committee was adjourned at five minutes past seven o’clock. 

DIVISION 

EDUCATION BILL [hl] 

It was moved by the Lord Hanningfield, after Clause 5, to insert the new Clause (Reducing burden of 

inspection on schools); which being objected to, the question was put thereupon, and the Committee 

divided: 

Contents … … … … … … 83 



Arran, E. 

Attlee, E. 


Blaker, L. 

Blatch, B. 

Bledisloe, V. 

Bowness, L. 

Bridgeman, V. 



Buscombe, B. 



Cobbold, L. 


Craigavon, V. 

Crathorne, L. 


Cuckney, L. 







Elton, L. 


Acton, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 


Ampthill, L. 

Andrews, B. 




Avebury, L. 

Bach, L. 

Barker, B. 



Bhatia, L. 

CONTENTS 

Fowler, L. 


Geddes, L. 


Glentoran, L. 

Goschen, V. 

Hanham, B. 


Hayhoe, L. 



Hylton, L. 







Lucas, L. 

Luke, L. 








Monson, L. 

NOT-CONTENTS 

Blood, B. 

Boothroyd, B. 

Borrie, L. 

Bradshaw, L. 

Brennan, L. 


Burlison, L. 


Carter, L. 


Chan, L. 




Crawley, B. 


Montrose, D. 


Moser, L. 


Moynihan, L. 

Northesk, E. 


Peel, E. 



Renton, L. 



Selsdon, L. 



Skidelsky, L. 


Steinberg, L. 


Tenby, V. 


Ullswater, V. 

Walpole, L. 

Wilcox, B. 



Dearing, L. 

Donoughue, L. 

Drayson, L. 

Dubs, L. 

Eatwell, L. 

Elder, L. 



[Teller] 



Filkin, L. 

Gale, B. 

Gavron, L. 


Goldsmith, L.


107 

Goodhart, L. 







Haworth, L. 

Hayman, B. 





Hoyle, L. 



Kirkhill, L. 



Lipsey, L. 





McNally, L. 


Marsh, L. 


Maxton, L. 




Murphy, B. 

Neuberger, B. 


Northover, B. 





Razzall, L. 

Redesdale, L. 




Roper, L. 

Rosser, L. 



Sandberg, L. 



Sheldon, L. 


Simon, V. 


Snape, L. 


Strabolgi, L. 




Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Uddin, B. 

Walmsley, B. 

Warner, L. 

Warnock, B. 



Whitaker, B. 

Whitty, L. 

Wilkins, B. 



Friday 14th January 2005 





Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 

Amos, B. 

Ampthill, L. 



Attlee, E. 

Avebury, L. 


Berkeley, L. 

Bhatia, L. 


Blatch, B. 




Brett, L. 

Bridgeman, V. 


Brookman, L. 






Chan, L. 

Chester, Bp. 





Cox, B. 


Craigavon, V. 

Desai, L. 

Dholakia, L. 


Donoughue, L. 

D’Souza, B. 

Dubs, L. 

Dykes, L. 

Elder, L. 


Elton, L. 

Erroll, E. 



Falkland, V. 



Fitt, L. 

Fookes, B. 

Gale, B. 

Garden, L. 



Giddens, L. 

Glentoran, L. 

Goodhart, L. 

Goschen, V. 



Hamwee, B. 



Harrison, L. 


Haworth, L. 

Hayman, B. 

Higgins, L. 




Hoyle, L. 



Inge, L. 

Inglewood, L. 





Kirkhill, L. 

Laird, L. 



Lipsey, L. 

Luke, L. 





2005 






McNally, L. 

Maddock, B. 


Marsh, L. 



Maxton, L. 



Mishcon, L. 

Mitchell, L. 


Monson, L. 




Moynihan, L. 


Neuberger, B. 

Newby, L. 



Northesk, E. 

Northover, B. 


Paul, L. 


Peston, L. 





Quirk, L. 



Rea, L. 

Redesdale, L. 

Rennard, L. 

Richard, L. 

Roper, L. 

Rosslyn, E. 




Sandberg, L. 


Seccombe, B. 

Selsdon, L. 

Sheldon, L. 

Simon, V. 


Skidelsky, L. 

Slim, V. 


Snape, L. 

Stern, B. 

Stewartby, L. 


Strabolgi, L. 


Swinfen, L. 






Thornton, B. 

Tomlinson, L. 

Tope, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 

Turnberg, L. 

Uddin, B. 


Walmsley, B. 

Warner, L. 

Warnock, B. 

Whitaker, B. 

Wilkins, B. 










1. Three Rivers District Council and others (Respondents) v. Governor and Company of the Bank 

of England (Appellants)—Further to the Judgment of the House of 11th November 2004 

(57th Report from the Appellate Committee, [2004] UKHL 48), it was ordered that the 

respondents do pay to the appellants 90 per cent of the appellants’ costs in this House, 

including the costs of dealing with the Interveners’ submissions, the whole of the appellants’ 

costs in the Court of Appeal, and the costs incurred by the appellants as a result of the steps 

they took to comply with the order of Mr Justice Tomlinson made in the High Court of Justice 

(Queen’s Bench Division) (Commercial Court) on 10th November 2003 (which order has been 

set aside by this House); and it was further ordered that the amount of the appellants’ costs 

in this House be certified by the Clerk of the Parliaments if not agreed between the parties, and 

that the amount of the appellants’ costs in the Court of Appeal and below if not agreed be 

determined by a Costs Judge. 

2. Harris (Petitioner) v. Harris (Respondent)—The petition of Mark Dean Harris 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. 

Papers 


on the Table: 

1. Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) 

(Amendment) Regulations 2005, laid under the School Standards and Framework Act 

1998; (2) 

2. (i) Asylum Seekers (Reception Conditions) Regulations 2005— (7) 

(ii) Asylum Support (Amendment) Regulations 2005— (11) 


3. Extradition Act 2003 (Parties to International Conventions) Order 2005, laid under the 

Extradition Act 2003; (46) 

4. South-west Territorial Waters (Prohibition of Pair Trawling) (Amendment) Order 2005, 

laid under the Sea Fish (Conservation) Act 1967. (49)


109 



Air Publication 1269A—Assessment of Medical Fitness (3rd Edition) Amendment List 26, 

laid under the Air Force (Constitution) Act 1917. 


5. Renewable Energy Bill [hl]—It was moved by the Lord Redesdale that the bill be now read a 

second time; after debate, the motion was agreed to and the bill was committed to a 

Committee of the Whole House. 

6. Succession to the Crown Bill [hl]—The Queen’s consent was signified; then it was moved by the 

Lord Dubs that the bill be now read a second time; after debate, the motion was (by leave of 

the House) withdrawn; then the bill was (by leave of the House) withdrawn. 

7. Caribbean banana growers—The Lord Newby asked Her Majesty’s Government what action they 

plan to take to safeguard the interests of Caribbean banana growers; after debate, the question 

was answered by the Lord Evans of Temple Guiting. 

The House was adjourned at eleven minutes before three o’clock 





Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 



Amos, B. 

Ampthill, L. 

Andrews, B. 


Arran, E. 


Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Bhatia, L. 


BiVen, L. 



Blaker, L. 

Blatch, B. 

Boothroyd, B. 

Borrie, L. 


Boyce, L. 


Bradshaw, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 



Bridgeman, V. 


Brookman, L. 



Burlison, L. 

Burns, L. 

Buscombe, B. 

Caithness, E. 




Carter, L. 


Chandos, V. 

Chapman, B. 

Chorley, L. 






Cockfield, L. 


Colwyn, L. 



Courtown, E. 

Cox, B. 


Craigavon, V. 

Crawley, B. 


Cuckney, L. 




David, B. 



Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 


Donoughue, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Eames, L. 


Elder, L. 



Elton, L. 



Ezra, L. 

Falkland, V. 




Fearn, L. 

Ferrers, E. 

Filkin, L. 


Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freeman, L. 


Gale, B. 

Garden, L. 



Gavron, L.


2005 

Geddes, L. 

George, L. 


Giddens, L. 


Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 




Greenway, L. 

Gregson, L. 


Grocott, L. 


Hamwee, B. 

Hanham, B. 





Haskins, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Higgins, L. 






Howe, E. 






Hoyle, L. 





Hylton, L. 

Inglewood, L. 




Jellicoe, E. 

Jopling, L. 

Jordan, L. 

Judd, L. 




Kingsland, L. 

Kirkhill, L. 


Laird, L. 

Laming, L. 


Leitch, L. 


Lindsay, E. 

Lipsey, L. 

Listowel, E. 

Liverpool, E. 


Lockwood, B. 

Lucas, L. 

Luke, L. 

Lyell, L. 

McCluskey, L. 










McNally, L. 

Maddock, B. 

Mancroft, L. 

Mar, C. 



Marsh, L. 




Maxton, L. 




Mishcon, L. 

Mitchell, L. 


Monson, L. 


Montrose, D. 


Morgan, L. 






Neuberger, B. 

Newby, L. 


Noakes, B. 

Northesk, E. 

Northover, B. 



Ouseley, L. 

Owen, L. 

Palmer, L. 

Parekh, L. 


Patel, L. 

Patten, L. 

Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 




Plumb, L. 




Prosser, B. 

Quirk, L. 

Radice, L. 



Rawlings, B. 


Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 



Rennard, L. 

Renton, L. 

Richard, L. 

Rix, L. 






Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 









Sandberg, L. 


Sawyer, L. 


Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 

Simon, V. 


Skidelsky, L. 

Slim, V. 



Snape, L. 



Stern, B. 


Stewartby, L. 



Strabolgi, L. 


Symons of Vernham Dean, B.


111 

Taverne, L. 



Tebbit, L. 


Tenby, V. 



Thornton, B. 

Tope, L. 

TordoV, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 



Wakeham, L. 



Warnock, B. 





Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 





Winston, L. 



PRAYERS were read by the Lord Bishop of St Albans. 


1. Secretary of State for the Home Department (Respondent) v. K (Petitioner)—The petition of K 

praying for leave to appeal was presented and referred to an Appeal Committee (lodged 6th 

January). 

2. Bultitude (Petitioner) v. Law Society (Respondents)—The petition of David Bultitude praying for 

leave to appeal was presented and referred to an Appeal Committee. 

3. R (on the application of X) (FC) (Petitioner) v. Chief Constable of West Midlands Police 

(Respondent)—The petition of X praying for leave to appeal was presented and referred to 

an Appeal Committee. The petitioner’s certificate of public funding was lodged. 

4. Barker (Respondent) v. Saint Gobain Pipelines plc (Appellants)— 

5. Patterson (son and executor of the estate of J Patterson (deceased)) (Respondent) v. Smiths Dock 

Limited (Appellants) and others— 

6. Murray (widow and executrix of the estate of John Lawrence Murray (deceased)) (Respondent) v. 

British Shipbuilders (Hydrodynamics) Limited (Appellants) and others and others 



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







and setting down the cause for hearing might be extended to 7th February (the agents for the 

respondents consenting thereto) was presented; and it was ordered as prayed. 

9. Appeal Committee—The following Order was made pursuant to the 9th Report: 

Corbett (Petitioner) v. Bond Pearce (a firm) (Respondents)—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 


Papers 



Foreign and Commonwealth OYce—Departmental Minute concerning the gifting of body 

armour to Indonesia. (—) 



Draft Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005, laid under 

the Private Security Industry Act 2001, together with an Explanatory Memorandum.


2005 

12. Regulatory Reform—The following orders were laid before the House under section 4(2) of the 


Committee: 

1. Draft Regulatory Reform (Joint Nature Conservation Committee) Order 2005, together 

with a Statement by the Department for Environment, Food and Rural AVairs; 

2. Draft Regulatory Reform (Trading Stamps) Order 2005, together with a Statement by the 

Department for Trade and Industry. 


on the Table: 

1. Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2005, 

laid under the Teaching and Higher Education Act 1998; (5) 

2. Social Security (Claims and Payments and Payments on account, Overpayments and 

Recovery) Amendment Regulations 2005, laid under the Social Security Administration 

Act 1992; (34) 

3. Immigration (European Economic Area) (Amendment) Regulations 2005, laid under the 

European Communities Act 1972; (47) 

4. Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations 

(Northern Ireland) 2004, laid under the Employment (Northern Ireland) Order 2003. 

(—) 



Report and Accounts for 2003–04 of the Arts Council of Wales, laid under the National 

Lottery etc. Act 1993, together with the Report of the Comptroller and Auditor General. 


15. Defence—It was moved by the Lord Bach that this House takes note of developments in defence; 


16. Criminal trials—The Lord Thomas of Gresford asked Her Majesty’s Government, further to the 

Written Statement by the Attorney General on 20th December 2004 (WS 104–105), whether 

they propose to change the impartial role of prosecuting counsel, in respect of both the 

introduction of the previous convictions of a defendant in a criminal trial and the interviewing 

of prosecution witnesses; after debate, the question was answered by the Lord Goldsmith. 

The House was adjourned at twenty-five minutes past nine o’clock 


APPENDIX 



Disability Discrimination Bill [hl]—The bill was further considered in the Grand Committee; 



The Committee was adjourned at twenty minutes before eight o’clock. 




Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 



Amos, B. 

Ampthill, L. 

Andrews, B. 





Arran, E. 



Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 

Bagri, L. 




Barker, B. 

Barnett, L. 



Berkeley, L. 


Best, L.


113 

Bhatia, L. 


BiVen, L. 



Blackwell, L. 

Blatch, B. 

Bledisloe, V. 

Blood, B. 


Boothroyd, B. 

Borrie, L. 



Bradshaw, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Broers, L. 



Brookman, L. 



Burlison, L. 

Buscombe, B. 


Byford, B. 

Caithness, E. 






Carter, L. 



Chapman, B. 

Chester, Bp. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 



Colwyn, L. 

Condon, L. 



Courtown, E. 

Cox, B. 

Craigavon, V. 

Crathorne, L. 

Crawley, B. 






David, B. 




Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dundee, E. 

Dykes, L. 

Eames, L. 

Eatwell, L. 



Elder, L. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Fearn, L. 

Ferrers, E. 

Filkin, L. 

Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 



Giddens, L. 



Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 



Greaves, L. 


Greenway, L. 

Gregson, L. 



Grocott, L. 

Hamwee, B. 

Hanham, B. 






Harrison, L. 


Haskins, L. 

Haworth, L. 

Hayhoe, L. 

Henig, B. 

Henley, L. 

Higgins, L. 





Hooson, L. 


Howe, E. 






Hoyle, L. 





Hutton, L. 

Hylton, L. 

Inglewood, L. 




Jopling, L. 

Jordan, L. 

Judd, L. 

Kalms, L. 



Kimball, L. 



Kingsdown, L. 

Kingsland, L. 

Kirkhill, L. 


Laidlaw, L. 

Laird, L. 

Laming, L. 


Layard, L. 



Leitch, L. 

Levy, L. 


Lindsay, E. 

Lipsey, L. 

Listowel, E. 



Lockwood, B. 

Lucas, L. 

Luke, L. 

Lyell, L. 

McCluskey, L. 







Mackenzie of Framwellgate, L.


2005 





McNally, L. 

Maddock, B. 


Mallalieu, B. 

Mancroft, L. 

Mar, C. 



Marsh, L. 




Maxton, L. 




Methuen, L. 



Mishcon, L. 



Montrose, D. 


Morgan, L. 








Neuberger, B. 

Newby, L. 


Noakes, B. 


Northesk, E. 

Northover, B. 



Onslow, E. 


Owen, L. 

Palmer, L. 

Parekh, L. 


Patel, L. 

Patten, L. 

Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 






Plumb, L. 




Prashar, B. 

Prosser, B. 


Quirk, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 


Richard, L. 






Rogan, L. 


Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 







Sandberg, L. 


Sandwich, E. 

Sawyer, L. 


Seccombe, B. 

Selborne, E. 

Selsdon, L. 


Sharples, B. 


Sheldon, L. 


Simon, V. 


Slim, V. 




Snape, L. 



Steinberg, L. 

Stern, B. 

Stewartby, L. 



Strabolgi, L. 

Swinfen, L. 

Taverne, L. 




Tenby, V. 



Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 



Wakeham, L. 




Walpole, L. 


Warner, L. 

Warnock, B. 




Whitaker, B. 

Wilcox, B. 

Wilkins, B. 





Winston, L. 






1. 7 Strathray Gardens Limited (Petitioners) v. Pointstar Shipping & Finance Limited and others 

(Respondents)—The petition of 7 Strathray Gardens Limited praying for leave to appeal was 

presented and referred to an Appeal Committee (lodged 12th January).


115 


Northern Ireland) (Northern Ireland)—The appeal was set down for hearing and referred to 

an Appellate Committee. 

Papers 

3. Instrument withdrawn—The following instrument, laid before the House on 17th January, was 

withdrawn: 

Draft Regulatory Reform (Joint Nature Conservation Committee) Order 2005. 



1. Nuclear Energy—Iran’s Nuclear Programme: A Collection of Documents; (6443) 

2. Children—Parental Separation: Children’s Needs and Parents’ Responsibilities—Next 

Steps: Government proposals. (6452) 



1. Draft Asylum (Designated States) Order 2005, laid under the Nationality, Immigration 

and Asylum Act 2002, together with an Explanatory Memorandum; 

2. Draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 

2005, laid under the Scotland Act 1998, together with an Explanatory Memorandum. 


on the Table: 

1. (i) European Communities (Recognition of Professional Qualifications) (First General 

System) Regulations 2005— (18) 

(ii) Blood Safety and Quality Regulations 2005— (50) 


2. Enterprise Act 2002 (Judicial Pensions and Retirement Act 1993) (Consequential 

Amendment) Order 2005, laid under the Enterprise Act 2002; (53) 

3. Financial Services and Markets Act 2000 (Collective Investment Schemes) (Amendment) 

Order 2005, laid under the Financial Services and Markets Act 2000. (57) 



Memorandum of Understanding between the Gas and Electricity Markets Authority and the 

Gas and Electricity Consumer Council, laid under the Utilities Act 2000. 


8. European Union—The First Report from the Select Committee, Procedural Rights in Criminal 

Proceedings, was made and ordered to be printed, together with the Minutes of Evidence. (HL 

Paper 28) 



Draft Companies Act 1985 (Operating and Financial Review and Directors’ Report etc.) 


Draft Industrial Training Levy (Construction Board) Order 2005; 

Draft Industrial Training Levy (Engineering Construction Board) Order 2005; 

Draft Regulation of Investigatory Powers (Communications Data) (Amendment) 

Order 2005; 

Draft Regulation of Investigatory Powers (Directed Surveillance and Covert Human 

Intelligence Sources) (Amendment) Order 2005; 


10. Merits of Statutory Instruments—The following reports from the Select Committee were made 

and ordered to be printed: 

5th Report, on the following negative instrument: 

Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004; (HL 

Paper 27) 

6th Report, on the following negative instrument: 

Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 

2004. (HL Paper 30)


2005 


11. TraYc Wardens and Parking Attendants Bill [hl]—A bill to make provision about traYc wardens 

and parking attendants was presented by the Lord Lucas, read a first time and ordered to be 


12. Borough Freedom (Family Succession) Bill [hl]—The bill was read a third time and passed and 

sent to the Commons. 


were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the 

House was resumed. 

14. United Nations—The Baroness Cox asked Her Majesty’s Government whether they will review 

the role and functioning of the United Nations and its agencies; after debate, the question was 

answered by the Baroness Crawley. 


were agreed to; amendments were moved and (by leave of the Committee) withdrawn; the 

House was resumed after clause 90 stood part. 

The House was adjourned at five minutes past ten o’clock 


APPENDIX 



Inquiries Bill [hl]—The bill was considered in the Grand Committee; amendments were moved 

and (by leave of the Committee) withdrawn; the Committee was adjourned after clause 9 

stood part. 

The Committee was adjourned at sixteen minutes past seven o’clock. 




Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 




Arran, E. 




Attlee, E. 

Avebury, L. 



Barnett, L. 



Berkeley, L. 

Bhatia, L. 

BiVen, L. 


Birt, L. 

Blaker, L. 

Blatch, B. 



Bledisloe, V. 

Blood, B. 

Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 




Brookman, L. 



Burlison, L. 

Burns, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 






Carter, L. 


Chan, L. 

Chandos, V. 

Chapman, B. 

Chester, Bp. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 



Colwyn, L. 

Condon, L. 



Courtown, E. 

Cox, B. 

Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Croham, L. 


Dahrendorf, L.


117 




Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 

Elder, L. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freeman, L. 


Gale, B. 

Garden, L. 


Geddes, L. 

George, L. 

Giddens, L. 


Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 



Greaves, L. 


Greenway, L. 

Gregson, L. 

Grenfell, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 




Harrison, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Higgins, L. 




Hooson, L. 



Howe, E. 





Hoyle, L. 





Hutton, L. 

Hylton, L. 

Imbert, L. 

Inglewood, L. 





Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 


Kerr of Kinlochard, L. 


Kimball, L. 



Kingsland, L. 

Kirkhill, L. 


Laidlaw, L. 

Laird, L. 

Laming, L. 


Layard, L. 


Leitch, L. 


Levy, L. 


Lipsey, L. 

Listowel, E. 


Liverpool, E. 



Lockwood, B. 

Lucas, L. 

Luke, L. 

Lyell, L. 











McNally, L. 

Maddock, B. 




Marsh, L. 



Maxton, L. 





Mishcon, L. 

Mitchell, L. 



Montrose, D. 






Moser, L. 




Neuberger, B. 

Newby, L. 


Noakes, B. 


Northesk, E. 

Northover, B. 




Onslow, E. 

Ouseley, L. 

Palmer, L. 

Parekh, L. 


Parkinson, L. 

Patel, L. 

Patten, L. 

Patten of Barnes, L. 

Paul, L. 


Peel, E. 

Pendry, L. 

Peston, L. 




Plumb, L. 



Prashar, B. 

Prosser, B. 


Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees, L.


2005 

Rees-Mogg, L. 

Rennard, L. 

Renton, L. 

Richard, L. 




Rogan, L. 


Roper, L. 

Rosser, L. 








Sandberg, L. 


Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 


Sharples, B. 


Sheldon, L. 



Simon, V. 


Slim, V. 



Snape, L. 




Steinberg, L. 

Stern, B. 


Stewartby, L. 



Strabolgi, L. 


Swinfen, L. 


Tebbit, L. 



Thornton, B. 

Tombs, L. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 

Varley, L. 


Wakeham, L. 



Walpole, L. 


Warnock, B. 




Wilcox, B. 

Wilkins, B. 





Winston, L. 




PRAYERS were read by the Lord Bishop of Southwell. 

1. Lord Patten of Barnes—The Right Honourable Christopher Francis Patten, CH, having been 

created Baron Patten of Barnes, of Barnes in the London Borough of Richmond, for life by 

Letters Patent dated 11th January 2005 (see appendix 1), was introduced between the Lord 

Hurd of Westwell and the Lord Carrington, the Gentleman Usher of the Black Rod and 

Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. 


2. Gravgaard (Petitioner) v. Aldridge & Brownlee (a firm) (Respondents)—The petition of Susan 

Mary Gravgaard praying for leave to appeal was presented and referred to an Appeal 


3. Lincoln National Life Insurance Company (Petitioners) v. Sun Life Assurance Company of 

Canada and others (Respondents)—The petition of Lincoln National Life Insurance 

Company praying for leave to appeal was presented and referred to an Appeal Committee 


4. R (on the application of Corporation of London) (Respondents) v. Secretary of State for 

Environment, Food and Rural AVairs (Respondent) and others (Petitioners)—The petition 

of Covent Garden Market Authority praying for leave to appeal was presented and referred 

to an Appeal Committee. 


plc (Original Respondents and Cross-appellants)—The appeal was set down for hearing and 


6. West Bromwich Building Society (Appellants) v. Wilkinson and another (Respondents)—The 




hearing might be extended to 16th February (the agents for the respondents consenting 

thereto) was presented; and it was ordered as prayed.


119 

Papers 



1. Standards in Public Life—Getting the Balance Right, Implementing Standards of 

Conduct in Public Life; (6407) 

2. Marshall Aid—Report for the year ending 30th September 2004 of the Marshall Aid 

Commemoration Commission; (6418) 

3. Environment—Revised Explanatory Memorandum on the Convention on Access to 

Information, Public Participation in Decision-making and Access to Justice in 

Environmental Matters (Cm 4736); (—) 


on the Table: 

1. Social Security Pensions (Home Responsibilities) (Amendment) Regulations 2005, laid 

under the Social Security Contributions and Benefits Act 1992; (48) 

2. Transport for London (Consequential Provisions) Order 2005, laid under the Greater 

London Authority Act 1999; (56) 

3. Water Industry (Charges) (Vulnerable Groups) (Amendment) Regulations 2005, laid 

under the Water Industry Act 1991. (59) 


10. Delegated Powers and Regulatory Reform—The following report from the Select Committee was 

made and ordered to be printed: 


Mental Capacity Bill; 

Charities Bill [hl]; 

Income Tax (Trading and Other Income) Bill; 

Renewable Energy Bill [hl]; 

Disability Discrimination Bill [hl]—Government response. (HL Paper 31) 


11. Mathematics teaching (Balloted debate)—It was moved by the Lord Peston that there be laid 

before the House papers relating to the state of mathematics teaching in schools; after debate, 

the motion was (by leave of the House) withdrawn. 

12. Electricity supply (Balloted debate)—It was moved by the Lord Tombs that there be laid before 

the House papers relating to the problems in the electricity supply industry created by the 

absence of a strategic decision mechanism; after debate, the motion was (by leave of the 

House) withdrawn. 

13. Inquiries Bill [hl]—The bill was reported from the Grand Committee without amendment. 

14. H M Inspector of Prisons—The Baroness Stern asked Her Majesty’s Government what steps they 

are taking to ensure the independence and integrity of H M Inspector of Prisons in the light 

of the proposed consultation on merging criminal justice inspectorates; after debate, the 

question was answered by the Baroness Scotland of Asthal. 

The House was adjourned at eight minutes past nine 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 Counsellor 

Christopher Francis Patten Member of Our Order of the Companions of Honour to the state degree 

style dignity title and honour of Baron Patten of Barnes of Barnes in Our London Borough of 

Richmond 

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 Patten of Barnes 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


2005 

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 eleventh day of January in the fifty-third year of Our Reign 

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL 

APPENDIX 2 



Inquiries Bill [hl]—The bill was further considered in the Grand Committee; amendments were 

moved and (by leave of the Committee) withdrawn; it was ordered that the bill be reported 

without amendment. 

The Committee was adjourned at six minutes past seven o’clock. 

Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 



Amos, B. 

Ampthill, L. 

Andrews, B. 




Arran, E. 



Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 

Barnett, L. 



Berkeley, L. 

Best, L. 

Bhatia, L. 

BiVen, L. 


Blaker, L. 

Blatch, B. 

Bledisloe, V. 

Blood, B. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 

Boyce, L. 


Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 







Brookman, L. 



Burlison, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 




Carter, L. 


Chan, L. 

Chester, Bp. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 



Colwyn, L. 

Condon, L. 



Cox, B. 

Craigavon, V. 

Crathorne, L. 

Crawley, B. 






David, B. 



Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 


Elder, L. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freeman, L. 


Gale, B. 

Garden, L. 


Gavron, L. 

Geddes, L. 


Giddens, L. 


Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goudie, B. 



Greaves, L. 

Greengross, B.


121 

Greenway, L. 

Grenfell, L. 

Grocott, L. 


Hamwee, B. 

Hanham, B. 





Harrison, L. 


Haskins, L. 

Haworth, L. 

Hayhoe, L. 

Henig, B. 

Henley, L. 

Higgins, L. 





Hooper, B. 

Hooson, L. 



Howe, E. 






Hoyle, L. 






Hylton, L. 




Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 


Kimball, L. 



Kingsland, L. 

Kirkhill, L. 


Laidlaw, L. 

Laird, L. 



Layard, L. 


Leitch, L. 


Levy, L. 



Lipsey, L. 

Listowel, E. 


Lockwood, B. 

Lucas, L. 

Luke, L. 









McNally, L. 

Maddock, B. 


Mancroft, L. 


Marsh, L. 



Maxton, L. 





Mishcon, L. 


Monson, L. 


Montrose, D. 







Neuberger, B. 


Noakes, B. 

Northesk, E. 

Northover, B. 





Onslow, E. 

Ouseley, L. 

Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 


Patel, L. 

Paul, L. 


Peel, E. 

Pendry, L. 

Peston, L. 





Plumb, L. 



Prosser, B. 


Quirk, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 

Richard, L. 




Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 










Sandberg, L. 


Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 



Sheldon, L. 


Simon, V. 


Slim, V. 





Stern, B. 

Stewartby, L. 





Swinfen, L. 



Tebbit, L. 




Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 

Truscott, L. 

Tugendhat, L. 


Turnberg, L. 

Turner of Camden, B.


2005 

Ullswater, V. 


Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 




Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 









1. Department for Work and Pensions (Respondents) v. Webley (Petitioner)—The petition of Atasha 

Webley praying for leave to appeal was presented and referred to an Appeal Committee. 


Environment, Food and Rural AVairs (Petitioner) and others—The petition of the Secretary 

of State for Environment, Food and Rural AVairs praying for leave to appeal was presented 

and referred to an Appeal Committee. 

3. London Borough of Newham (Respondents) v. Kibata (FC) (Petitioner)—The petition of Armani 

Kibata praying for leave to appeal notwithstanding that the time limited by Standing Order 

II has expired was presented and referred to an Appeal Committee. The petitioner’s certificate 

of public funding was lodged. 


Excise (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 2nd 

March (the agents for the respondents consenting thereto) was presented; and it was ordered 

as prayed. 

Papers 



Defence—Departmental Minute from the Ministry of Defence, concerning the gifting of Non- 

Lethal Military Equipment to Nepal. (—) 



1. Draft Terrorism Act 2000 (Continuance of Part VII) Order 2005, laid under the 

Terrorism Act 2000, together with an Explanatory Memorandum; 

2. Draft Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2005, laid under 

the Political Parties, Elections and Referendums Act 2000, together with an Explanatory 

Memorandum; 

3. Draft Gender Recognition (Approved Countries and Territories) Order 2005, laid under 

the Gender Recognition Act 2004, together with an Explanatory Memorandum; 

4. Draft Company Directors Disqualification (Amendment) (Northern Ireland) Order 

2005, laid under the Northern Ireland Act 2000, together with an Explanatory 

Memorandum. 


on the Table: 

(i) Licensing Act 2003 (Hearings) (Amendment) Regulations 2005— (78) 

(ii) Licensing Act 2003 (Fees) Regulations 2005— (79) 

(iii) Licensing Act 2003 (Transitional conversions fees) Order 2005— (80) 

laid under the Licensing Act 2003. 



1. Report on the Operation in 2004 of the Terrorism Act 2000, laid under that Act; 

2. Report and Accounts for 2003–04 of the Learning and Skills Council, laid under the 

Learning and Skills Act 2000.


123 


9. Science and Technology—The First Report from the Select Committee, Science and Treaties: 

Follow-up, was made and ordered to be printed. (HL Paper 32) 


10. Charities Bill [hl]—It was moved by the Baroness Scotland of Asthal that the bill be now read a 

second time; after debate, the motion was agreed to and the bill was committed to a Grand 

Committee. 

11. EU Development Aid (EUC Report)—It was moved by the Lord Bowness that this House takes 

note of the Report of the European Union Committee on EU Development Aid in Transition 

(12th Report, Session 2003–04, HL Paper 75); after debate, the motion was agreed to. 

12. EU Security Strategy (EUC Report)—It was moved by the Lord Bowness that this House takes 

note of the Report of the European Union Committee on EU Security Strategy (31st Report, 

Session 2003–04, HL Paper 180); the motion was agreed to. 

13. Disability Discrimination Bill [hl]—The bill was reported from the Grand Committee without 

amendment. 

The House was adjourned at twenty-two minutes past six o’clock 


APPENDIX 



Disability Discrimination Bill [hl]—The bill was further considered in the Grand Committee; 

amendments were moved and (by leave of the Committee) withdrawn; it was ordered that the 

bill be reported without amendment. 

The Committee was adjourned at a quarter past six o’clock. 




Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 



Amos, B. 

Ampthill, L. 

Andrews, B. 





Astor, V. 


Attlee, E. 

Bach, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Bhatia, L. 

BiVen, L. 


Birt, L. 



Blatch, B. 


Boothroyd, B. 

Borrie, L. 


Boyce, L. 


Bragg, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Broers, L. 



Brookman, L. 



Burns, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 





Carter, L. 


Chan, L. 

Chandos, V. 

Chapman, B. 

Chorley, L. 






Cockfield, L. 


Colwyn, L. 

Condon, L. 


Courtown, E. 

Cox, B. 


Craigavon, V. 

Crawley, B. 




David, B. 




Dearing, L.


2005 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 


Donoughue, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 


Elder, L. 



Elton, L. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Fearn, L. 

Feldman, L. 

Ferrers, E. 

Filkin, L. 

Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 


Gavron, L. 


Giddens, L. 



Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goschen, V. 



Greenway, L. 

Gregson, L. 

GriYths, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 




Harrison, L. 


Haskins, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 






Hooson, L. 



Howe, E. 






Hoyle, L. 







Jellicoe, E. 

Jones, L. 

Jopling, L. 

Jordan, L. 


Kingsland, L. 

Kirkhill, L. 

Laird, L. 




Lindsay, E. 

Lipsey, L. 

Listowel, E. 

Liverpool, E. 




Lucas, L. 

Luke, L. 

Lyell, L. 












McNally, L. 

Maddock, B. 



Mancroft, L. 

Mar, C. 


Marsh, L. 




Maxton, L. 





Monson, L. 


Montrose, D. 


Morgan, L. 







Naseby, L. 

Neuberger, B. 

Newby, L. 


Noakes, B. 



Northesk, E. 

Northover, B. 



Ouseley, L. 

Palmer, L. 



Pendry, L. 

Peston, L. 







Prashar, B. 

Prosser, B. 


Puttnam, L. 

Quinton, L. 

Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 

Richard, L. 


Rix, L. 




Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 

Rowlands, L. 



Saatchi, L. 

St. John of Bletso, L.


125 


Sandberg, L. 


Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Sewel, L. 


Sheldon, L. 


Simon, V. 


Slim, V. 








Stern, B. 


Stewartby, L. 



Strange, B. 




Taverne, L. 


Tebbit, L. 


Tenby, V. 

Thatcher, B. 





Tomlinson, L. 

Tope, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 


Wakeham, L. 


Walmsley, B. 

Walpole, L. 

Warnock, B. 






Whitaker, B. 

Wilcox, B. 

Wilkins, B. 










1. Jones (Respondent) v. Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of 

Saudi Arabia) (Appellants) (England)—The appeal of the Kingdom of Saudi Arabia was 

presented and it was ordered that in accordance with Standing Order VI the statement and 

appendix thereto be lodged on or before 7th March. 

2. Mitchell and others (Respondents) v. Al-Dali and others and Ministry of Interior Al-Mamlaka Al- 

Arabiya AS Saudiya (the Kingdom of Saudi Arabia) (Appellants) (England)—The appeal of 

the Kingdom of Saudi Arabia was presented and it was ordered that in accordance with 

Standing Order VI the statement and appendix thereto be lodged on or before 7th March. 

3. Currey (Petitioner) v. Currey (Respondent)—The petition of Charles Alistair Currey praying for 

leave to appeal was presented and referred to an Appeal Committee (lodged 5th January). 

4. Al Fayed (Petitioner) and another and others (Petitioners) v. Commissioner of Police of the 

Metropolis and others (Respondents)—The petition of Mohamed Al Fayed, John 

Macnamara, Paul Handley-Greaves, Colin Dalman and John Allen praying for leave to 

appeal was presented and referred to an Appeal Committee (lodged 5th January). 

5. Hockenjos (Respondent) v. Secretary of State for Work and Pensions (Petitioner)—The petition 

of the Secretary of State for Work and Pensions praying for leave to appeal was presented and 

referred to an Appeal Committee (lodged 21st January). 


Justices and others (Appellants)—The appeal was set down for hearing and referred to an 

Appellate Committee. 



London Diocesan Fund and others and others (Respondents) v. Avonridge Property 

Company Limited (Petitioners)—That leave to appeal be given; and that the petition of appeal 

be lodged by 7th February. 

Pour (FC) (Petitioner) v. Lord Mayor and Citizens of the City of Westminster 

(Respondents)—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 


Feld (FC) (Petitioner) v. London Borough of Barnet (Respondents)—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.


2005 

Papers 


Majesty on the date shown, were ordered to lie on the Table: 

1. Criminal Justice—Treaty between the United Kingdom and Mexico on the Enforcement 

of Criminal Sentences, together with an Explanatory Memorandum; (21st January) 

(6453) 

2. Housing—Sustainable Communities: Homes for All: Government Proposals. (24th 

January) (6424) 

9. Statutory Instrument (Standing Order 71)—The following negative instrument, having been laid 

before the House on 21st January, was ordered to lie on the Table: 

Education (School Performance Information) (England) (Amendment) Regulations 2005, 

laid under the Education Act 1996. (51) 



Draft Insolvency (Northern Ireland) Order 2005, laid under the Northern Ireland Act 2000, 

together with an Explanatory Memorandum. 



Committee: 

Draft Regulatory Reform (Joint Nature Conservation Committee) Order 2005, together with 

a Statement by the Department for Environment, Food and Rural AVairs. 


on the Table: 

1. Education (School Attendance Targets) (England) Regulations 2005, laid under the 

School Standards and Framework Act 1998; (58) 

2. Salaries (Comptroller and Auditor General) Order (Northern Ireland) 2005, laid under 

the Northern Ireland Act 2000. (—) 



Accounts for the period April 2004-November 2004 of the Dudley Education Action Zone, 

laid under the School Standards and Framework Act 1998, together with the Report of the 

Comptroller and Auditor General. 


14. Liverpool City Council (Prohibition of Smoking in Places of Work) Bill [hl]— 

15. London Local Authorities Bill [hl]— 

16. London Local Authorities (Prohibition of Smoking in Places of Work) Bill [hl]— 

The bills were presented and read a first time. 



were moved and (by leave of the Committee) withdrawn; the House was resumed. 

18. Fire and Rescue Services (National Framework) (England) Order 2004—It was moved by the 

Baroness Hanham that an Humble Address be presented to Her Majesty praying that the 

Order, laid before the House on 14th December 2004, be annulled (S.I. 2004/3217); after 


19. Education Bill [hl]—The House again resolved itself into a Committee upon the bill; an 

amendment was disagreed to (see division list); amendments were moved and (by leave of the 

Committee) withdrawn; amendments were agreed to; the House was resumed and the bill was 

reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 18) 

The House was adjourned at fourteen minutes past ten o’clock 



127 

DIVISION 

EDUCATION BILL [HL] 

It was moved by the Lord Hanningfield, after Clause 100, to insert the new Clause (Annual parents’ 

meeting); which being objected to, the question was put thereupon, and the Committee divided: 

Contents … … … … … … 30 



Astor, V. 



Byford, B. 


Cox, B. 

Dundee, E. 

Ferrers, E. 

Fookes, B. 

CONTENTS 

Fowler, L. 


Hanham, B. 


Liverpool, E. 

Lyell, L. 




Montrose, D. 



Northesk, E. 


Renton, L. 

Saatchi, L. 



Stewartby, L. 



Andrews, B. 

Bach, L. 


Berkeley, L. 


Brennan, L. 




Chandos, V. 





Dearing, L. 

Dixon, L. 

Elder, L. 





Filkin, L. 

NOT-CONTENTS 

Gale, B. 


Giddens, L. 









Hoyle, L. 



Jones, L. 

Jordan, L. 


Listowel, E. 







Maxton, L. 

Morgan, L. 

Pendry, L. 

Peston, L. 

Radice, L. 


Rooker, L. 


Sawyer, L. 

Sewel, L. 





Triesman, L. 

Truscott, L. 



Walpole, L. 










Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 



Amos, B. 

Ampthill, L. 

Andrews, B. 



Arran, E. 



Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Bhatia, L. 


BiVen, L. 


Birt, L.


2005 


Blatch, B. 

Bledisloe, V. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 




Brookman, L. 



Burlison, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 





Carter, L. 


Chapman, B. 

Chester, Bp. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 



Colwyn, L. 

Condon, L. 



Courtown, E. 

Cox, B. 


Craigavon, V. 

Crawley, B. 




David, B. 





Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

D’Souza, B. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 




Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Fearn, L. 

Feldman, L. 

Ferrers, E. 

Filkin, L. 


Fitt, L. 

Flather, B. 

Fookes, B. 


Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 


Gavron, L. 

Geddes, L. 


Giddens, L. 

Glasgow, E. 


Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goschen, V. 





Greenway, L. 

Gregson, L. 


Grocott, L. 

Habgood, L. 

Hamwee, B. 

Hanham, B. 




Harrison, L. 


Haskel, L. 

Haskins, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Higgins, L. 




Hollick, L. 


Hooson, L. 

Howe, E. 






Hoyle, L. 





Hylton, L. 



Jellicoe, E. 


Jones, L. 

Jopling, L. 

Jordan, L. 

Kimball, L. 



Kingsdown, L. 

Kingsland, L. 

Kirkhill, L. 

Laidlaw, L. 

Laird, L. 

Laming, L. 




Lindsay, E. 


Lipsey, L. 

Listowel, E. 

Liverpool, E. 


Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 













McNally, L. 

Maddock, B. 


Mallalieu, B. 


Mancroft, L. 

Mar, C. 


Marlesford, L.


129 

Marsh, L. 




Maxton, L. 



Methuen, L. 



Mitchell, L. 


Monson, L. 


Montrose, D. 


Morgan, L. 





Moser, L. 


Naseby, L. 

Neuberger, B. 

Newby, L. 


Noakes, B. 



Northesk, E. 

Northover, B. 


Onslow, E. 

Ouseley, L. 

Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 


Parkinson, L. 

Patel, L. 

Patten, L. 


Peel, E. 

Pendry, L. 

Peston, L. 








Prashar, B. 

Prosser, B. 


Quinton, L. 

Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 



Rennard, L. 

Renton, L. 

Richard, L. 

Rix, L. 




Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 






Sandberg, L. 


Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 


Sheldon, L. 


Simon, V. 


Slim, V. 






Steinberg, L. 

Stern, B. 


Stewartby, L. 


Strange, B. 



Swinfen, L. 


Taverne, L. 







Thornton, B. 

Tombs, L. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 

Vinson, L. 


Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warnock, B. 




Whitaker, B. 

Wilcox, B. 

Wilkins, B. 






Winston, L. 

Wolfson, L. 






1. Oath—Patrick Robin Archibald Earl of Glasgow, having received a Writ of Summons in 

accordance with Standing Order 10 (Hereditary peers: by-elections) following the death of the 

Earl Russell, took and subscribed the oath pursuant to statute. 


2. Lewin (Northamptonshire County Council Trading Standards Service) (Petitioner) v. Purity Soft 

Drinks Limited (Respondents)—The petition of Bryan Roy Lewin praying for leave to appeal 

in accordance with the Administration of Justice Act 1960 was presented and referred to an 

Appeal Committee.


2005 

3. Ali (Respondent) v. Headteacher and Governors of Lord Grey School (Appellants)—The petition 


down the cause for hearing might be extended to 8th March (the agents for the respondent 




be extended to 8th March (the agents for the respondents consenting thereto) was presented; 


5. Appeal Committee—The 17th Report was made; the Appeal Committee reported that they had 

met and had heard Counsel; the report was agreed to and the following Order was made— 

Sutradhar (Petitioner) v. Natural Environment Research Council (Respondents)—That leave 

to appeal be given; and that the petition of appeal be lodged by 8th February. 



Kohanzad (Petitioner) v. Derbyshire Police Authority (Respondents)—That leave to appeal 

be refused; that the respondents be at liberty to apply for their costs in accordance with 



R (on the application of Gillan (FC) and another (FC)) (Petitioners) v. Commissioner of Police 

for the Metropolis and another (Respondents)—That leave to appeal be given; and that the 

petition of appeal be lodged by 8th February. 

R (on the application of PD) (Petitioner) v. West Midlands & North West Mental Health 

Review Tribunal (Respondents)—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. 

Papers 



Defence—Departmental Minute from the Ministry of Defence concerning the gifting of 

military equipment to the Interim Iraqi Government. (—) 



(i) Draft Adults with Incapacity (Scotland) Act 2000 (Consequential Modifications) 

(England, Wales and Northern Ireland) Order 2005, together with an Explanatory 

Memorandum— 

(ii) Draft Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005, together 

with an Explanatory Memorandum— 

(iii) Draft Education (Additional Support for Learning) (Scotland) Act 2004 

(Consequential Modifications) Order 2005, together with an Explanatory 

Memorandum— 

laid under the Scotland Act 1998. 


the Table: 

Occupational Pension Schemes (Winding Up, Deficiency on Winding Up and Transfer 

Values) (Amendment) Regulations 2005, laid under the Pension Schemes Act 1993. (72) 




7th Report, on the following negative instruments: 

Licensing Act 2003 (Transitional provisions) Order 2005; 

Licensing Act 2003 (Personal licences) Regulations 2005; 

Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005; 

Licensing Act 2003 (Licensing authority’s register) (other information) Regulations 2005; 

Licensing Act 2003 (Hearings) Regulations 2005; 

Licensing Act 2003 (Hearings) (Amendment) Regulations 2005; 

Licensing Act 2003 (Fees) Regulations 2005; 

Licensing Act 2003 (Transitional conversion fees) Regulations 2005. (HL Paper 33)


131 



Draft Asylum (Designated States) Order 2005; 

Draft Extradition Act 2003 (Amendment to Designations) Order 2005; 

Draft Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation 

Scheme) (Rights of Appeal) Regulations 2005; 

Draft Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005; 

Draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 

2005; 



12. Gambling Bill—A bill to make provision about gambling was brought from the Commons, read 

a first time and ordered to be printed. (HL Paper 19) 

13. Gambling Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 

19-EN) 

14. Charities Bill [hl]—It was moved by the Lord Bassam of Brighton, on behalf of the Baroness 

Scotland of Asthal, that it be an instruction to the Grand Committee to which the Charities 

Bill [hl] has been committed that they consider the bill in the following order: 


Schedules 1 and 2 Schedule 6 

Clauses 7 and 8 Clauses 33 to 69 

Schedules 3 and 4 Schedules 7 to 9 


Schedule 5 


15. Mental Capacity Bill—The House resolved itself into a Committee upon the bill; amendments were 

moved and (by leave of the Committee) withdrawn; the House was resumed. 

16. Public Services Ombudsman (Wales) Bill [hl]—The bill was reported from the Grand Committee 

with amendments; it was ordered that the bill be printed as amended. (HL Bill 20) 

17. A27—The Lord Baker of Dorking asked Her Majesty’s Government what proposals they have to 

improve the A27 between Chichester and Eastbourne; after debate, the question was answered 

by the Lord Davies of Oldham. 

18. Mental Capacity Bill—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 after clause 6 stood part. 

The House was adjourned at eight minutes past ten o’clock 


APPENDIX 



Public Services Ombudsman (Wales) Bill [hl]—The bill was considered in the Grand Committee; 


agreed to; it was ordered that the bill be reported with amendments. 

The Committee was adjourned at eighteen minutes before eight o’clock. 




Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 





Ampthill, L. 

Andrews, B. 



Arran, E. 

Ashcroft, L.


2005 


Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 

Bagri, L. 



Barker, B. 

Barnett, L. 



Bhatia, L. 


BiVen, L. 


Birt, L. 

Blackwell, L. 

Blaker, L. 

Blatch, B. 

Bledisloe, V. 

Blood, B. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 



Brookman, L. 



Burlison, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 







Carter, L. 



Chandos, V. 

Chapman, B. 

Chester, Bp. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 



Colwyn, L. 

Condon, L. 



Courtown, E. 

Cox, B. 


Craigavon, V. 

Crathorne, L. 

Crawley, B. 




David, B. 





Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 


Elder, L. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Feldman, L. 

Ferrers, E. 

Fitt, L. 

Flather, B. 

Fookes, B. 



Freyberg, L. 


Gale, B. 

Garden, L. 


Geddes, L. 


Giddens, L. 


Glasgow, E. 


Glentoran, L. 

Golding, B. 

Goodhart, L. 





Greenway, L. 

Gregson, L. 

Grenfell, L. 



Grocott, L. 

Hamwee, B. 

Hanham, B. 




Harrison, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 


HoVmann, L. 




Hooson, L. 


Howe, E. 





Hoyle, L. 






Hylton, L. 

Imbert, L. 




Jellicoe, E. 


Jones, L. 

Jopling, L. 

Jordan, L. 


Kimball, L. 



Kingsland, L. 

Kirkhill, L. 

Laird, L. 






Levy, L. 

Lindsay, E. 


Lipsey, L. 

Listowel, E. 

Liverpool, E. 



Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 


McColl of Dulwich, L.


133 









McNally, L. 

Maddock, B. 


Mallalieu, B. 


Mancroft, L. 

Mar, C. 



Marsh, L. 




Maxton, L. 





Mitchell, L. 


Monson, L. 


Montrose, D. 

Moran, L. 





Moser, L. 


Murphy, B. 


Naseby, L. 

Neuberger, B. 

Newby, L. 


Noakes, B. 



Northesk, E. 

Northover, B. 




Onslow, E. 

Ouseley, L. 

Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 


Parkinson, L. 

Patel, L. 

Patten, L. 

Paul, L. 


Pendry, L. 

Peston, L. 





Prashar, B. 

Prosser, B. 


Quinton, L. 

Quirk, L. 

Radice, L. 


Rana, L. 


Rawlings, B. 

Razzall, L. 

Rea, L. 

Reay, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 


Richard, L. 





Rogan, L. 


Roper, L. 

Rosser, L. 


Rowlands, L. 






Sandberg, L. 

Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 


Sheldon, L. 



Simon, V. 


Skidelsky, L. 

Slim, V. 








Steinberg, L. 


Stewartby, L. 


Strange, B. 



Swinfen, L. 


Taverne, L. 




Tenby, V. 




Thornton, B. 

Tombs, L. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 



Wakeham, L. 


Walmsley, B. 

Walpole, L. 


Warnock, B. 





Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 





Winston, L. 





1. Lord Aberdare—The Lord Chancellor acquainted the House that Lord Aberdare, a member of the 

House, had died on 23rd January 2005.


2005 


2. Regina v. Immigration OYcer at Prague Airport and another (Respondents) ex parte European 

Roma Rights Centre and another (FC) and another and others (FC) (Appellants)—Further 

to the Judgment of the House of 9th December 2004 (7th Report from the Appellate 

Committee, [2004] UKHL 55), it was ordered that the respondents do pay to the appellants 

50 per cent of the appellants’ costs in this House and below; and it was further ordered that 

the amount of the appellants’ costs in this House be certified by the Clerk of the Parliaments 

if not agreed between the parties, and that the amount of the appellants’ costs in the Court of 

Appeal and below if not agreed between the parties be determined by a Costs Judge. 

3. Scribes West Limited (Petitioners) v. Anstalt and others (Respondents)—The petition of Scribes 

West Limited praying for leave to appeal was presented and referred to an Appeal Committee 




Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Reynolds (FC) 

(Appellant)—That the petition of the Child Poverty Action Group that they might be heard 

or otherwise intervene in the said appeal be allowed to the extent that they may lodge written 

submissions only. 



Vakante (Petitioner) v. Addey and Stanhope School and others (Respondents)—That leave to 




Powerhouse Retail Limited and others (Respondents) v. Burroughs and others (Petitioners)— 

That leave to appeal be given; and that the petition of appeal be lodged by 9th February next. 

Smith (Petitioner) v. Secretary of State for Work and Pensions and another (Respondents)— 

That leave to appeal be given; and that the petition of appeal be lodged by 9th February next. 

N (Kenya) (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)— 

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 respondent be at liberty to apply for his costs in 

accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be 


Papers 



1. Finance—Treasury Minutes on the Forty-fourth to Forty-ninth Reports from the 

Committee of Public Accounts 2003-04; (6441) 

2. Treaty Series—Third Supplementary List of Ratifications, Accessions, Withdrawals, 

Etc., for 2004. (6454) 



1. Draft Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2005, 

laid under the Northern Ireland Arms Decommissioning Act 1997, together with an 

Explanatory Memorandum; 

2. Draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) 

(Amendment) Regulations 2005, laid under the Pneumoconiosis etc. (Workers’ 

Compensation) Act 1979, together with an Explanatory Memorandum; 

3. Draft Gangmasters (Licensing Authority) Regulations 2005, laid under the Gangmasters 

(Licensing) Act 2004, together with an Explanatory Memorandum; 

4. Draft Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 

2005, laid under the Data Protection Act 1998, together with an Explanatory 

Memorandum; 

5. Draft Drainage (Amendment) (Northern Ireland) Order 2005, laid under the Northern 

Ireland Act 2000, together with an Explanatory Memorandum. 


the Table: 

Education (Student Support) Regulations 2005, laid under the Teaching and Higher 

Education Act 1998. (52)


135 



Report for 2003-04 of HM Chief Inspector of Prisons for England and Wales, laid under the 

Prisons Act 1952. 



(Baroness Amos), that the debate on the motion in the name of the Baroness Whitaker set 

down for today shall be limited to 3 hours and that in the name of the Lord Hunt of Kings 

Heath to 3° hours; the motion was agreed to. 

11. Poverty in developing countries (3-hour debate)—It was moved by the Baroness Whitaker that 

there be laid before the House papers relating to the Government’s policies to reduce poverty 

in developing countries; after debate, the motion was (by leave of the House) withdrawn. 

12. House of Lords reform (3°-hour debate)—It was moved by the Lord Hunt of Kings Heath that 

there be laid before the House papers relating to the report of the Labour Peers’ Working 

Group on reform of the powers, procedures and conventions of the House of Lords; after 


The House was adjourned at twenty minutes past ten o’clock 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 



Ampthill, L. 

Andrews, B. 



Arran, E. 


Hamdon, L. 



Astor, V. 


Attlee, E. 

Avebury, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Best, L. 

Bhatia, L. 


BiVen, L. 


Bingham of Cornhill, L. 

Birt, L. 


Blaker, L. 

Blatch, B. 

Bledisloe, V. 

Blood, B. 





Boothroyd, B. 

Borrie, L. 



Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 



Brookman, L. 




Heywood, L. 

Burlison, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 






Carswell, L. 

Carter, L. 

Chandos, V. 

Chapman, B. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 



Colwyn, L. 

Condon, L. 



Courtown, E. 

Cox, B. 


Craigavon, V. 

Crathorne, L. 

Crawley, B. 




David, B. 



Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 



Elder, L. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkland, V. 

Falkner of Margravine, B.


2005 



Ferrers, E. 

Filkin, L. 


Fitt, L. 

Fookes, B. 


Freeman, L. 

Freyberg, L. 

Gale, B. 

Garden, L. 


Gavron, L. 

Geddes, L. 



Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 




Greenway, L. 

Grenfell, L. 


Grocott, L. 

Hale of Richmond, L. 

Hanham, B. 




Harrison, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Healey, L. 

Henig, B. 

Henley, L. 



HoVmann, L. 




Hooson, L. 




Howe, E. 






Hoyle, L. 




Hylton, L. 




Jones, L. 

Jopling, L. 

Jordan, L. 

Kalms, L. 

Kimball, L. 


Kingsland, L. 

Kirkhill, L. 


Laird, L. 

Laming, L. 




Leitch, L. 


Levy, L. 


Lipsey, L. 

Liverpool, E. 


Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 









McNally, L. 

Maddock, B. 



Mancroft, L. 

Mar, C. 



Marsh, L. 



Maxton, L. 





Mitchell, L. 


Monson, L. 


Montrose, D. 

Moran, L. 





Murphy, B. 


Naseby, L. 

Neuberger, B. 

Newby, L. 




Nicol, B. 

Noakes, B. 



Northesk, E. 

Northover, B. 


Onslow, E. 

Ouseley, L. 

Oxburgh, L. 

Palmer, L. 

Parekh, L. 


Parkinson, L. 

Patel, L. 

Patten, L. 

Paul, L. 


Pendry, L. 


Peston, L. 





Plumb, L. 




Prosser, B. 


Quirk, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 


Richard, L. 

Rix, L. 





Rogan, L. 


Rooker, L. 

Roper, L. 

Rosslyn, E. 


Rowlands, L. 







Sandberg, L. 

Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L.


137 



Sheldon, L. 



Simon, V. 


Skidelsky, L. 







Stern, B. 

Stewartby, L. 




Swinfen, L. 


Taverne, L. 




Tenby, V. 





Thornton, B. 

Tomlinson, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 


Wakeham, L. 

Walker of Gestingthorpe, L. 


Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 





Whitaker, B. 

Wilcox, B. 

Wilkins, B. 






Winston, L. 







1. Regina v. Parole Board (Respondents) ex parte Smith (FC) (Appellant)— 

2. Regina v. Parole Board (Respondents) ex parte West (FC) (Appellant)— 



Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the 

appeal of Smith be allowed and the Order of the Court of Appeal of 31st July 2003 set aside; 

that the appeal of West be allowed and the Order of the Court of Appeal of 14th November 

2002 and also the order of Mr Justice Turner of 26th April 2002 be set aside except for the 

provision in the two orders for a detailed Community Legal Service Funding assessment; that 

in both appeals it be declared that “the Parole Board breached its duty of procedural fairness 

owed to the Appellant by failing to oVer him an oral hearing of his representations against 

revocation of his licence and was accordingly in breach of Article 5 (4) of the European 

Convention on Human Rights”; that in the appeal of Smith the respondents do pay to the 

appellant his costs here and below; and that the question of costs in the appeal of West be 

adjourned in order that the parties may make written submissions within 14 days, 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 in this House be taxed in accordance 

with the Access to Justice Act 1999. [2005] UKHL 1 

3. Gregg (FC) (Appellant) v. Scott (Respondent)—It was moved by the Lord Nicholls of Birkenhead, 

That the 10th Report from the Appellate Committee be agreed to; the motion was agreed to. 

It was ordered and adjudged that the Order appealed from be aYrmed and the appeal 

dismissed with costs; and that the amounts thereof, if any, to be paid by the appellant and to 

be paid out of the Community Legal Service Fund be certified by the Clerk of the Parliaments 

in accordance with section 11 of the Access to Justice Act 1999. [2005] UKHL 2 

4. Jackson and another (Original Appellants and Cross-respondents) v. Royal Bank of Scotland 

(Original Respondents and Cross-appellants)—It was moved by the Lord Nicholls of 

Birkenhead, That the 11th Report from the Appellate Committee be agreed to; the motion 

was agreed to. It was ordered and adjudged that the appeal be allowed and the cross-appeal 

dismissed; that the Order of the Court of Appeal of 28th June 2000 be set aside and the Order 

of His Honour Judge Kershaw QC in the High Court, Queen’s Bench Division, Mercantile 

List (Liverpool) of 24th September 1998 restored so far as regards the principal sum to be 

awarded to the claimants (the appellants in this House) as damages; that the rate of interest 

to be applied to that award of damages be determined by agreement between the parties; that 

the exchange rate to be applied to convert the award from US Dollars to Pounds Sterling once 

the final figure has been established also be determined by agreement between the parties; and 

that the question of costs be adjourned in order that the parties may make written submissions 

within 14 days. [2005] UKHL 3 

5. Regina v. Camberwell Green Youth Court (Respondents) ex parte D (a minor) (by his mother and 

litigation friend) (FC) (Appellant) (Criminal Appeal from Her Majesty’s High Court of 

Justice)—


2005 

6. Regina v. Camberwell Green Youth Court (Respondents) ex parte Director of Public Prosecutions 

(Respondent) (G (by his mother and litigation friend) (FC) (Appellant) (Interested Party)) 

(Criminal Appeal from Her Majesty’s High Court of Justice)— 

It was moved by the Lord Nicholls of Birkenhead, That the 12th Report from the Appellate 


appeal of D and the appeal of G be dismissed; that the two Orders of the Divisional Court of 

4th February 2003 be aYrmed; that the certified question be answered in the aYrmative; and 

that the costs of the appellants be taxed in accordance with the Access to Justice Act 1999. 

[2005] UKHL 4 

7. Trennery (Respondent) v. West (Her Majesty’s Inspector of Taxes) (Appellant) and four other 

actions—It was moved by the Lord HoVmann, on behalf of the Lord Steyn, That the 13th 


and adjudged that the Order of the Court of Appeal of 18th December 2003 be set aside and 

the Order of Mr Justice Peter Smith in the High Court of Justice, Chancery Division of 1st 

April 2003 restored; that the appellants do pay to the respondents their costs in this House and 

that the respondents do pay to the appellants their costs in the Court of Appeal, the amount 

of such costs in this House to be certified by the Clerk of the Parliaments if not agreed between 

the parties. [2005] UKHL 5 

8. In re J (a child) (England)—The appeal of the mother was presented and it was ordered that in 

accordance with Standing Order VI the statement and appendix thereto be lodged on or before 

10th March. 

9. Burton (Her Majesty’s Collector of Taxes) (Respondent) v. Mellham Limited (Appellants)—The 




cause for hearing might be extended to 14th March (the agents for the respondents consenting 




Papers 



Housing—Government Response to the Report of the House of Commons Select Committee 

on the OYce of the Deputy Prime Minister on Gypsy and Traveller Sites. (6465) 



1. Draft Anti-terrorism, Crime and Security Act 2001 (Continuance in force of Sections 21 

to 23) Order 2005, laid under the Anti-terrorism, Crime and Security Act 2001, together 

with an Explanatory Memorandum; 

2. (i) Code of Audit Practice for Local NHS bodies (2005), together with an Explanatory 

Memorandum— 

(ii) Code of Audit Practice for local government bodies (2005), together with an 


laid under the Audit Commission Act 1998. 


on the Table: 

1. Merchant Shipping (Prevention of Pollution) (Drilling Rigs and Other Platforms) Order 

2005, laid under the Railways and Transport Safety Act 2003; (74) 

2. Fees for Assessment of Active Substances (Third Stage Review) Regulations 2005, laid 

under the European Communities Act 1972. (117) 



Performance Report for Each English Waste Authority in Meeting their Recycling 

Requirements, laid under the Household Waste Recycling Act 2003. 


15. Human Rights—The 5th Report of the Joint Committee, Identity Cards Bill, together with an 

appendix, was made and ordered to be printed. (HL Paper 35)


139 


16. Liverpool City Council (Prohibition of Smoking in Places of Work) Bill [hl]— 

17. London Local Authorities (Prohibition of Smoking in Places of Work) Bill [hl]— 

It was reported by the Chairman of Committees, pursuant to Private Business Standing Order 

91 (Special circumstances), that he had received reports on the bills from Miss Melanie 

Johnson MP, Parliamentary Under-Secretary of State for Public Health, in respect of the 

Promoters’ assessment of the compatibility of the bill’s proposals with the European 

Convention on Human Rights which stated the following: “I believe the promoters have 

undertaken such an assessment. However, I believe that in the following respect only the Bill 

may not be compatible with Convention rights. I see no need to dispute their other 

conclusions. The exclusion from the prohibition on smoking in places of work that applies for 

domestic premises in Clause 4 (meaning of “place of work”) is drawn narrowly. For example, 

long term residential accommodation which is the sole home of an individual may fall outside 

the definition of “domestic premises” in Clause 4(2), even where it is the individual’s sole home 

and only occasionally a place of work. It follows that there might be circumstances in which 

a total prohibition on smoking tobacco in such accommodation could constitute a 

disproportionate interference with the right to respect for private and family life within the 

meaning of Article 8 of the Convention, having regard to the fact that smoking tobacco is a 

legal activity. I consider that the Opinion on compliance with Convention rights submitted by 

the promoters does not address this issue suYciently and that paragraphs 7 and 16 of that 

Opinion appear to be inconsistent. I am unable to conclude that the Bill is compatible with the 

Convention”. 

18. London Local Authorities Bill [hl]—It was reported by the Chairman of Committees, pursuant to 

Private Business Standing Order 91 (Special circumstances), that he had received a report on 

the bill from Mr Keith Hill MP, Minister for Housing & Planning and Minister for London, 

stating that, in the Minister’s opinion, the promoters have failed to undertake an adequate 

assessment of the compatibility of their proposals with the European Convention on Human 

Rights in respect of clause 78(1), clauses 117 to 119 and clause 120 and giving his reasons for 

this opinion. Save for these clauses, he considers that the promoters have undertaken a full 

assessment of the compatibility of their proposals with the European Convention on Human 

Rights and sees no need to dispute their conclusions. 


19. Commissioners for Revenue and Customs Bill—A bill to make provision for the appointment of 

Commissioners to exercise functions presently vested in the Commissioners of Inland 

Revenue and the Commissioners of Customs and Excise; for the establishment of a Revenue 

and Customs Prosecutions OYce; and for connected purposes was brought from the 

Commons, read a first time and ordered to be printed. (HL Bill 21) 

20. Commissioners for Revenue and Customs Bill—It was ordered that the Explanatory Notes 



amendments were moved and (by leave of the Committee) withdrawn; the House was 

resumed. 

22. Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005—It was moved by 

the Lord Rooker that the draft Order laid before the House on 10th January be approved; 


23. Local Authorities (Contracting Out of BID Levy Billing, Collection and Enforcement Functions) 

Order 2004—It was moved by the Lord Rooker that the draft Order laid before the House on 

15th December 2004 be approved; after debate, the motion was agreed to. 

24. Representation of the People (Variation of Limits of Candidates’ Election Expenses) (City of 

London) Order 2005—It was moved by the Lord Rooker that the draft Order laid before the 

House on 9th December 2004 be approved; after debate, the motion was agreed to. 





agreed to; the House was resumed after clause 25 stood part. 

26. Railways Bill—A bill to amend the law relating to the provision and regulation of railway services; 

and for connected purposes was brought from the Commons, read a first time and ordered to 

be printed. (HL Bill 22)

140 27th-31st January 

2005 

27. Railways Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 

22-EN) 

The House was adjourned at eight minutes past seven o’clock 


Monday 31st January 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 


Alli, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 




Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Bhatia, L. 


BiVen, L. 




Boothroyd, B. 

Borrie, L. 



Bragg, L. 

Brett, L. 

Bridgeman, V. 



Brookman, L. 



Burlison, L. 

Buscombe, B. 

Caithness, E. 





Carter, L. 


Chan, L. 

Chandos, V. 

Chester, Bp. 



Chorley, L. 






Cockfield, L. 

Colwyn, L. 

Condon, L. 



Courtown, E. 


Crawley, B. 


Croham, L. 

Cuckney, L. 



David, B. 



Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 


Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 

Elder, L. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Fearn, L. 

Ferrers, E. 

Filkin, L. 

Fitt, L. 

Fookes, B. 


Freeman, L. 


Gale, B. 

Garden, L. 



Geddes, L. 


Giddens, L. 

Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 



Gregson, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 






Haskins, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Higgins, L. 






Hooper, B. 

Hooson, L. 






Hoyle, L. 





Hylton, L. 

Imbert, L. 

Inglewood, L. 



Jones, L.

2005 31st January 

141 

Jopling, L. 

Jordan, L. 

Judd, L. 

Kalms, L. 



Kingsland, L. 

Kinnock, L. 


Laird, L. 





Leitch, L. 


Lipsey, L. 

Listowel, E. 


Lockwood, B. 

Lucas, L. 

Luke, L. 

Lyell, L. 


McCluskey, L. 


McDonagh, B. 









McNally, L. 

Mallalieu, B. 

Mancroft, L. 

Mar, C. 

Marsh, L. 




Maxton, L. 





Monson, L. 



Morgan, L. 





Moser, L. 


Moynihan, L. 

Murphy, B. 


Naseby, L. 

Neuberger, B. 

Newby, L. 


Noakes, B. 



Northesk, E. 

Northover, B. 

Norwich, Bp. 



Onslow, E. 

Ouseley, L. 

Oxburgh, L. 

Palmer, L. 

Parekh, L. 




Pendry, L. 

Peston, L. 




Plumb, L. 


Prosser, B. 


Puttnam, L. 

Quinton, L. 

Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 

Richard, L. 

Rix, L. 





Rosser, L. 

Rosslyn, E. 

Rowlands, L. 








Sawyer, L. 


Seccombe, B. 

Selborne, E. 


Selsdon, L. 

Sewel, L. 



Sheldon, L. 

Simon, V. 


Skidelsky, L. 






Steinberg, L. 

Stern, B. 


Stewartby, L. 





Taverne, L. 



Tenby, V. 

Thatcher, B. 



Thornton, B. 

Tope, L. 

TordoV, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 


Wakeham, L. 



Walmsley, B. 

Warner, L. 

Warnock, B. 




Whitaker, B. 

Wilcox, B. 

Wilkins, B. 




Winston, L. 



PRAYERS were read by the Lord Bishop of Southwark. 

1. Lord Kinnock—The Right Honourable Neil Gordon Kinnock, having been created Baron 

Kinnock, of Bedwellty in the County of Gwent, for life by Letters Patent dated 28th January 

2005, was introduced between the Baroness Amos and the Baroness Royall of Blaisdon, the 

Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and 

subscribed the solemn aYrmation pursuant to statute (see Appendix 1).

142 31st January 

2005 


2. Birmingham City Council (Respondents) v. Doherty (FC) (Petitioner) and others—The petition of 

William Doherty praying for leave for an appeal to be brought direct from the High Court of 

Justice in accordance with Part II of the Administration of Justice Act 1969 was presented and 

referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged 


3. R v. Bradley (Petitioner)—The petition of David Benjamin Bradley praying for leave to appeal in 

accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal 


4. In re Sinn Fein (Appellants) (Northern Ireland)—The petition of the appellants praying that the 


extended to 9th March next (the agents for the respondent consenting thereto) was presented; 


Papers 



Housing—Sustainable Communities—People, Places and Prosperity: Government Proposals. 

(6425) 

6. Statutory Instrument (Standing Order 71)—The following negative instrument, having been laid 

before the House on 28th January, was ordered to lie on the Table: 

Registration of Political Parties (Prohibited Words and Expressions) (Amendment) Order 

2005, laid under the Political Parties, Elections and Referendums Act 2000. (147) 



1. Draft Social Security (Inherited SERPS) (Amendment) Regulations 2005, laid under the 

Welfare Reform and Pensions Act 1999, together with an Explanatory Memorandum; 

2. (i) Draft Pension Protection Fund (PPF Ombudsman) Order 2005, together with an 


(ii) Draft Pension Protection Fund (Pension Compensation Cap) Order 2005, together 


laid under the Pensions Act 2004; 

3. Draft Tax Credits Up-rating Regulations 2005, laid under the Tax Credits Act 2002, 

together with an Explanatory Memorandum; 

4. Draft Child Benefit and Guardian’s Allowance Up-rating Order 2005, laid under the 

Social Security Administration Act 1992, together with an Explanatory Memorandum; 

5. Draft Child Benefit and Guardian’s Allowance Up-rating (Northern Ireland) Order 2005, 

laid under the Social Security Administration (Northern Ireland) Act 1992, together with 

an Explanatory Memorandum; 

6. Draft Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 

2005, laid under the Government Resources and Accounts Act 2000, together with an 

Explanatory Memorandum. 


on the Table: 

1. Transport Act 2000 (Commencement of Quality Contracts Schemes) (England) Order 

2005, laid under the Transport Act 2000; (75) 

2. Road TraYc (Permitted Parking Area and Special Parking Area) (Metropolitan Borough 

of Stockport) Order 2005, laid under the Road TraYc Act 1991; (81) 

3. Town and Country Planning (General Permitted Development) (Amendment) (England) 

Order 2005, laid under the Town and Country Planning Act 1990; (85) 

4. Unsolicited Goods and Services Act 1971 (Electronic Commerce) (Amendment) 

Regulations 2005, laid under the European Communities Act 1972. (148) 


9. Business of the House—It was moved by the Lord President (Baroness Amos) that the Report of 

the Select Committee on Economic AVairs on Monetary and Fiscal Policy: Present Successes 

and Future Problems (3rd Report, Session 2003–04, HL Paper 176) be referred to a Grand 

Committee; after debate, the motion was agreed to.

2005 31st January-1st February 

143 

10. Child Trust Funds (Amendment) Regulations 2005—It was moved by the Lord President 

(Baroness Amos) that the draft Regulations be referred to a Grand Committee; the motion 



any Unstarred Question taken in a Grand Committee shall be limited to one and a half hours; 


12. Renewable Energy Bill [hl]—The order of commitment was discharged. 

13. School Transport Bill—It was moved by the Lord Filkin that the bill be now read a second time; 

after debate, the motion was agreed to and the bill was committed to a Grand Committee. 

14. Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV for Northern 

Ireland Parties, etc) Order 2005—It was moved by the Lord President (Baroness Amos) that 

the draft Order laid before the House on 20th December 2004 be approved; after debate, the 


15. Northern Ireland—It was moved by the Lord President (Baroness Amos) that this House takes 

note of developments in Northern Ireland; after debate, the motion was agreed to. 

The House was adjourned at a quarter past eight 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 Counsellor 

Neil Gordon Kinnock to the state degree style dignity title and honour of Baron Kinnock of Bedwellty 

in Our County of Gwent 

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 Kinnock 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 twenty-eighth day of January in the fifty-third year of Our Reign 

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL 

Tuesday 1st February 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 


Alli, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 




Arran, E. 





Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Bhatia, L. 


BiVen, L. 


Birt, L. 


Blackwell, L. 

Blaker, L. 

Blatch, B. 

Bledisloe, V. 


Boothroyd, B. 

Borrie, L. 



Bragg, L. 

Bramall, L. 

Brett, L.

144 1st February 

2005 

Bridgeman, V. 

Bridges, L. 




Brookman, L. 



Burlison, L. 

Burns, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 




Carter, L. 



Chan, L. 

Chandos, V. 

Chapman, B. 

Chester, Bp. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 


Colwyn, L. 



Courtown, E. 


Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Cuckney, L. 




David, B. 




Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 


Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Durham, Bp. 

Dykes, L. 

Eatwell, L. 


Elder, L. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Fearn, L. 

Ferrers, E. 

Fitt, L. 

Flather, B. 

Fookes, B. 



Freeman, L. 


Gale, B. 

Garden, L. 



Gavron, L. 

Geddes, L. 


Giddens, L. 

Gilbert, L. 


Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goudie, B. 




Greaves, L. 


Gregson, L. 

GriYths, L. 


Grocott, L. 

Hamwee, B. 





Harrison, L. 


Haskins, L. 

Haworth, L. 

Hayhoe, L. 

Henig, B. 

Henley, L. 

Higgins, L. 






Hooper, B. 

Hooson, L. 



Howe, E. 





Hoyle, L. 






Hylton, L. 

Inglewood, L. 



Jellicoe, E. 


Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 



Kimball, L. 



Kingsland, L. 

Kirkham, L. 

Kirkhill, L. 


Laird, L. 

Laming, L. 



Layard, L. 

Leitch, L. 

Levy, L. 

Lindsay, E. 

Lipsey, L. 

Liverpool, E. 



Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 


McCluskey, L. 


McDonagh, B. 










McNally, L. 



Mancroft, L. 

Mar, C. 



Marsh, L. 




Maxton, L. 



Methuen, L.


145 



Mitchell, L. 


Monson, L. 


Montrose, D. 


Moran, L. 

Morgan, L. 






Moynihan, L. 

Murphy, B. 


Naseby, L. 

Neuberger, B. 

Newby, L. 



Noakes, B. 



Northesk, E. 

Northover, B. 


Norwich, Bp. 



Onslow, E. 

Ouseley, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 


Patel, L. 



Pendry, L. 

Peston, L. 







Plumb, L. 


Prosser, B. 


Puttnam, L. 

Quinton, L. 

Quirk, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 



Rennard, L. 

Renton, L. 

Richard, L. 

Rix, L. 





Rogan, L. 


Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 







Sawyer, L. 

Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 


Simon, V. 









Steinberg, L. 

Stern, B. 

Stewartby, L. 




Swinfen, L. 




Tenby, V. 

Thatcher, B. 





Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Triesman, L. 


Truro, Bp. 

Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 


Wakeham, L. 



Walmsley, B. 

Walpole, L. 

Warner, L. 

Warnock, B. 




Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 





Winston, L. 





1. Leave of Absence—Leave of absence was granted to the Lord Chancellor for Friday 4th February. 


2. Jones (Appellant) v. Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of 

Saudi Arabia) (Respondents) (England)—The appeal of Ronald Grant Jones was presented 

without payment of the fee, such fee having been waived by the Appeal Committee pursuant 

to Standing Order XIII; and it was ordered that in accordance with Standing Order VI the 

statement and appendix thereto be lodged on or before 15th March (lodged 28th January). 

3. Fayed and others (Appellants) v. Her Majesty’s Commissioners of Inland Revenue (Respondents) 

(Scotland)—The appeal was set down for hearing and referred to an Appellate Committee 

(lodged 31st January).


2005 


Limited (Original Respondents and Cross-appellants)—The appeal was set down for hearing 

and referred to an Appellate Committee. 

5. Rees (FC) (Respondent) v. Darlington Memorial Hospital NHS Trust (Appellants)—The 

respondent’s certificate of public funding was lodged. 

6. In re J (a child) (FC)—The appellant’s certificate of public funding was lodged. 

Papers 



Social Security—Report by the Government Actuary on the drafts of the Social Security 

Benefits Up-rating Order 2005 and the Social Security (Contributions) (Re-rating and 

National Insurance Funds Payments) Order 2005. (6457) 



1. (i) Draft Social Security Benefits Up-rating Order 2005, together with an Explanatory 

Memorandum— 

(ii) Draft Social Security (Contributions) (Re-rating and National Insurance Funds 

Payments) Order 2005, together with an Explanatory Memorandum— 

laid under the Social Security Administration Act 1992; 

2. Draft Guaranteed Minimum Pensions Increase Order 2005, laid under the Pension 

Schemes Act 1993, together with an Explanatory Memorandum. 


on the Table: 

1. Rail Vehicle Accessibility (Heathrow Express Class 360/2) Exemption Order 2005, laid 

under the Disability Discrimination Act 1995; (86) 

2. Tax Credits (Approval of Child Care Providers) Scheme 2005, laid under the Tax Credits 

Act 2002; (93) 

3. Tynemouth College and North Tyneside College (Dissolution) Order 2005, laid under the 

Further and Higher Education Act 1992; (94) 

4. Hill Farm Allowance Regulations 2005, laid under the European Communities Act 1972; 

(154) 

5. Social Security (Contributions) (Amendment) Regulations 2005, laid under the Social 

Security Contributions and Benefits Act 1992. (166) 





South-west Territorial Waters (Prohibition of Pair Trawling) Order 2004; 

South-west Territorial Waters (Prohibition of Pair Trawling) (Amendment) Order 2005; 

Supply of Extended Warranties on Domestic Electrical Goods Order 2005. (HL 

Paper 36) 

11. Tax Law Rewrite Bills—The First Report from the Joint Committee, being a report on the Income 

Tax (Trading and Other Income) Bill, was made and ordered to be printed, together with the 

minutes of proceedings and the minutes of evidence. (HL Paper 37) 



Draft Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2005; 

Draft Gangmasters (Licensing Authority) Regulations 2005; 

Draft Gender Recognition (Approved Countries and Territories) Order 2005; 

Draft Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2005; 

Draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) 

(Amendment) Regulations 2005; 

Draft Terrorism Act 2000 (Continuance of Part VII) Order 2005; 

it was ordered that the Report be printed. (HL Paper 38)

2005 1st-2nd February 

147 



amendments were moved and (by leave of the Committee) withdrawn; the House was 

resumed. 

14. Parliamentary Constituencies (Scotland) Order 2005—It was moved by the Lord Evans of Temple 

Guiting that the draft Order laid before the House on 14th December 2004 be approved; after 





amendments were moved and (by leave of the Committee) withdrawn; the House was resumed 

after clause 40 stood part. 

The House was adjourned at eighteen minutes before eleven o’clock 


Wednesday 2nd February 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 

Alli, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 






Attlee, E. 

Avebury, L. 




Barnett, L. 



Berkeley, L. 

Bhatia, L. 


BiVen, L. 


Birt, L. 


Blackwell, L. 

Blaker, L. 

Blatch, B. 

Bledisloe, V. 

Blood, B. 

Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bragg, L. 



Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 




Brookman, L. 



Burlison, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 



Canterbury, Abp. 



Carter, L. 


Chan, L. 

Chandos, V. 

Chapman, B. 

Chester, Bp. 

Chorley, L. 





Cobbold, L. 

Cockfield, L. 


Colwyn, L. 

Condon, L. 



Coventry, Bp. 


Craigavon, V. 

Crathorne, L. 

Crawley, B. 





David, B. 




Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dykes, L. 

Eatwell, L. 


Elder, L. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Fearn, L. 

Ferrers, E. 

Filkin, L.

148 2nd February 

2005 

Fitt, L. 

Flather, B. 

Fookes, B. 



Freeman, L. 


Gale, B. 

Garden, L. 


Geddes, L. 

Giddens, L. 


Golding, B. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 



Greaves, L. 


Greenway, L. 

Gregson, L. 

Grenfell, L. 

GriYths, L. 



Grocott, L. 

Hamwee, B. 

Hanham, B. 





Harrison, L. 

Haworth, L. 

Hayhoe, L. 

Healey, L. 

Henig, B. 

Henley, L. 

Higgins, L. 




Hooper, B. 

Hooson, L. 



Howe, E. 






Hoyle, L. 





Hylton, L. 

Imbert, L. 

Inglewood, L. 



Jellicoe, E. 


Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 


Kimball, L. 



Kingsland, L. 

Kirkhill, L. 


Laird, L. 






Leitch, L. 

Levy, L. 

Lindsay, E. 


Lipsey, L. 

Listowel, E. 

Liverpool, E. 




Lucas, L. 

Luke, L. 

Lyell, L. 


McCluskey, L. 


McDonagh, B. 








McNally, L. 

Maddock, B. 


Mancroft, L. 

Mar, C. 



Marsh, L. 




Maxton, L. 




Mitchell, L. 



Monson, L. 


Montrose, D. 

Morgan, L. 






Murphy, B. 


Naseby, L. 


Neuberger, B. 

Newby, L. 


Nickson, L. 

Noakes, B. 



Northesk, E. 

Northover, B. 




Owen, L. 

Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 


Patel, L. 


Paul, L. 


Pendry, L. 

Peston, L. 





Plumb, L. 


Prosser, B. 

Puttnam, L. 

Quinton, L. 

Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 

Richard, L. 





Rogan, L. 


Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 




St. Edmundsbury and Ipswich, Bp. 




Sandwich, E. 

Sawyer, L. 

Scott of Needham Market, B.


149 

Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 



Sheldon, L. 



Simon, V. 


Skidelsky, L. 









Stewartby, L. 





Swinfen, L. 


Taverne, L. 


Tenby, V. 




Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 

Vinson, L. 


Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 





Whitaker, B. 

Whitty, L. 

Wilcox, B. 











1. Miles (Petitioner) v. Chief Constable of Kent (Respondent)—The petition of John Miles 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 26th November). 

2. R (on the application of Laporte) (FC) (Petitioner) v. Chief Constable of Gloucestershire 

(Respondent)—The petition of Jane Laporte praying for leave to appeal was presented and 

referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged. 

3. Her Majesty’s Attorney General (Respondent) v. Bhamjee (Petitioner)—The petition of Ismail 

Abdulhai Bhamjee 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 




Northern Ireland) (Northern Ireland)—The petition of the Secretary of State for Northern 

Ireland praying for leave to intervene in the said appeal was presented and referred to an 


5. R v. Jones (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R 

v. J (Respondent))— 

6. R v. Milling (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formerly 

R v. M (Respondent))— 

7. R v. Olditch (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formerly 

R v. O (Respondent))— 

8. R v. Pritchard (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formerly 

R v. P (Respondent))— 

9. R v. Richards (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formerly 

R v. R (Respondent))— 

The petition of the appellant praying that the appeals be consolidated, that he be allowed to 

lodge one statement, one appendix and one case and be jointly represented in respect of the 

appeals and that the respondents have leave to lodge one case in respect of the appeals (the 

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


2005 


(Appellants) (Civil Appeal from Her Majesty’s High Court of Justice)—Upon application by 

the appellants (the agents for the respondents consenting thereto), it was ordered that the 

appeal be withdrawn and that the appellants do pay to the respondents their costs before this 

House, the amount of such costs to be certified by the Clerk of the Parliaments if not agreed 


Papers 



1. Social Security—Opportunity and security throughout life: Government Proposals; 

(6447) 

2. Draft Children (Contact) and Adoption Bill; (6462) 

3. Finance—Memorandum from the Public Accounts Committee on the Northern Ireland 

Department of Finance and Personnel. (6468) 



1. Draft Child Support (Miscellaneous Amendments) Regulations 2005, laid under the 

Child Support Act 1991, together with an Explanatory Memorandum; 

2. Draft Occupational Pension Schemes (Levies) Regulations 2005, laid under the Pensions 


3. (i) Draft Social Security (Intensive Activity Period 50 to 59 Pilot) Regulations 2005, 


(ii) Draft Social Security (Intensive Activity Period 50 to 59 Pilot) (No. 2) Regulations 

2005, together with an Explanatory Memorandum— 

laid under the Jobseekers Act 1995; 


on the Table: 

1. Road TraYc (Permitted Parking Area and Special Parking Area) (Metropolitan District 

of Leeds) Order 2005, laid under the Road TraYc Act 1991; (95) 

2. Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) 

Order 2005, laid under the Access to Justice Act 1999; (184) 

3. Pensions Regulator Code of Practice No. 1: Reporting breaches of the law, laid under the 

Pensions Act 2004. (—) 



1. Report for 2003–04 of Her Majesty’s Chief Inspector of Schools, laid under the School 

Inspections Act 1996; 

2. Accounts for 2003–04 of the Local Probation Boards, laid under the Criminal Justice and 

Court Services Act 2000, together with the Report of the Comptroller and Auditor 

General. 





Management of OVenders and Sentencing Bill [hl]; 

School Transport Bill; 

TraYc Wardens and Parking Attendants Bill [hl]; (HL Paper 39) 

8th Report, on the following Orders: 

Draft Regulatory Reform (Prison OYcers) (Industrial Action) Order 2005; 

Draft Regulatory Reform (Trading Stamps) Order 2005; 

Draft Regulatory Reform (Joint Nature Conservation Committee) Order 2005. 

Paper 40) 

(HL

2005 2nd-3rd February 

151 


16. HBOS Group Reorganisation (Petition for bill)—It was reported from the Standing Orders 

Committee, that the Standing Orders not complied with in respect of the Petition for the bill 

ought to be dispensed with; the report was agreed to. 



the motion in the name of the Lord Hannay of Chiswick set down for today shall be limited 

to 4 hours and that in the name of the Lord Northbourne to 2 hours; the motion was agreed to. 

18. Children (Contact) and Adoption Bill, Draft—It was moved by the Lord President (Baroness 

Amos) that it is expedient that a Joint Committee of Lords and Commons be appointed to 

consider and report on any draft Children (Contact) and Adoption Bill presented to both 

Houses by a Minister of the Crown, and that the Committee should report on the draft Bill 

by 26th May 2005; the motion was agreed to and a message was ordered to be sent to the 

Commons to acquaint them therewith. 

19. Inquiries Bill [hl]—It was moved by the Lord Davies of Oldham, on behalf of the Lord Falconer 

of Thoroton, that the amendments for the Report stage be marshalled and considered in the 

following order: 



Clause 45 Clauses 47 to 50; 

Schedule 2 


20. United Nations reform, and conflict in Africa (4-hour debate)—It was moved by the Lord Hannay 

of Chiswick that there be laid before the House papers relating to the Report to the United 

Nations by the High-Level Panel on Threats, Challenges and Change, the Millennium 

Development Goals Review, and to the causes of conflict in Africa; after debate, the motion 

was (by leave of the House) withdrawn. 

21. Parents and children (2-hour debate)—It was moved by the Lord Northbourne that there be laid 

before the House papers relating to the role of parents in the welfare of children and to the 

case for involving parents more in the design and delivery of services for children; after debate, 


22. TraYc Wardens and Parking Attendants Bill [hl]—It was moved by the Lord Lucas that the bill 

be now read a second time; after debate, the motion was agreed to and the bill was committed 

to a Committee of the Whole House. 

The House was adjourned at seventeen minutes past ten o’clock 



Thursday 3rd February 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Adebowale, L. 

Ahmed, L. 

Alderdice, L. 



Ampthill, L. 

Andrews, B. 






Astor, V. 


Avebury, L. 

Bach, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Best, L. 

Bhatia, L. 


BiVen, L. 



Blackwell, L. 

Blaker, L. 

Blatch, B. 

Bledisloe, V. 

Blood, B. 

Boothroyd, B. 

Borrie, L. 


Bowness, L. 

Boyce, L. 


Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 

Broers, L.

152 3rd February 

2005 




Brookman, L. 




Heywood, L. 

Burlison, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 






Carswell, L. 

Carter, L. 


Chandos, V. 

Chester, Bp. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 

Colwyn, L. 

Condon, L. 




Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Cuckney, L. 



David, B. 





Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 



Elder, L. 

Elles, B. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Feldman, L. 

Ferrers, E. 

Filkin, L. 

Fitt, L. 

Flather, B. 

Fookes, B. 


Freeman, L. 

Gale, B. 

Garden, L. 



Gavron, L. 

Geddes, L. 


Giddens, L. 

Gilbert, L. 


Goldsmith, L. 

Goodhart, L. 

Goschen, V. 


Greaves, L. 


Greenway, L. 

Grenfell, L. 


Grocott, L. 


Hamwee, B. 

Hanham, B. 





Harrison, L. 


Haworth, L. 

Hayhoe, L. 

Henig, B. 

Henley, L. 

Higgins, L. 



HoVmann, L. 




Hooper, B. 

Hooson, L. 




Howe, E. 






Hoyle, L. 





Hylton, L. 

Imbert, L. 




Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 



Kimball, L. 



Kingsland, L. 

Kirkhill, L. 


Laird, L. 

Laming, L. 






Leitch, L. 


Lipsey, L. 

Listowel, E. 

Liverpool, E. 



Lucas, L. 

Luke, L. 

Lyell, L. 


McCluskey, L. 


McDonagh, B. 








McNally, L. 

Maddock, B. 


Mancroft, L. 

Mar, C. 



Marsh, L. 



Maxton, L. 



Methuen, L. 


Mitchell, L. 


Monson, L. 


Montrose, D. 

Morgan, L.


153 






Murphy, B. 


Naseby, L. 

Neuberger, B. 

Newby, L. 


Nickson, L. 

Noakes, B. 



Northesk, E. 

Northover, B. 





Onslow, E. 

Ouseley, L. 

Owen, L. 

Oxburgh, L. 

Palmer, L. 



Patten, L. 

Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 







Prosser, B. 

Puttnam, L. 

Quinton, L. 

Quirk, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 

Richard, L. 

Rix, L. 





Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 








Sandwich, E. 

Sawyer, L. 




Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 



Sheldon, L. 



Simon, V. 


Skidelsky, L. 







Stern, B. 

Stewartby, L. 

Steyn, L. 




Swinfen, L. 


Taverne, L. 


Tebbit, L. 


Thatcher, B. 




Thornton, B. 

Tombs, L. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 


Vinson, L. 


Wakeham, L. 




Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 




Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 











1. Regina v. Hayter (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—It was 

moved by the Lord Bingham of Cornhill, That the 14th 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, Criminal Division of 16th April 2003 be aYrmed, and the 

appeal dismissed; and that the certified questions be answered in the aYrmative. [2005] 

UKHL 6


2005 

2. Moy v. Pettman Smith (a firm) (Original Respondents and Cross-appellants) and another (Original 

Appellant and Cross-respondent)—It was moved by the Lord Hope of Craighead on behalf 

of the Lord Nicholls of Birkenhead, That the 15th Report from the Appellate Committee be 

agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed 

and the cross-appeal dismissed; that the Order of the Court of Appeal of 25th March 2003 be 

set aside and the Order of His Honour Judge Geddes in the High Court of Justice, Queen’s 

Bench Division of 11th July 2001 restored; and that the respondents do pay to the appellants 

their costs in the Court of Appeal and in this House, the amount of such last-mentioned costs 

to be certified by the Clerk of the Parliaments if not agreed between the parties. [2005] 

UKHL 7 

3. Hilton (Appellant) v. Barker Booth and Eastwood (a firm) (Respondents)—It was moved by the 

Lord HoVmann, That the 16th 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 

22nd May 2002 and the Order of His Honour Judge Maddocks in the High Court of 28th 

September 2001 be set aside; that the case be remitted back to the High Court for an 

assessment of damages in accordance with the opinions expressed in this House; that the 

respondents do pay to the appellant his costs in this House and below, the amount of such 

costs in this House to be certified by the Clerk of the Parliaments if not agreed between the 

parties; and that the costs of the assessment of damages in the High Court be left to the 

discretion of the judge. [2005] UKHL 8 



4. House of Lords Journals—The 236th volume of the Journals (Session 2002-03), with an index, was 

laid on the Table by the Clerk of the Parliaments. 

Papers 



1. European Union—Prospects for the EU in 2005: Government Proposals; (6450) 

2. Legal Services—Court Boards Guidance. (6461) 



1. Draft Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2005, 

laid under the Special Immigration Appeals Commission Act 1997, together with an 


2. Draft Northern Ireland Act 2000 (Modification) Order 2005, laid under the Northern 

Ireland Act 2000, together with an Explanatory Memorandum. 


the Table: 

Transfrontier Shipment of Waste (Amendment) Regulations 2005, laid under the European 

Communities Act 1972. (187) 



1. Report and Accounts for 2003–04 of the Council for Catholic Maintained Schools, laid 

under the Northern Ireland Act 2000; 

2. Report on Tax Credits by the Inland Revenue Commissioners, laid under the Tax Credits 

Act 2002. 


9. Human Rights—The 6th Report of the Joint Committee, Scrutiny: Second Progress Report, 

together with appendices, was made and ordered to be printed. (HL Paper 41) 

10. Economic AVairs Committee—The First Report from the Select Committee, on the Government 

response to Monetary and Fiscal Policy: Present Successes and Future Problems, was made 

and ordered to be printed. (HL Paper 43) 


11. Business of the House—It was moved by the Baroness Symons of Vernham Dean, on behalf of the 

Lord President (Baroness Amos), that the debate on the motion in the name of the Lord 

Mitchell set down for today shall be limited to 2 hours; the motion was agreed to.


155 

12. Business of the House—It was moved by the Baroness Symons of Vernham Dean, on behalf of the 

Lord President (Baroness Amos), that leave be given to advance the Second Reading of the 

Commissioners for Revenue and Customs Bill from Tuesday 8th February to Monday 7th 

February; the motion was agreed to. 

13. Disability Discrimination Bill [hl]—The report was received; amendments were moved and (by 

leave of the House) withdrawn; an amendment was disagreed to (see division list 1); 

amendments were agreed to; further consideration on report was adjourned. 



14. Disability Discrimination Bill [hl]—The bill was further considered on report; amendments were 

moved and (by leave of the House) withdrawn; an amendment was agreed to; an amendment 

was disagreed to (see division list 2); further consideration on report was adjourned after 

amendment 34. 

15. Science and Treaties (S&T Report) (2-hour debate)—It was moved by the Lord Mitchell that this 

House takes note of the Report of the Science and Technology Committee on Science and 

Treaties (3rd Report, Session 2003-04); after debate, the motion was agreed to. 

The House was adjourned at twenty minutes before seven o’clock 


DIVISIONS 

DISABILITY DISCRIMINATION [HL] 


It was moved by the Baroness Masham of Ilton, in Clause 2, page 3, line 32, at end to insert: 

“( ) In the 1995 Act, after section 21(2) there is inserted 

“(2A) In determining their duty under subsection (2), NHS hospital trusts shall ensure 

that adequate equipment is available to enable disabled persons to be diagnosed and 

treated to the same standards as other persons. 

(2B) When assessing the reasonableness of providing equipment under subsection (2A), 

NHS hospital trusts must not refuse to provide equipment on the grounds of cost alone, 

unless those costs are grossly disproportionate.””; 


Contents … … … … … … 80 


Addington, L. 


Ampthill, L. 

Avebury, L. 


Bowness, L. 



Chester, Bp. 

Chorley, L. 

Colwyn, L. 



Dholakia, L. 

Dundee, E. 

Dykes, L. 


Ezra, L. 


Ferrers, E. 

Garden, L. 

Geddes, L. 


Goodhart, L. 

Greaves, L. 

CONTENTS 


Hooson, L. 



Hylton, L. 

Jopling, L. 

Kimball, L. 



Liverpool, E. 


Lyell, L. 


McNally, L. 

Maddock, B. 




Masham of Ilton, B. [Teller] 

Methuen, L. 

Neuberger, B. 

Newby, L. 




Peel, E. 

Redesdale, L. 

Renton, L. 



Roper, L. 




Sandwich, E. 


Selsdon, L. 





Taverne, L. 

Tebbit, L. 



TordoV, L. 


Ullswater, V. 


Wallace of Saltaire, L.


2005 

Walmsley, B. 

Walpole, L. 

Acton, L. 

Ahmed, L. 

Andrews, B. 


Bach, L. 



Blood, B. 

Boothroyd, B. 

Borrie, L. 

Brookman, L. 

Burlison, L. 

Carter, L. 




Condon, L. 


Craigavon, V. 

Crawley, B. 

David, B. 



Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 





Filkin, L. 

Gale, B. 



NOT-CONTENTS 

Gavron, L. 


Goldsmith, L. 




Harrison, L. 


Haworth, L. 

Henig, B. 






Hoyle, L. 




Kirkhill, L. 


Lipsey, L. 






Maxton, L. 


Mitchell, L. 



Ouseley, L. 


Pendry, L. 



Puttnam, L. 




Richard, L. 

Rooker, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 


Sewel, L. 

Sheldon, L. 

Simon, V. 



Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 




Warnock, B. 



Whitaker, B. 

Whitty, L. 

Wilkins, B. 




It was moved by the Lord Oakeshott of Seagrove Bay, after Clause 8, to insert the new Clause (Bus 

accessibility regulations); which being objected to, the question was put thereupon, and the House 

divided: 

Contents … … … … … … 36 


Addington, L. 


Barker, B. 



Craigavon, V. 

Dholakia, L. 

Dykes, L. 


Garden, L. 

Goodhart, L. 

Greaves, L. 

Acton, L. 

Andrews, B. 



Bach, L. 

CONTENTS 

Hamwee, B. 



Maddock, B. 



Naseby, L. 

Neuberger, B. 

Northover, B. 


[Teller] 


Redesdale, L. 

NOT-CONTENTS 



Blood, B. 

Borrie, L. 

Brennan, L. 


Roper, L. 










Walmsley, B. 


Brookman, L. 

Burlison, L. 

Carter, L. 

Carter of Coles, L.

2005 3rd-4th February 

157 

Chandos, V. 

Chorley, L. 





Crawley, B. 

David, B. 



Donoughue, L. 

Drayson, L. 

Dubs, L. 





Filkin, L. 

Gale, B. 

Gavron, L. 


Giddens, L. 

Gilbert, L. 

Goldsmith, L. 



Harrison, L. 


Haworth, L. 

Henig, B. 




Hoyle, L. 



Hylton, L. 

Kirkhill, L. 



Leitch, L. 

Lipsey, L. 





Marsh, L. 

Maxton, L. 


Mitchell, L. 




Murphy, B. 

Pendry, L. 


Prosser, B. 

Puttnam, L. 


Rea, L. 


Rooker, L. 

Rowlands, L. 



Sewel, L. 

Sheldon, L. 

Simon, V. 




Tomlinson, L. 

Triesman, L. 

Truscott, L. 



Vinson, L. 

Warner, L. 



Whitaker, B. 

Whitty, L. 




APPENDIX 



Charities Bill [hl]—The bill was considered in the Grand Committee; amendments were moved 

and (by leave of the Committee) withdrawn; the Committee was adjourned after 

amendment 8. 

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

Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 


Ampthill, L. 


Avebury, L. 




Bhatia, L. 

BiVen, L. 


Birt, L. 

Blatch, B. 

Bledisloe, V. 

Boothroyd, B. 

Borrie, L. 



Brennan, L. 

Brett, L. 

Friday 4th February 2005 



Bridgeman, V. 


Brookman, L. 


Burlison, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 



Chorley, L. 



Condon, L. 





Desai, L. 

Dholakia, L. 

Donoughue, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 



Elton, L. 

Erroll, E. 


Falkland, V. 


Feldman, L. 

Fitt, L. 

Flather, B. 

Freeman, L. 

Gale, B. 

Garden, L. 


Geddes, L. 

Giddens, L. 

Goodhart, L. 

Greaves, L. 


Greenway, L. 

Grocott, L.

158 4th February 

2005 



Harrison, L. 

Haworth, L. 



Hooper, B. 

Hooson, L. 


Hoyle, L. 







Judd, L. 



Kingsland, L. 

Kirkhill, L. 

Laird, L. 




Levy, L. 

Lipsey, L. 

Luke, L. 

Lyell, L. 









McNally, L. 



Marsh, L. 


Maxton, L. 








Moser, L. 



Naseby, L. 

Neuberger, B. 


Noakes, B. 



Northesk, E. 

Northover, B. 


Patten, L. 

Paul, L. 



Peston, L. 




Quirk, L. 


Rawlings, B. 

Rea, L. 

Redesdale, L. 

Renton, L. 

Richard, L. 

Rix, L. 


Rogan, L. 

Rosser, L. 

Rosslyn, E. 





Sawyer, L. 


Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 


Simon, V. 


Skidelsky, L. 







Stern, B. 


Swinfen, L. 




Thornton, B. 

Tomlinson, L. 

Tope, L. 

Trenchard, V. 

Triesman, L. 

Truscott, L. 

Tugendhat, L. 


Uddin, B. 

Wakeham, L. 



Walmsley, B. 



Whitaker, B. 

Wilkins, B. 






1. R v. Coutts (Petitioner)—The petition of Graham James Coutts praying for leave to appeal in 


Committee (lodged 3rd February). 

Papers 



Draft Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005, 

laid under the Public Audit (Wales) Act 2004, together with an Explanatory Memorandum. 


on the Table: 

1. Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005, 

laid under the Local Government Finance Act 1992; (190) 

2. Child Trust Funds (Non-tax Appeals) Regulations 2005, laid under the Child Trust 

Funds Act 2004; (191) 

3. Social Security and Child Support Commissioners (Procedure) (Amendment) 

Regulations 2005, laid under the Social Security Act 1998; (207) 

4. (i) Food (Pistachios from Iran) (Emergency Control) (England) (Amendment) 

Regulations 2005— (208)

2005 4th-7th February 

159 

(ii) Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) 

(Amendment) (England) Regulations 2005— (209) 




Amendment List 11 to the Fifth Edition of the Queen’s Regulations for the Royal Air Force, 



5. Renewable Energy Bill [hl]—The bill was read a third time and passed and sent to the Commons. 

6. Parliamentary Commissioner (Amendment) Bill [hl]—It was moved by the Lord Lester of Herne 

Hill that the bill be now read a second time; after debate, the motion was agreed to and the 

bill was committed to a Committee of the Whole House. 

7. Child Benefit Bill—A bill to make provision for and in connection with altering the descriptions 

of persons in respect of whom a person may be entitled to child benefit was brought from the 


8. Child Benefit Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL 

Bill 23-EN) 

9. Extradition Act 2003 (Amendment to Designations) Order 2005—It was moved by the Lord 

Bassam of Brighton that the draft Order laid before the House on 13th January be approved; 


10. Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005—It was moved by the 

Lord Bassam of Brighton that the draft Order laid before the House on 17th January be 

approved; the motion was agreed to. 

11. Asylum (Designated States) Order 2005—It was moved by the Lord Bassam of Brighton that the 

draft Order laid before the House on 18th January be approved; after debate, the motion was 

agreed to. 

12. Regulation of Investigatory Powers (Communications Data) (Amendment) Order 2005—It was 

moved by the Lord Bassam of Brighton that the draft Order laid before the House on 16th 

December 2004 be approved; after debate, the motion was agreed to. 

13. Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence 

Sources) (Amendment) Order 2005—It was moved by the Lord Bassam of Brighton that the 

draft Order laid before the House on 16th December 2004 be approved; the motion was 

agreed to. 

14. HIV/AIDS—The Baroness Northover asked Her Majesty’s Government what further plans they 

have to help tackle the AIDS epidemic and support the increasing number of HIV/AIDS 

orphans in Africa and elsewhere; after debate, the question was answered by the Lord 

Triesman. 

The House was adjourned at twenty-five minutes before three o’clock 


Monday 7th February 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 


Alli, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 





Arran, E. 

Ashcroft, L. 



Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Bhatia, L. 


BiVen, L. 


Birt, L. 

Blackstone, B.


2005 

Blatch, B. 

Bledisloe, V. 

Blood, B. 

Boothroyd, B. 

Borrie, L. 


Bowness, L. 

Boyce, L. 


Bragg, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 




Brookman, L. 



Burlison, L. 

Buscombe, B. 


Byford, B. 

Caithness, E. 




Carter, L. 



Chan, L. 

Chapman, B. 

Chester, Bp. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 


Colwyn, L. 

Condon, L. 



Courtown, E. 

Cox, B. 


Craigavon, V. 

Crawley, B. 

Cuckney, L. 

Cullen of Whitekirk, L. 



David, B. 




Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eames, L. 

Eatwell, L. 


Elder, L. 



Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Feldman, L. 

Ferrers, E. 

Filkin, L. 


Fitt, L. 

Flowers, L. 

Fookes, B. 

Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 


Geddes, L. 


Giddens, L. 


Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 




Greenway, L. 

Gregson, L. 

GriYths, L. 



Grocott, L. 

Hamwee, B. 

Hanham, B. 




Harrison, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 






Hooper, B. 

Hooson, L. 




Howe, E. 









Hutton, L. 

Hylton, L. 




Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 

Kalms, L. 



Kimball, L. 

Kingsland, L. 

Kirkhill, L. 

Laidlaw, L. 

Laird, L. 

Laming, L. 



Leitch, L. 


Lipsey, L. 

Liverpool, E. 




Lucas, L. 

Luke, L. 

Lyell, L. 


McDonagh, B. 












McNally, L. 

Mancroft, L. 

Mar, C. 


Marsh, L. 




Maxton, L. 


Michie of Gallanach, B.


161 

Mitchell, L. 


Monson, L. 

Montrose, D. 





Moser, L. 


Moynihan, L. 

Murphy, B. 


Naseby, L. 


Neuberger, B. 

Newby, L. 


Noakes, B. 



Northesk, E. 

Northover, B. 


Onslow, E. 

Ouseley, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 




Pendry, L. 


Peston, L. 





Plumb, L. 


Prosser, B. 


Puttnam, L. 

Quinton, L. 

Quirk, L. 

Radice, L. 


Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees-Mogg, L. 


Rennard, L. 

Renwick of Clifton, L. 

Richard, L. 




Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 








Sandberg, L. 

Sawyer, L. 



Seccombe, B. 

Selsdon, L. 

Sewel, L. 


Sheldon, L. 



Simon, V. 


Skidelsky, L. 








Stern, B. 


Stewartby, L. 




Swinfen, L. 



Tebbit, L. 


Tenby, V. 





Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 


Wakeham, L. 



Walmsley, B. 

Warner, L. 

Warnock, B. 




Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 




Woolf, L. 







1. London Diocesan Fund and others and others (Respondents) v. Avonridge Property Company 

Limited (Appellants) (England)— The appeal of Avonridge Property Company was presented 

and it was ordered that in accordance with Standing Order VI the statement and appendix 

thereto be lodged on or before 21st March. 

2. Sutradhar (Appellant) v. Natural Environment Research Council (Respondents) (England)— The 

appeal of Binod Sutradhar was presented and it was ordered that in accordance with Standing 

Order VI the statement and appendix thereto be lodged on or before 21st March. 

3. Agassi (Respondent) v. Robinson (Her Majesty’s Inspector of Taxes) (Petitioner)— The petition 

of Steven Robinson praying for leave to appeal was presented and referred to an Appeal 



Northern Ireland) (Northern Ireland)— The petition of the Northern Ireland Human Rights 

Commission praying for leave to intervene in the said appeal by way of written submissions 

only was presented and referred to an Appeal Committee.


2005 







7. Appeal Committee—The 21st Report from the Appeal Committee was agreed to and the following 


R v. Ahmed and another (Petitioners)— That leave to appeal be refused. 

Her Majesty’s Attorney General (Respondent) v. Bhamjee (Petitioner)— That leave to appeal 

be refused; that the respondent be at liberty to apply for his 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. 

R v. Longworth (Petitioner)— That leave to appeal be given; and that the petition of appeal 

be lodged by 21st February. 

Papers 

8. Instrument withdrawn—The following instrument, laid before the House on 2nd February, was 

withdrawn: 

Occupational Pensions Schemes (Levies) Regulations 2005. 



1. European Union—Commentary on the Treaty Establishing a Constitution for Europe; 

(6459) 

2. Immigration—Controlling our Borders—Making migration work for Britain: 

Government Proposals. (6472) 



1. Draft Immigration and Asylum (Provision of Accommodation to Failed Asylum- 

Seekers) Regulations 2005, laid under the Immigration and Asylum Act 1999, together 

with an Explanatory Memorandum; 

2. Draft Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005, laid under 

the Northern Ireland Act 2000, together with an Explanatory Memorandum. 


on the Table: 

1. Leasehold Houses (Notice of Insurance Cover) (England) (Amendment) Regulations 

2005, laid under the Commonhold and Leasehold Reform Act 2002; (177) 

2. Police (Promotion) (Amendment) Regulations 2005, laid under the Police Act 1996; 

(178) 

3. Road TraYc (Permitted Parking Area and Special Parking Area) (City of SheYeld) Order 

2005, laid under the Road TraYc Act 1991; (194) 

4. Sexual OVences Act 2003 (Prescribed Police Stations) Regulations 2005, laid under the 

Sexual OVences Act 2003; (210) 

5. (i) Common Agricultural Policy Single Payment and Support Schemes (Integrated 

Administration and Control System) Regulations 2005— (218) 

(ii) Common Agricultural Policy Single Payment and Support Schemes Regulations 

2005— (219) 


6. Foreign Satellite Service Proscription Order 2005, laid under the Broadcasting Act 1990; 

(220) 

7. Rates (Regional Rates) Order (Northern Ireland) 2005, laid under the Northern Ireland 

Act 2000; (—) 




Accounts for 2003–04 of the Northern Ireland National Insurance Fund, laid under the Social 

Security Administration (Northern Ireland) Act 1992, together with the Report of the 

Comptroller and Auditor General.


163 


13. European Union—The 2nd Report from the Select Committee, Current Developments in 

European Foreign Policy, was made and ordered to be printed, together with the Minutes of 

Evidence. (HL Paper 44) 


14. Liverpool City Council (Prohibition of Smoking in Places of Work) Bill [hl]— The following 

petitions praying to be heard against the bill were deposited on or before 7th February 2005: 

Petition 

no. 

Petitioner Agent Deposited 

1. The Air Cleaner Manufacturers Rees & Freres 1st February 2005 

Association 

2. Irish American Leisure Limited Rees & Freres 3rd February 2005 

3. Hunters & Frankau Limited Rees & Freres 3rd February 2005 

4. The National Association of Cigarette Rees & Freres 3rd February 2005 

Machine Operators 

5. Pyramid Pub Management Company Graeme Percy 4th February 2005 

Limited 

6. The Association of Independent Rees & Freres 4th February 2005 

Tobacco Specialists 

7. Network Rail Infrastructure Limited Rees & Freres 4th February 2005 

8. The Association of Licensed Multiple Bircham Dyson Bell 7th February 2005 

Retailers, the British Beer and Pub 

Association and the British Hospitality 

Association 

9. Theatrical Management Association Bircham Dyson Bell 7th February 2005 

10. Tony Brookes, Roger Parker and Ms L Daniel Pearce 7th February 2005 

Trail 

11. Anna Slater, Sylvia Burgess, Yvonne Rees & Freres 7th February 2005 

Hughes, James Grugel, Marion 

Doctor, Lynette McGowan and 

George Lawson 

12. 3345 Limited Rees & Freres 7th February 2005 

13. Baa Bar Limited Rees & Freres 7th February 2005 

14. C. Gars Limited Rees & Freres 7th February 2005 

15. The Exchange Bar Rees & Freres 7th February 2005 

16. The Flanagan Group Rees & Freres 7th February 2005 

17. Imperial Tobacco Limited Rees & Freres 7th February 2005 

18. Keith David Haggis Rees & Freres 7th February 2005 

19. Lyceum Group Rees & Freres 7th February 2005 

15. London Local Authorities Bill [hl]— The following petitions praying to be heard against the 

bill were deposited on or before 7th February 2005: 

Petition 

no. 


1. The British Art Market Federation Anthony Browne 1st February 2005 

2. The National Federation of Retail Catherine Tong 4th February 2005 

Newsagents 

3. The Wrigley Company Limited Rees & Freres 4th February 2005 

4. The Outdoor Advertising Association Gavin Devine 4th February 2005 

5. The Commonwealth War Graves Rees & Freres 4th February 2005 

Commission 


7. Orange Personal Communications Rees & Freres 4th February 2005 

Services Limited 

8. Vodafone Limited Rees & Freres 4th February 2005 

9. The Covent Garden Community Amanda Rigby 7th February 2005 

Association 

10. British Telecommunications PLC Stephen Prior 7th February 2005


2005 

Petition 

no. 


11. Open Spaces Society and Camden Bernard Selwyn 7th February 2005 

Civic Society 

12. Association of Convenience Stores David Rae 7th February 2005 

13. Two Garden Court Chambers Marc Willers 7th February 2005 

14. Royal Mail Group PLC Winckworth 7th February 2005 

Sherwood 

15. Maples Teesdale Winckworth 7th February 2005 

Sherwood 

16. The Sir John Soane’s Museum Winckworth 7th February 2005 

Sherwood 

17. The Honourable Society of Lincoln’s Winckworth 7th February 2005 

Inn 

Sherwood 

18. The Royal College of Surgeons of Winckworth 7th February 2005 

England 

Sherwood 

19. Cable and Wireless UK Bircham Dyson Bell 7th February 2005 

20. National Grid Transco Plc Bircham Dyson Bell 7th February 2005 

21. National Joint Utilities Group Bircham Dyson Bell 7th February 2005 

22. NTL Group Limited Bircham Dyson Bell 7th February 2005 

23. The Society of London Theatre and Bircham Dyson Bell 7th February 2005 

the Theatrical Management 

Association 

24. Thames Water Utilities Limited Bircham Dyson Bell 7th February 2005 

25. Three Valleys Water PLC Bircham Dyson Bell 7th February 2005 

26. Biscuit Cake Chocolate and Rees & Freres 7th February 2005 

Confectionery Association (BCCCA) 

16. London Local Authorities (Prohibition of Smoking in Places of Work) Bill [hl]— The following 

petitions praying to be heard against the bill were deposited on or before 7th February 

2005: 

Petition 

no. 


1. Crane’s (Walthamstow) Limited Rees & Freres 1st February 2005 

2. The Air Cleaner Manufacturers Rees & Freres 1st February 2005 

Association 

3. Hunters & Frankau Limited Rees & Freres 3rd February 2005 

4. The National Association of Cigarette Rees & Freres 3rd February 2005 

Machine Operators 

5. The Westminster Licensees Association Rees & Freres 3rd February 2005 

6. The Association of Independent Rees & Freres 4th February 2005 

Tobacco Specialists 


8. Gary Mallen Rees & Freres 4th February 2005 

9. Stephen Forster Thompson, Joseph Stephen Forster 7th February 2005 

Nicholas Thompson, Sharon Murphy, Thompson 

Andy Raper, Graham Healy, Terry 

Young, Gomer Roberts, Adele 

McKenna, Annabelle Davies, Adrian 

Straatman, Laura Bethel, Tim 

Pinkstone, Margaret Doherty, Anne 

Young, Paul McGurn, Alan Jordan, 

Terry Freak and Barbara McCann 

10. Gunnersbury Ltd trading as Smoke Bernard Crouch 7th February 2005 

Free Systems UK Ltd 

11. The Association of Licensed Multiple Bircham Dyson Bell 7th February 2005 

Retailers, The British Beer and Pub 

Association and The British 

Hospitality Association 

12. The Society of London Theatre and Bircham Dyson Bell 7th February 2005 

the Theatrical Management 

Association


165 

Petition 

no. 


13. Kristin Foord, Brian Hebblethwaite, Daniel Pearce 7th February 2005 

Robert McArthur, Noel Bernard 

McMahon, D.J. Scott and Ms S. Tully 

14. Martyn Edwards, Theresa Adams, Rees & Freres 7th February 2005 

Geraldine Musgreaves, Lesley 

Webster, Bruna Weeks, Clare Lloyd, 

Irene Luker, John Donaghue and Paul 

Newman 

15. Embassy London Limited Rees & Freres 7th February 2005 

16. Gruppo Limited Rees & Freres 7th February 2005 

17. Imperial Tobacco Limited Rees & Freres 7th February 2005 

18. Richard Shepherd, Antony Worrall Rees & Freres 7th February 2005 

Thompson, Christopher Bodker, Soren 

Jessen, Tom Conran and Ranald 

Macdonald 

19. Lynda Solomon, Derek and Martina Rees & Freres 7th February 2005 

O’Brian, John Waller, David Bates and 

Bill Sharp 

20. The West Middlesex Licensed Rees & Freres 7th February 2005 

Victuallers Association 


17. International Organisations Bill [hl]— The report was received; amendments were moved and (by 

leave of the House) withdrawn; an amendment was disagreed to (see division list). 

18. Commissioners for Revenue and Customs Bill—It was moved by the Lord Goldsmith that the bill 

be now read a second time; after debate, the motion was agreed to and the bill was committed 

to a Grand Committee. 

19. Inquiries Bill [hl]— The report was received; amendments were moved and (by leave of the House) 

withdrawn; amendments were agreed to; further consideration on report was adjourned after 

amendment 31. 

The House was adjourned at three minutes past ten o’clock 


DIVISION 

INTERNATIONAL ORGANISATIONS BILL [HL] 

It was moved by the Baroness Rawlings, in Clause 5, page 3, line 38, at end to insert: 

“( ) This section comes into force the day after Her Majesty’s Government have initiated a 

review within the Council of the European Union of the privileges and immunities which 

ought to be extended to the bodies and persons to which this section applies.”; 


Contents … … … … … … 103 





Attlee, E. 

Avebury, L. 


Barker, B. 


Blatch, B. 

Bledisloe, V. 

Bridgeman, V. 



CONTENTS 

Caithness, E. 




Chorley, L. 



Cuckney, L. 

Denham, L. 

Dholakia, L. 


Dykes, L. 


Ezra, L. 

Falkland, V. 


Garden, L. 


Geddes, L. 

Goodhart, L. 

Goschen, V. 


Hayhoe, L. 



Howell of Guildford, L.


2005 

Jopling, L. 

Kalms, L. 

Kimball, L. 

Kingsland, L. 

Laidlaw, L. 

Laird, L. 


Lucas, L. 

Luke, L. 

Lyell, L. 




McNally, L. 

Mar, C. 


Monson, L. 




Naseby, L. 

Neuberger, B. 

Acton, L. 

Ahmed, L. 

Alli, L. 



Ampthill, L. 

Andrews, B. 


Bach, L. 

Barnett, L. 


Berkeley, L. 


Blood, B. 

Borrie, L. 

Brett, L. 



Brookman, L. 

Burlison, L. 


Carter, L. 




Craigavon, V. 

Crawley, B. 

David, B. 



Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Eatwell, L. 




Falkender, B. 



Filkin, L. 


Gale, B. 


Noakes, B. 

Northesk, E. 


Onslow, E. 

Palmer, L. 






Plumb, L. 

Quinton, L. 

Rawlings, B. 

Redesdale, L. 

Rees-Mogg, L. 





Sandberg, L. 



NOT-CONTENTS 

Giddens, L. 

Golding, B. 

Goldsmith, L. 



Gregson, L. 




Harrison, L. 


Haworth, L. 

Hayman, B. 











Judd, L. 



Kirkhill, L. 

Laming, L. 


Lipsey, L. 


McDonagh, B. 






Marsh, L. 



Maxton, L. 


Mitchell, L. 



Selsdon, L. 





Stewartby, L. 


Swinfen, L. 



Tope, L. 

TordoV, L. 

Trenchard, V. 


Wakeham, L. 


Walmsley, B. 

Warnock, B. 

Wilcox, B. 



Moser, L. 

Murphy, B. 

Ouseley, L. 


Pendry, L. 


Puttnam, L. 



Richard, L. 


Rooker, L. 

Rosser, L. 




Sewel, L. 

Sheldon, L. 

Simon, V. 





Tenby, V. 

Thornton, B. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 



Warner, L. 



Whitaker, B. 

Whitty, L. 

Wilkins, B. 



Woolmer of Leeds, L.


167 

Tuesday 8th February 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Adebowale, L. 

Ahmed, L. 



Amos, B. 

Ampthill, L. 

Andrews, B. 




Arran, E. 




Attlee, E. 

Avebury, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Bhatia, L. 


BiVen, L. 


Birt, L. 


Blackwell, L. 

Blaker, L. 

Blatch, B. 

Bledisloe, V. 

Blood, B. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bragg, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 




Brookman, L. 



Burlison, L. 

Burns, L. 

Buscombe, B. 


Byford, B. 

Caithness, E. 






Carter, L. 



Chan, L. 

Chandos, V. 

Chapman, B. 

Chester, Bp. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 


Colwyn, L. 

Condon, L. 



Courtown, E. 


Craigavon, V. 

Crawley, B. 

Cuckney, L. 




David, B. 




Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 



Elder, L. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Feldman, L. 

Ferrers, E. 

Filkin, L. 


Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 



Geddes, L. 


Giddens, L. 

Gilbert, L. 


Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goudie, B. 



Greenway, L. 

Gregson, L. 

GriYths, L. 


Grocott, L. 

Hamwee, B. 





Harrison, L. 


Haskins, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Higgins, L. 






Hooper, B. 

Hooson, L. 

Howard of Rising, L.


2005 

Howe, E. 









Hylton, L. 

Inglewood, L. 





Jones, L. 

Jordan, L. 

Judd, L. 


Kimball, L. 



Kingsland, L. 

Kinnock, L. 

Kirkhill, L. 


Laird, L. 




Leitch, L. 


Lindsay, E. 


Lipsey, L. 

Liverpool, E. 




Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 


McDonagh, B. 











Maddock, B. 

Mallalieu, B. 

Mancroft, L. 

Mar, C. 



Marsh, L. 




Maxton, L. 




Methuen, L. 



Mitchell, L. 


Monson, L. 


Montrose, D. 


Morgan, L. 






Moynihan, L. 

Murphy, B. 


Naseby, L. 

Neuberger, B. 

Newby, L. 


Nickson, L. 

Nicol, B. 

Noakes, B. 



Northesk, E. 

Northover, B. 





Onslow, E. 

Ouseley, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 



Patten, L. 

Paul, L. 


Pendry, L. 


Peston, L. 






Plumb, L. 


Prashar, B. 

Prosser, B. 


Puttnam, L. 

Quinton, L. 

Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 



Rennard, L. 


Richard, L. 


Rix, L. 




Rogan, L. 


Roper, L. 

Rosser, L. 







Sandberg, L. 

Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 



Sheldon, L. 



Simon, V. 








Steinberg, L. 

Stern, B. 

Stewartby, L. 





Swinfen, L. 


Taverne, L. 


Tebbit, L. 





Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L.


169 


Uddin, B. 

Ullswater, V. 



Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 





Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 









1. R (on the application of Gillan (FC) and another (FC)) (Appellants) v. Commissioner of Police for 

the Metropolis and another (Respondents) (England)—The appeal of Kevin Gillan and 

Pennie Quinton was presented and it was ordered that in accordance with Standing Order VI 

the statement and appendix thereto be lodged on or before 22nd March. 


Saudi Arabia) (Respondents)—It was ordered that the appellant be allowed to prosecute the 

appeal without giving the usual security for costs as required by Standing Order. 

3. Appeal Committee—The 22nd Report from the Appeal Committee was agreed to and the 

following Order was made— 

In re McClean (Original Respondent and Cross-appellant) (On Appeal from the Court of 

Appeal Northern Ireland) (Northern Ireland)—That the petition of the Secretary of State for 

Northern Ireland that he might be heard or otherwise intervene in the said appeal be allowed. 

4. Appeal Committee—The 23rd Report from the Appeal Committee was agreed to and the 


In re McClean (Original Respondent and Cross-appellant) (On Appeal from the Court of 

Appeal Northern Ireland) (Northern Ireland)—That the petition of the Northern Ireland 

Human Rights Commission that they might intervene in the said appeal by way of written 

submissions only be allowed. 

Papers 



Contingent Liability—Departmental Minute from the Department of Health on Health Costs 

Associated with Staging the Olympic Games in London in 2012. (—) 



Draft Higher Education (Northern Ireland) Order 2005, laid under the Northern Ireland Act 

2000, together with an Explanatory Memorandum. 


on the Table: 

1. Greater London Authority (Allocation of Grants for Precept Calculations) Regulations 

2005, laid under the Greater London Authority Act 1999; (221) 

2. Copyright (Educational Establishments) Order 2005, laid under the Copyright, Designs 

and Patents Act 1988; (223) 

3. (i) Asylum and Immigration Tribunal (Judicial Titles) Order 2005— (227) 

(ii) Asylum and Immigration Tribunal (Procedure) Rules 2005— (230) 

laid under the Nationality, Immigration and Asylum Act 2002; 

4. Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2005, laid under the 

Magistrates’ Courts Act 1980. (229) 



Report and Accounts for 2003–04 of the Food Standards Agency, laid under the Food 

Standards Act 1999.


2005 

9. Special Procedure Order—The following special procedure order was laid before the House, 

together with the certificate of the Secretary of State for Transport, and ordered to lie on 

the Table: 

Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005. 




9th Report, on the following aYrmative instruments: 

Draft Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 

to 23) Order 2005; 

Draft Gangmasters (Licensing Authority) Regulations 2005. (HL Paper 45) 



Draft Adults with Incapacity (Scotland) Act 2000 (Consequential Modifications) 

(England, Wales and Northern Ireland) Order 2005; 

Draft Child Benefit and Guardian’s Allowance Up-rating (Northern Ireland) Order 2005; 

Draft Child Benefit and Guardian’s Allowance Up-rating Order 2005; 

Draft Child Support (Miscellaneous Amendments) Regulations 2005; 

Draft Data Protection (Subject Access Modification) (Social Work) (Amendment) 

Order 2005; 

Draft Education (Additional Support for Learning) (Scotland) Act 2004 (Consequential 

Modifications) Order 2005; 

Draft Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 

2005; 

Draft Guaranteed Minimum Pensions Increase Order 2005; 

Draft Pension Protection Fund (Pension Compensation Cap) Order 2005; 

Draft Pension Protection Fund (PPF Ombudsman) Order 2005; 

Draft Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005; 

Draft Social Security Benefits Up-rating Order 2005; 

Draft Social Security (Contributions) (Re-rating and National Insurance Funds 

Payments) Order 2005; 

Draft Social Security (Inherited SERPS) (Amendment) Regulations 2005; 

Draft Social Security (Intensive Activity Period 50 to 59 Pilot) Regulations 2005; 

Draft Social Security (Intensive Activity Period 50 to 59 Pilot) (No. 2) Regulations 2005; 

Draft Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2005; 

Draft Tax Credits Up-rating Regulations 2005; 



12. Serious Organised Crime and Police Bill—A bill to provide for the establishment and functions of 

the Serious Organised Crime Agency; to make provision about investigations, prosecutions, 

oVenders and witnesses in criminal proceedings and the protection of persons involved in 

investigations or proceedings; to provide for the implementation of certain international 

obligations relating to criminal matters; to amend the Proceeds of Crime Act 2002; to make 

further provision for combating crime and disorder, including new provision about powers of 

arrest and search warrants and about parental compensation orders; to make further 

provision about the police and policing and persons supporting the police; to make provision 

for protecting certain organisations from interference with their activities; to make provision 

about criminal records; to provide for the Private Security Industry Act 2001 to extend to 

Scotland; and for connected purposes was brought from the Commons, read a first time and 

ordered to be printed. (HL Bill 24) 

13. Serious Organised Crime and Police Bill—It was ordered that the Explanatory Notes relating to 

the bill be printed. (HL Bill 24-EN)


171 


that the amendments for the Report stage be marshalled and considered in the following 

order: 



Clauses 2 to 10 Schedule 5 


Clauses 11 to 27 Schedules 6 and 7 

Schedule 3 Clauses 39 to 45; 



15. Disability Discrimination Bill [hl]—The bill was further considered on report; an amendment was 

agreed to (see division list 1); amendments were moved and (by leave of the House) withdrawn; 

an amendment was agreed to; it was ordered that the bill be printed as amended. (HL Bill 25) 

16. Inquiries Bill [hl]—The bill was further considered on report; amendments were moved and (by 

leave of the House) withdrawn; amendments were agreed to; an amendment was disagreed to 

(see division list 2); it was ordered that the bill be printed as amended. (HL Bill 26) 


amendments were moved and (by leave of the Committee) withdrawn; the House was resumed 

and the bill was reported with amendments; it was ordered that the bill be printed as amended. 

(HL Bill 27) 

18. Children (Contact) and Adoption Bill, Draft—A message was brought from the Commons that 

they concur with the Lords that it is expedient that a Joint Committee of Lords and Commons 

be appointed to consider and report on any draft Children (Contact) and Adoption Bill 

presented to both Houses by a Minister of the Crown, and that the Committee should report 

on the draft Bill by 26th May 2005, and have ordered: 

That a Select Committee of six honourable Members be appointed to join with the Committee 

appointed by the Lords to consider the draft Children (Contact) and Adoption Bill; 

That the Committee shall have power— 

(i) to send for persons, papers and records; 

(ii) to sit notwithstanding any adjournment of the House; 

(iii) to report from time to time; 

(iv) to appoint specialist advisers; 

(v) to adjourn from place to place within the United Kingdom; and 

That the quorum of the Committee shall be two. 

The House was adjourned at sixteen minutes before eleven o’clock 


DIVISIONS 


DISABILITY DISCRIMINATION BILL [HL] 

It was moved by the Lord Skelmersdale in Clause 17, page 42, line 32, at end to insert: 

“( ) In paragraph 2, after sub-paragraph (2) there is inserted— 

“( ) Without prejudice to the operation of sub-paragraph (2), the mental impairment consisting of or 

resulting from depression that has ceased to have a substantial adverse eVect on a person’s ability to 

carry out normal day to day activities shall always be treated as if that eVect is likely to recur if the person 

has had within the last 5 years a previous episode of such impairment which had a substantial adverse 

eVect on the person’s ability to carry out normal day to day activities for a period of 6 months or 

more.””; 


Contents … … … … … … 138 


Addington, L. 


Ampthill, L. 

Avebury, L. 

CONTENTS 


BiVen, L. 

Blatch, B. 


Bridges, L. 



Buscombe, B.


2005 

Byford, B. 

Caithness, E. 





Colwyn, L. 


Courtown, E. 

Craigavon, V. 



Denham, L. 

Dholakia, L. 


Dundee, E. 

Dykes, L. 


Elton, L. 

Ezra, L. 



Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 

Freeman, L. 

Garden, L. 


Geddes, L. 

Goodhart, L. 




Hayhoe, L. 

Higgins, L. 



Hooper, B. 

Hooson, L. 


Howe, E. 

Acton, L. 

Ahmed, L. 



Barnett, L. 


Berkeley, L. 

Bhatia, L. 




Boothroyd, B. 

Borrie, L. 

Bragg, L. 

Brett, L. 


Brookman, L. 

Burlison, L. 


Chan, L. 

Chorley, L. 









Kimball, L. 

Kingsland, L. 






Liverpool, E. 


Luke, L. 

Lyell, L. 





Maddock, B. 

Mancroft, L. 





Methuen, L. 




Montrose, D. 



Moynihan, L. 

Murphy, B. 


Neuberger, B. 

Noakes, B. 

Northesk, E. 


Onslow, E. 



NOT-CONTENTS 

Condon, L. 

D’Souza, B. 

David, B. 



Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 







Filkin, L. 


Gale, B. 


Giddens, L. 

Gilbert, L. 

Golding, B. 


Goudie, B. 

Plumb, L. 

Redesdale, L. 





Roper, L. 




Sandberg, L. 

Sandwich, E. 



Selsdon, L. 








Steinberg, L. 



Swinfen, L. 

Taverne, L. 



TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Ullswater, V. 



Wakeham, L. 


Walmsley, B. 

Warnock, B. 


Wilcox, B. 



Gregson, L. 



Harrison, L. 


Haskins, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 









Jones, L. 

Jordan, L. 


Kinnock, L. 

Kirkhill, L. 


Leitch, L.


173 

Lipsey, L. 







Mallalieu, B. 

Marsh, L. 


Maxton, L. 


Mitchell, L. 


Nicol, B. 

Parekh, L. 


Pendry, L. 



Puttnam, L. 

Quirk, L. 

Radice, L. 




Richard, L. 




Sewel, L. 

Sheldon, L. 

Simon, V. 







Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Uddin, B. 


Warner, L. 



Whitaker, B. 

Whitty, L. 

Wilkins, B. 





INQUIRIES BILL [HL] 

It was moved by the Lord Kingsland, in Clause 17, page 7, line 27, to leave out “either or both of the 

following ways” and insert “the following way”; which being objected to, the question was put 

thereupon, and the House divided: 

Contents … … … … … … 61 




Attlee, E. 



Byford, B. 


Colwyn, L. 


Denham, L. 



Elton, L. 

Feldman, L. 

Ferrers, E. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freeman, L. 


Acton, L. 

Addington, L. 

Ahmed, L. 




Andrews, B. 



Avebury, L. 

Barnett, L. 



Berkeley, L. 

CONTENTS 

Geddes, L. 



Hayhoe, L. 

Henley, L. 

Higgins, L. 

Hooper, B. 

Howe, E. 




Inglewood, L. 

Kimball, L. 

Kingsland, L. 


Laird, L. 

Liverpool, E. 

Luke, L. 

Lyell, L. 

Mancroft, L. 


NOT-CONTENTS 



Bledisloe, V. 

Borrie, L. 

Bragg, L. 



Brookman, L. 

Burlison, L. 


Carter, L. 






Noakes, B. 

Northesk, E. 




Rees, L. 


Selborne, E. 


Stewartby, L. 


Swinfen, L. 

Tebbit, L. 


Ullswater, V. 


Wilcox, B. 





David, B. 


Desai, L. 

Dholakia, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Dykes, L. 

Elder, L. 

Evans of Parkside, L.


2005 




Filkin, L. 


Gale, B. 


Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goudie, B. 


Greenway, L. 





Harrison, L. 


Haskins, L. 

Haworth, L. 

Henig, B. 








Jones, L. 

Judd, L. 



Kirkhill, L. 


Leitch, L. 


Lipsey, L. 



Ludford, B. 

McDonagh, B. 







Maddock, B. 

Mallalieu, B. 




Maxton, L. 



Mitchell, L. 

Monson, L. 

Morgan, L. 



Northover, B. 



Palmer, L. 

Parekh, L. 


Pendry, L. 




Radice, L. 


Razzall, L. 



Richard, L. 



Rogan, L. 

Roper, L. 

Rosser, L. 




Sandberg, L. 

Sawyer, L. 


Sheldon, L. 


Simon, V. 


Stern, B. 







Tomlinson, L. 

TordoV, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Walmsley, B. 


Warner, L. 



Whitaker, B. 

Whitty, L. 

Wilkins, B. 





Wednesday 9th February 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 



Amos, B. 

Ampthill, L. 

Andrews, B. 




Arran, E. 


Astor, V. 


Attlee, E. 

Avebury, L. 



Barker, B. 

Barnett, L. 



Berkeley, L. 

Best, L. 

Bhatia, L. 


BiVen, L. 


Birt, L. 

Blackwell, L. 

Blaker, L. 

Blatch, B. 

Boothroyd, B. 

Borrie, L. 


Bowness, L. 

Boyce, L. 


Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 



Brookman, L. 



Burlison, L. 

Buscombe, B. 


Caithness, E. 


Campbell-Savours, L.


175 




Carter, L. 


Chan, L. 

Chandos, V. 

Chapman, B. 


Chorley, L. 





Cobbold, L. 

Cockfield, L. 


Colwyn, L. 



Courtown, E. 

Cox, B. 


Crawley, B. 




David, B. 





Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

D’Souza, B. 

Dubs, L. 

Dykes, L. 



Elder, L. 

Elles, B. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Feldman, L. 

Ferrers, E. 

Filkin, L. 


Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 



Gale, B. 

Garden, L. 


Geddes, L. 

George, L. 


Giddens, L. 

Gilbert, L. 

Glasgow, E. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goudie, B. 



Greenfield, B. 


Greenway, L. 

Gregson, L. 


Grocott, L. 

Habgood, L. 

Hamwee, B. 

Hanham, B. 




Harrison, L. 


Haworth, L. 

Hayhoe, L. 

Henig, B. 

Henley, L. 

Higgins, L. 





Hooper, B. 

Hooson, L. 


Howe, E. 









Hylton, L. 

Inglewood, L. 





JoVe, L. 

Jones, L. 

Jordan, L. 

Judd, L. 



Kimball, L. 


Kingsland, L. 

Kirkhill, L. 


Laidlaw, L. 

Laird, L. 






Lindsay, E. 


Lipsey, L. 

Listowel, E. 

Liverpool, E. 




Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 


McDonagh, B. 










McNally, L. 

Maddock, B. 


Mancroft, L. 

Mar, C. 


Marsh, L. 




Maxton, L. 




Mitchell, L. 


Monson, L. 


Montrose, D. 

Moran, L. 

Morgan, L. 






Moynihan, L. 

Murphy, B. 


Naseby, L. 

Neuberger, B. 

Newby, L. 


Nickson, L. 

Nicol, B. 

Noakes, B. 



Northesk, E. 

Northover, B.


2005 


Onslow, E. 

Oxburgh, L. 

Palmer, L. 

Parekh, L. 


Patel, L. 


Patten, L. 

Paul, L. 


Pendry, L. 

Peston, L. 





Prashar, B. 

Prosser, B. 


Puttnam, L. 

Quinton, L. 

Quirk, L. 

Radice, L. 


Rana, L. 


Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 

Rennard, L. 


Richard, L. 





Rogan, L. 


Roper, L. 

Rosser, L. 

Rosslyn, E. 







Sandberg, L. 

Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 



Sheldon, L. 



Simon, V. 


Skidelsky, L. 








Steinberg, L. 

Stewartby, L. 




Swinfen, L. 

Taverne, L. 




Tenby, V. 




Thornton, B. 

Tombs, L. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 


Vinson, L. 


Wakeham, L. 




Walmsley, B. 

Walpole, L. 


Warnock, B. 





Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 









1. Barony of Vivian in the Peerage of the United Kingdom—The Lord Chancellor reported that 

Charles Crespigny Hussey Vivian had established his succession to the Barony of Vivian in 

the Peerage of the United Kingdom. The Clerk of the Parliaments was accordingly directed 

to enter the Lord Vivian on the register of hereditary peers maintained under Standing 

Order 10(5). 

2. Leave of Absence—Leave of absence was granted to the Lord Chancellor for Wednesday 23rd 

February. 


3. Powerhouse Retail Limited and others (Respondents) v. Burroughs and others (Appellants) 

(England)—The appeal of V M Burroughs, K A Bartlett, D Carey and A Sheen was presented 

and it was ordered that in accordance with Standing Order VI the statement and appendix 

thereto be lodged on or before 23rd March. 


(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 16th March (the 

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


177 



A and others (Petitioners) v. Secretary of State for the Home Department (Respondent) 

(2004)—That leave to appeal be given; and that the petition of appeal be lodged by 23rd 

February. 

A and others (Petitioners) (FC) and others v. Secretary of State for the Home Department 

(Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 

23rd February. 

Papers 

6. Instrument withdrawn—The following instrument, laid before the House on 4th February, was 

withdrawn: 

Draft Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005. 



1. Finance—Treasury Minutes on the Fifty-first and Fifty-second Reports from the 

Committee of Public Accounts; (6458) 

2. Defence—Amendment to the Agreement between the United Kingdom and the United 

States of America for Cooperation on the Uses of Atomic Energy for Mutual Defence 

Purposes. (6471) 



1. Draft Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 

2005, laid under the Public Audit (Wales) Act 2004, together with an Explanatory 

Memorandum; 

2. Draft Courts Act 2003 (Consequential Provisions) Order 2005, laid under the Courts Act 


3. Draft Social Security Commissioners (Procedure) (Child Trust Funds) Regulations 2005, 

laid under the Social Security Act 1998, together with an Explanatory Memorandum; 

4. Draft Town and Country Planning (Fees for Applications and Deemed Applications) 

(Amendment) (England) Regulations 2005, laid under the Town and Country Planning 


5. Draft Child Trust Funds (Appeals) (Northern Ireland) Regulations 2005, laid under the 

Social Security (Northern Ireland) Order 1998, together with an Explanatory 

Memorandum; 

6. Draft Child Trust Funds (Appeals) Regulations 2005, laid under the Social Security Act 


7. (i) Draft Occupational Pension Schemes (Modification of Pension Protection 

Provisions) Regulations 2005, together with an Explanatory Memorandum— 

(ii) Draft Occupational Pension Schemes (Levies) Regulations 2005, together with an 



8. (i) Draft Budget (Northern Ireland) Order 2005, together with an Explanatory 

Memorandum— 

(ii) Draft Special Educational Needs and Disability (Northern Ireland) Order 2005, 


laid under the Northern Ireland Act 2000; 

9. Draft New Opportunities Fund (Specification of Initiative) Order 2005, laid under the 

National Lottery Act etc. Act 1993; 

10. Draft Renewables Obligation Order 2005, laid under the Electricity Act 1989, together 

with an Explanatory Memorandum. 



Committee: 

Draft Regulatory Reform (National Health Service Charitable and Non-Charitable Trust 

Accounts and Audit) Order 2005, together with a statement by the Department of Health. 


on the Table: 

1. Export Control (Iraq and Ivory Coast) Order 2005, laid under the Export Control Act 

2002; 

2. (i) Private Security Industry Act 2001 (Designated Activities) Order 2005— (234)


2005 

(ii) Private Security Industry Act 2001 (Duration of Licence) Order 2005— (235) 

(iii) Private Security Industry (Licences) (Amendment) Regulations 2005— (237) 

(iv) Private Security Industry Act 2001 (Repeal and Revocation) Order 2005— (248) 

laid under the Private Security Industry Act 2001; 

3. (i) End-of-Life Vehicles (Producer Responsibility) Regulations 2005— (263) 

(ii) European Communities (Jurisdiction and Judgments in Matrimonial and Parental 

Responsibility Matters) Regulations 2005— (265) 


4. Family Proceedings (Amendment) Rules 2005, laid under the Matrimonial and Family 

Proceedings Act 1984. (264) 


11. Human Rights—The 7th Report of the Joint Committee, Scrutiny: Third Progress Report, 

together with appendices, was made and ordered to be printed. (HL Paper 47) 


12. Electoral Registration (Northern Ireland) Bill [hl]—A bill to make provision about the 

registration of electors in Northern Ireland in cases where required information is not 

provided was presented by the Baroness Farrington of Ribbleton on behalf of the Baroness 

Amos, read a first time and ordered to be printed. (HL Bill 28) 

13. Electoral Registration (Northern Ireland) Bill [hl]—It was ordered that the Explanatory Notes 


14. Children (Contact) and Adoption Bill, Draft—It was moved by the Chairman of Committees that 

the Commons message of yesterday be now considered, and that a Committee of six Lords be 

appointed to join with the Committee appointed by the Commons to consider and report on 

the draft Children (Contact) and Adoption Bill presented to both Houses on 2nd February 

2005 (Cm 6462); 


Committee: 

E. Dundee B. Howarth of Breckland 

B. Gould of Potternewton B. Massey of Darwen 

B. Hooper B. Nicholson of Winterbourne; 


Chairman; 





That the reports of the Committee from time to time shall be printed, notwithstanding any 

adjournment of the House; 

And that the Committee do report on the draft Bill by 26th May 2005; 



15. Parliament: public engagement (Balloted debate)—It was moved by the Lord Norton of Louth 

that there be laid before the House papers relating to the case for increasing public engagement 

with Parliament; after debate, the motion was (by leave of the House) withdrawn. 

16. Children in care (Balloted debate)—It was moved by the Earl of Listowel that there be laid before 

the House papers relating to the prospects of children cared for by local authorities; after 


17. Terrorism Act 2000 (Continuance of Part VII) Order 2005—It was moved by the Lord President 

(Baroness Amos) that the draft Order laid before the House on 20th January be approved; 


18. Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2005—It was moved 

by the Lord President (Baroness Amos) that the draft Order laid before the House on 26th 

January be approved; after debate, the motion was agreed to. 

19. Scotland Act 1998 (Modifications of Schedule 5) Order 2005—It was moved by the Lord Evans of 

Temple Guiting that the draft Order laid before the House on 9th December 2004 be 

approved; after debate, the motion was agreed to.


179 

20. Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005—It was moved by the Lord 

Evans of Temple Guiting that the draft Order laid before the House on 25th January be 


21. Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005—It was moved 

by the Lord Evans of Temple Guiting that the draft Order laid before the House on 18th 

January be approved; the motion was agreed to. 

The House was adjourned at thirteen minutes past nine o’clock 



APPENDIX 



Charities Bill [hl]—The bill was further considered in Grand Committee; amendments were moved 


stood part. 

The Committee was adjourned at half-past seven o’clock. 

Thursday 10th February 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 


Alliance, L. 


Ampthill, L. 

Andrews, B. 



Astor, V. 


Attlee, E. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Best, L. 

Bhatia, L. 


BiVen, L. 


Blaker, L. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 





Brookman, L. 



Burlison, L. 

Buscombe, B. 


Caithness, E. 




Carswell, L. 

Carter, L. 



Chan, L. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 

Colwyn, L. 

Condon, L. 


Cox, B. 


Craigavon, V. 

Crawley, B. 




David, B. 





Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 



Donoughue, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 


Elder, L. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Ferrers, E. 


Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freyberg, L. 


Gale, B. 

Garden, L. 


Geddes, L. 


Glasgow, E. 

Golding, B. 

Goldsmith, L.


2005 

Goodhart, L. 


Goudie, B. 



Greenway, L. 



Grocott, L. 

Hale of Richmond, B. 

Hamwee, B. 

Hanham, B. 




Harrison, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Higgins, L. 





Hooper, B. 

Hooson, L. 




Howe, E. 








Hylton, L. 

Inglewood, L. 




JoVe, L. 

Jones, L. 

Jordan, L. 

Judd, L. 



Kingsland, L. 

Laidlaw, L. 

Laird, L. 

Laming, L. 




Leitch, L. 


Lipsey, L. 

Liverpool, E. 



Lucas, L. 

Luke, L. 











McNally, L. 

Maddock, B. 


Mallalieu, B. 

Mancroft, L. 

Mar, C. 


Marsh, L. 








Monson, L. 

Montrose, D. 

Morgan, L. 





Moynihan, L. 

Murphy, B. 


Naseby, L. 

Neuberger, B. 

Newby, L. 


Nicol, B. 



Northesk, E. 

Northover, B. 



Onslow, E. 

Ouseley, L. 

Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 



Patten, L. 

Paul, L. 


Pendry, L. 


Peston, L. 









Prosser, B. 


Puttnam, L. 

Quirk, L. 


Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Richard, L. 

Rix, L. 




Rogan, L. 

Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 






Sandberg, L. 

Sandwich, E. 



Seccombe, B. 

Selborne, E. 

Sewel, L. 



Sheldon, L. 



Simon, V. 


Skidelsky, L. 






Stern, B. 

Stewartby, L. 

Steyn, L. 


Swinfen, L. 


Taverne, L. 




Tenby, V. 





Thornton, B. 

Tomlinson, L. 

Tope, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 


Wakeham, L.


181 




Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 





Whitaker, B. 

Whitty, L. 

Wilkins, B. 










1. Regina v. Wang (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The 17th 

Report from the Appellate Committee was made and ordered to be printed (HL Paper 42). It 

was moved by the Lord Bingham of Cornhill, That the Report be agreed to; the motion was 

agreed to. It was ordered and adjudged that the Order of the Court of Appeal Criminal 

Division of 10th December 2003 be set aside and the Appellant’s conviction at Chelmsford 

Crown Court on 4th October 2002 quashed; and that the certified question be answered by 

saying that there are no circumstances in which a judge is entitled to direct a jury to return a 

verdict of guilty. [2005] UKHL 9 

2. Polanski (Appellant) v. Conde Nast Publications Limited (Respondents)—It was moved by the 

Lord Hope of Craighead on behalf of the Lord Nicholls of Birkenhead, That the 18th 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 11th November 2003 be set aside and the 

Order of Mr Justice Eady in the High Court of Justice Queen’s Bench Division of 9th October 

2003 restored; and that the respondents do pay to the appellant his costs in the Court of 

Appeal and in this House, the amount of such last-mentioned costs to be certified by the Clerk 

of the Parliaments if not agreed between the parties. [2005] UKHL 10 


Revenue (Appellants)— 


Inland Revenue (Appellants)— 









The petition of the appellants praying that the appeals be conjoined; that they be allowed to 

lodge one statement, one case and one appendix in respect of the six appeals; and that the 

respondents have leave to lodge one case and be jointly represented (the agents for the 




Unilin Beheer BV (Respondents) v. Berry Floor NV and others (Petitioners)—That leave to 




Secretary of State for Trade and Industry (Respondent) v. Rutherford and another (FC) 

(Petitioners) and others—That leave to appeal be given; and that the petition of appeal be 

lodged by 24th February next. 

Blackburn Chemicals Limited (Petitioners) v. Bim Kemi AB (Respondents)—That leave to 




Mensah (Petitioner) v. Jones (Respondent)—That the petition be dismissed as inadmissible. 




2005 

Papers 



Draft Natural Environment and Rural Communities Bill. (6460) 



1. Draft Criminal Justice and Police Act 2001 (Amendment) Order 2005, laid under the 

Criminal Justice and Police Act 2001, together with an Explanatory Memorandum; 

2. Draft OVshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 

2005, laid under the Pollution Prevention and Control Act 1999, together with an 


3. (i) Draft Open-Ended Investment Companies (Amendment) Regulations 2005, together 


(ii) Draft Financial Services and Markets Act 2000 (Carrying on Regulated Activities by 

Way of Business) (Amendment) Order 2005, together with an Explanatory 

Memorandum— 



on the Table: 

1. Town and Country Planning (Timetable for Decisions) (England) Order 2005, laid under 

the Planning and Compulsory Purchase Act 2004; (205) 

2. Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005, laid 

under the Town and Country Planning Act 1990; (206) 

3. (i) Social Security Revaluation of Earnings Factors Order 2005— (216) 

(ii) Social Security Pensions (Low Earnings Threshold) Order 2005— (217) 


4. Road TraYc (Permitted Parking Area and Special Parking Area) (County of Hampshire) 

(Borough of Havant) Order 2005, laid under the Road TraYc Act 1991; (233) 

5. Ivory Coast (United Nations Sanctions) Order 2005, laid under the United Nations Act 

1946; (253) 

6. Non-Contentious Probate Fees (Indian Ocean Tsunami) Order 2005, laid under the 

Courts Act 2003; (266) 

7. Water and Sewerage Undertakers (Inset Appointments) Regulations 2005, laid under the 

Water Industry Act 1991; (268) 

8. Representation of the People (Variation of Limits of Candidates’ Election Expenses) 

Order 2005, laid under the Representation of the People Act 1983; 

9. (i) Financial Services and Markets Act 2000 (Financial Promotion and Promotion of 

Collective Investment Schemes) (Miscellaneous Amendments) Order 2005— (270) 

(ii) Financial Services and Markets Act 2000 (Disclosure of Information by Prescribed 

Persons) (Amendment) Order 2005— (272) 

(iii) Financial Services and Markets Act 2000 (Service of Notices) (Amendment) Order 

2005— (274) 




1. Fourth Report of the Independent Monitoring Commission for Northern Ireland, laid 

under the Northern Ireland (Monitoring Commission etc.) Act 2003; 

2. Ivory Coast (Restrictive Measures) (Overseas Territories) Order 2005, laid under the 

Saint Helena Act 1833. (242) 


14. Procedure of the House—The First Report from the Select Committee was made and ordered to 

be printed (see Appendix 2). (HL Paper 48) 


15. Companies Act 1985 (Operating and Financial Review and Directors’ Report etc.) Regulations 

2005—It was moved by the Lord Grocott, on behalf of the Lord President (Baroness Amos), 

that the draft Regulations be referred to a Grand Committee; the motion was agreed to.


183 

16. Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2005—It was 

moved by the Lord Grocott, on behalf of the Lord President (Baroness Amos), that the draft 

Order be referred to a Grand Committee; the motion was agreed to. 

17. Education Bill [hl]—It was moved by the Baroness Andrews, on behalf of the Lord Filkin, that 

the amendments for the Report stage be marshalled and considered in the following order: 




















Schedule 10 


18. Public Services Ombudsman (Wales) Bill [hl]—The report was received; amendments were moved 

and (by leave of the House) withdrawn; amendments were agreed to; an amendment was 

agreed to (see division list); it was ordered that the bill be printed as amended. (HL Bill 29) 

19. Railways Bill—It was moved by the Lord Davies of Oldham that the bill be now read a second 

time; after debate, the motion was agreed to and the bill was committed to a Grand 

Committee. 

The House was adjourned at five minutes past four o’clock 

to Monday 21st February next, half-past two o’clock, except for judicial business. 

DIVISION 

PUBLIC SERVICES OMBUDSMAN (WALES) BILL [HL] 

It was moved by the Lord Roberts of Conwy, after Clause 19, to insert the new Clause (Non-action 

following receipt of a report); which being objected to, the question was put thereupon, and the House 

divided: 

Contents … … … … … … 91 


Addington, L. 


Alliance, L. 

Ampthill, L. 

Astor, V. 

Attlee, E. 

Barker, B. 


BiVen, L. 

Blaker, L. 


Bridgeman, V. 








CONTENTS 

Dholakia, L. 


Dykes, L. 


Elton, L. 

Ferrers, E. 

Flather, B. 

Garden, L. 


Geddes, L. 

Glasgow, E. 

Goodhart, L. 

Hamwee, B. 

Hanham, B. 



Higgins, L. 


Hooper, B. 

Hooson, L. 


Howe, E. 

Kingsland, L. 

Laidlaw, L. 



Liverpool, E. 

Livsey of Talgarth, L. [Teller] 

Luke, L. 


McNally, L. 

Maddock, B. 






Montrose, D.


2005 



Neuberger, B. 


Northesk, E. 

Northover, B. 







Acton, L. 

Ahmed, L. 

Andrews, B. 


Berkeley, L. 


Boothroyd, B. 

Borrie, L. 

Brett, L. 


Brookman, L. 

Burlison, L. 


Carter, L. 




Condon, L. 

Craigavon, V. 

David, B. 



Desai, L. 

Donoughue, L. 

Dubs, L. 

Elder, L. 




Rogan, L. 

Roper, L. 



Sandberg, L. 


Seccombe, B. 

Selborne, E. 





NOT-CONTENTS 




Gale, B. 

Golding, B. 

Goldsmith, L. 





Haworth, L. 

Henig, B. 




Hylton, L. 


Jordan, L. 








Marsh, L. 





Taverne, L. 






Ullswater, V. 

Walmsley, B. 




Puttnam, L. 


Rees-Mogg, L. 


Richard, L. 

Rooker, L. 

Rosser, L. 



Simon, V. 




Tenby, V. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 



Uddin, B. 

Walpole, L. 

Warner, L. 


Whitaker, B. 

Wilkins, B. 



APPENDIX 1 


The Committee met at two o’clock. 

Charities Bill [hl]—The bill was further considered in the Grand Committee; amendments were 

moved and (by leave of the Committee) withdrawn; amendments were agreed to; the 

Committee was adjourned after amendment 64. 

The Committee was adjourned at twenty-nine minutes before six o’clock.


185 

APPENDIX 2


2005


187


2005


189


2005


191 



Heywood, L. 

Wednesday 16th February 2005 

The House met at a quarter past four o’clock. 


Carswell, L. 


Oxford, Bp. 



Steyn, L. 



1. J I MacWilliam Company Inc (Respondents) v. Mediterranean Shipping Company SA 

(Appellants)—It was moved by the Lord Bingham of Cornhill, That the 19th 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 24th January 2003 be aYrmed and the appeal 

dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not 

agreed between the parties. [2005] UKHL 11 


Division))— 

3. Regina v. Mercieca (Appellant) (On Appeal from the Court of Appeal (Criminal Division))— 



Orders of the Court of Appeal Criminal Division of 19th December 2003 be set aside and the 

convictions of the appellants in the Central Criminal Court of 30th May 2002 quashed; that 

both parts of the certified question be answered in the negative; and that the cases of both 

appellants be remitted to the Court of Appeal to determine whether to order a new trial. [2005] 

UKHL 12 

4. Regina v. Secretary of State for the Home Department (Respondent) ex parte Al-Hasan (FC) 

(Appellant)— 

5. Regina v. Secretary of State for the Home Department (Respondent) ex parte Carroll (FC) 



It was moved by the Lord Bingham of Cornhill, That the 21st Report from the Appellate 


Orders of the Court of Appeal of 19th July 2001 and also the Orders of Mr Justice Newman 

in the Administrative Court of the Queen’s Bench Division of 16th February 2001 be set aside; 

and that the findings of guilt recorded against both appellants in their respective prison records 

be quashed and deleted; that the Respondent do pay to the Appellants their costs here and 

below; and that the Appellants’ costs be taxed in accordance with the Access to Justice Act 

1999. [2005] UKHL 13 

6. Regina v. Secretary of State for the Home Department (Respondent) ex parte Greenfield (FC) 

(Appellant)—It was moved by the Lord Bingham of Cornhill, That the 22nd 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 19th July 2001 and also the Order of the Divisional 

Court of the Queen’s Bench Division of 22nd February 2001 be set aside; that there be no 

award of damages; and that it be declared “(1) that the Secretary of State for the Home 

Department acted unlawfully by failing to provide the appellant with a hearing before an 

independent tribunal, contrary to article 6(1) of the European Convention on Human Rights; 

and (2) that the Secretary of State for the Home Department acted unlawfully by refusing to 

allow the appellant to be legally represented, contrary to article 6(3) of the European 

Convention on Human Rights.” That the question of costs be adjourned in order that the 

parties may make written submissions within 14 days; and that the costs of the appellant in 

this House be taxed in accordance with the Access to Justice Act 1999. [2005] UKHL 14 

7. Szuluk (FC) (Petitioner) v. Governor of HMP Full Sutton and another (Respondents)—The 

petition of Edward Szuluk praying for leave to appeal was presented and referred to an Appeal 

Committee. The petitioner’s certificate of public funding was lodged. 

8. R (on the application of Nilsen) (FC) (Petitioner) v. Governor of HMP Full Sutton and another 

(Respondents)—The petition of Denis Andrew Nilsen praying for leave to appeal 


referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.

192 16th-21st February 

2005 

9. In re Hewitson (Petitioner) (application for a writ of Habeas Corpus)—The petition of James 

Hewitson praying for an extension of time within which the petition may be lodged and for 

leave to appeal in accordance with the Administration of Justice Act 1960, was presented and 


10. OYce of the King’s Prosecutor, Brussels (Respondents) v. Armas (Appellant) and others (Criminal 

Appeal from Her Majesty’s High Court of Justice)—The appeal was set down for hearing and 




hearing might be extended to 2nd March (the agents for the respondents consenting thereto) 


12. Powerhouse Retail Limited and others (Respondents) v. Burroughs and others (Appellants)—It 

was ordered that the appellants be allowed to prosecute the appeal without giving the usual 

security for costs as required by Standing Order. 

13. Sutradhar (FC) (Appellant) v. Natural Environment Research Council (Respondents)—The 

appellant’s certificate of public funding was lodged. 



Zafar (Petitioner) v. Director of Public Prosecutions (Respondent)—That leave to appeal be 

refused. 

London Borough of Waltham Forest (Respondents) v. Omilaju (Petitioner)—That leave to 




The House was adjourned at twenty-seven minutes before five o’clock 


Monday 21st February 2005 





Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 


Alliance, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 






Attlee, E. 

Avebury, L. 

Bach, L. 


Barnett, L. 



Bell, L. 

Berkeley, L. 



BiVen, L. 

Birt, L. 


Blaker, L. 

Blood, B. 

Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 



Brookman, L. 



Burlison, L. 

Burns, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 





Carter, L. 


Chan, L. 

Chandos, V. 

Chapman, B. 

Chorley, L. 





Cobbold, L. 

Cockfield, L. 


Colwyn, L. 



Courtown, E. 

Coventry, Bp. 

Cox, B. 


Craigavon, V. 

Crawley, B. 





David, B. 




Dearing, L. 

Denham, L.


193 

Desai, L. 

Dholakia, L. 

Dixon, L. 


Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 



Elder, L. 


Elles, B. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Feldman, L. 

Ferrers, E. 

Filkin, L. 

Fitt, L. 

Fookes, B. 

Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 



Gavron, L. 

Geddes, L. 


Giddens, L. 

Gilbert, L. 



Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goudie, B. 





Greaves, L. 


Greenway, L. 

Gregson, L. 

GriYths, L. 


Grocott, L. 


Hamwee, B. 

Hanham, B. 





Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Higgins, L. 




Home, E. 

Hooper, B. 

Hooson, L. 

Howe, E. 










James of Holland Park, B. 



Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 

Kalms, L. 


Kimball, L. 



Kingsland, L. 

Kirkhill, L. 

Laidlaw, L. 


Laming, L. 




Leitch, L. 


Lindsay, E. 


Lipsey, L. 

Listowel, E. 



London, Bp. 

Lucas, L. 

Luke, L. 

Lyell, L. 


McDonagh, B. 









McNally, L. 

Maddock, B. 


Mancroft, L. 


Marsh, L. 




Maxton, L. 





Mitchell, L. 


Monson, L. 

Montrose, D. 

Morgan, L. 





Moser, L. 


Moynihan, L. 

Murphy, B. 


Neuberger, B. 

Newby, L. 


Noakes, B. 


Northesk, E. 

Northover, B. 



Onslow, E. 

Ouseley, L. 

Oxburgh, L. 

Palmer, L. 

Parekh, L. 



Patten, L. 

Paul, L. 


Pendry, L. 


Peston, L. 








Prashar, B. 

Prosser, B. 


Quinton, L. 

Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Reay, L.


2005 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 

Richard, L. 





Roper, L. 

Rosser, L. 

Rosslyn, E. 

Rowlands, L. 






Sandberg, L. 

Sandwich, E. 

Sawyer, L. 



Seccombe, B. 


Selsdon, L. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 


Simon, V. 


Skidelsky, L. 

Slim, V. 




Snape, L. 


Steinberg, L. 

Stern, B. 


Stewartby, L. 





Swinfen, L. 


Taverne, L. 



Thatcher, B. 



Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 



Wakeham, L. 



Walmsley, B. 

Walpole, L. 

Warnock, B. 






Whitaker, B. 

Wilcox, B. 

Wilkins, B. 





Wolfson, L. 






PRAYERS were read by the Lord Bishop of London. 


1. R v. Longworth (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The 

appeal of Gary Dean Longworth was presented and ordered to be prosecuted subject to the 

procedures applicable thereto. 

2. Jones (trading as Shamrock Coaches) (Petitioner) v. Department of Transport Welsh TraYc Area 

(Respondents)—The petition of Alison Jones praying for leave to appeal was presented and 

referred to an Appeal Committee (lodged 18th February). 

3. Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Kehoe 

(FC) (Appellant)—The appeal was set down for hearing and referred to an Appellate 

Committee. 

4. Watkins (Respondent) v. Home OYce (Appellants) and others—The petition of the appellants 


hearing might be extended to 4th April (the agents for the respondent consenting thereto) was 




R (on the application of Hammond) (Respondent) v. Secretary of State for the Home 

Department (Petitioner)—That leave to appeal be given; and that the petition of appeal be 

lodged by 7th March. 

MH (by her litigation friend, OYcial Solicitor) (Respondent) v. Secretary of State for the 

Department of Health (Petitioner) and others—That leave to appeal be given; and that the 

petition of appeal be lodged by 7th March. 

Secretary of State for Work and Pensions (Petitioner) v. M (Respondent)—That leave to 

appeal be given; and that the petition of appeal be lodged by 7th March.


195 

Papers 

6. Paper withdrawn—The following paper, presented to the House on 20th January, was 

withdrawn: 

Defence—Departmental Minute from the Ministry of Defence, concerning the gifting of Non- 

Lethal Military Equipment to Nepal. 

7. Command Paper—The following paper, having been presented to the House by command of Her 

Majesty on 14th February, was ordered to lie on the Table: 

Constitutional AVairs—Government Response to the House of Commons Constitutional 

AVairs Select Committee Report on the Implementation of the Freedom of Information Act 

2000. (Cm 6470) 

8. Statutory Instruments (Standing Order 71)—The following instruments, having been laid before 

the House on the dates shown, were ordered to lie on the Table: 

S.I. No. 

Title, etc. 2005 



Disqualification from Working with Children (Scotland) Order 2005, 267 11th February 

laid under the Criminal Justice and Court Services Act 2000; 

Misuse of Drugs (Amendment) Regulations 2005, laid under the 271 11th February 

Misuse of Drugs Act 1971; 

Potatoes Originating in the Netherlands (Revocation) (England) 278 11th February 

Regulations 2005, laid under the European Communities Act 

1972; 

Dutch Potatoes (Notification) (England) Order 2005, laid under the 279 11th February 

Plant Health Act 1967; 

Gas Act 1986 (Exemption) (No. 2) Order 2005, laid under the Gas 280 11th February 

Act 1986; 

Electromagnetic Compatibility Regulations 2005, laid under the 281 11th February 

European Communities Act 1972; 

Anthrax Prevention Order 1971 etc. (Revocation) Regulations 2005, 228 14th February 

laid under the Health and Safety at Work etc. Act 1974; 

Rent OYcers (Housing Benefit Functions) (Local Housing Allowance) 236 14th February 

Amendment Order 2005, laid under the Housing Act 1996; 

Housing Benefit (General) (Local Housing Allowance) Amendment 238 14th February 

Regulations 2005, laid under the Social Security Administration 

Act 1992; 

Housing Benefit and Council Tax Benefit (Miscellaneous 273 15th February 

Amendments) Regulations 2005, laid under the Social Security 

Contributions and Benefits Act 1992; 

Pension Protection Fund (Partially Guaranteed Schemes) 277 15th February 

(Modification) Regulations 2005, laid under the Pensions Act 2004; 

Pension Protection Fund (Limit on Borrowing) Order 2005, laid 339 16th February 

under the Pensions Act 2004; 

General Commissioners (Jurisdiction and Procedure) 

(i) 340 17th February 


Special Commissioners (Jurisdiction and Procedure) 

(ii) 341 17th February 


laid under the Taxes Management Act 1970;


2005 

S.I. No. 



Social Security (Industrial Injuries) (Prescribed Diseases) 324 18th February 

Amendment Regulations 2005, laid under the Social Security 

Contributions and Benefits Act 1992; 

Legal OYcers (Annual Fees) Order 2005, laid under the Ecclesiastical 336 18th February 

Fees Measure 1986; 

Social Security, Child Support and Tax Credits (Miscellaneous 337 18th February 


Act 1998; 

Child Benefit and Guardian’s Allowance (Miscellaneous 343 18th February 


Administration Act 1992. 

Instruments not subject to parliamentary proceedings 

Code of Practice on the discharge of the obligations of public — 16th February 

authorities, laid under the Environmental Information 

Regulations 2004. 



1. Draft Immigration (Leave to Enter and Remain) (Amendment) Order 2005, laid under 

the Immigration Act 1971, together with an Explanatory Memorandum; 

2. (i) Draft Firearms (Amendment) (Northern Ireland) Order 2005, together with an 


(ii) Draft District Policing Partnerships (Northern Ireland) Order 2005, together with an 


(iii) Draft Unauthorised Encampments (Northern Ireland) Order 2005, together with an 


laid under the Northern Ireland Act 2000; 

3. Draft Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2005, 

laid under the Criminal Procedure and Investigations Act 1996, together with an 


10. Regulatory Reform—The following orders were laid before the House under section 4(2) of the 


Committee: 

1. Draft Regulatory Reform (Execution of Deeds and Documents) Order 2005, together 

with a Statement by the Department for Constitutional AVairs; 

2. Draft Regulatory Reform (Fire Safety) Order 2005, together with a Statement by the 

OYce of the Deputy Prime Minister. 


on the Table: 

1. Child Abduction and Custody (Falkland Islands) (Amendment) Order 2005, laid under 

the Child Abduction and Custody Act 1985; (244) 

2. Pensions Appeal Tribunals (Posthumous Appeals) (Amendment) Order 2005, laid under 

the Social Security Act 1980; (245) 

3. Commonwealth Countries and Ireland (Immunities and Privileges) (Amendment) Order 

2005, laid under the Consular Relations Act 1968; (246) 

4. Parliamentary Commissioner Order 2005, laid under the Parliamentary Commissioner 

Act 1967; (249) 

5. Health Service Commissioner for England (Special Health Authorities) Order 2005, laid 

under the Health Service Commissioners Act 1993; (251) 

6. Transfer of Functions (Children, Young People and Families) Order 2005, laid under the 

Ministers of the Crown Act 1975; (252) 

7. Pensions (Northern Ireland) Order 2005, laid under the Northern Ireland Act 2000; 

(255) 

8. Renewables Obligation Order (Northern Ireland) 2005, laid under the Northern Ireland 

Act 2000. (—)


197 



1. Accounts for 2003-04 of the Independent Police Complaints Commission, laid under the 

Police Reform Act 2002, together with the Report of the Comptroller and Auditor 

General; 

2. Accounts for 2003–04 of the Criminal Injuries Compensation Appeals Panel for 

Northern Ireland, laid under the Criminal Injuries Compensation Act 1995, together with 

the Report of the Comptroller and Auditor General; 

3. Accounts for 2003–04 of the Westminster Education Action Zone, laid under the School 



4. Code of Practice for the Criminal Procedure and Investigations Act 1996, laid under that 

Act. 





Electoral Registration (Northern Ireland) Bill [hl]; 

Commissioners for Revenue and Customs Bill; 

Mental Capacity Bill—correspondence. (HL Paper 49) 


14. Identity Cards Bill—A bill to make provision for a national scheme of registration of individuals 

and for the issue of cards capable of being used for identifying registered individuals; to make 

it an oVence for a person to be in possession or control of an identity document to which he 

is not entitled, or of apparatus, articles or materials for making false identity documents; to 

amend the Consular Fees Act 1980; to make provision facilitating the verification of 

information provided with an application for a passport; and for connected purposes was 

brought from the Commons, read a first time and ordered to be printed. (HL Bill 30) 

15. Identity Cards Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL 

Bill 30-EN) 


47 (No two stages of a Bill to be taken on one day) be dispensed with on Tuesday next, 22nd 

February, to allow the Electoral Registration (Northern Ireland) Bill [hl] to be taken through 

its remaining stages that day; the motion was agreed to. 

17. Business of the House—It was moved by the Lord President (Baroness Amos) that consideration 

of the Report of the Select Committee on Economic AVairs on Monetary and Fiscal Policy: 

Present Successes and Future Problems in Grand Committee today shall be limited to 3 hours; 


18. Commissioners for Revenue and Customs Bill—It was moved by the Lord Grocott, on behalf of 

the Lord Goldsmith, that it be an instruction to the Grand Committee to which the 

Commissioners for Revenue and Customs Bill has been committed that they consider the bill 

in the following order: 






Schedule 3 


19. Electoral Registration (Northern Ireland) Bill [hl]—It was moved by the Lord President (Baroness 

Amos) that the bill be now read a second time; then it was moved by the Lord Smith of Clifton, 

as an amendment thereto, at end to insert “but this House deplores the attempt in the Bill to 

weaken the application of the Electoral Fraud (Northern Ireland) Act 2002”; after debate, the 

amendment was (by leave of the House) withdrawn; then the original motion was agreed to 

and the bill was committed to a Committee of the Whole House. 

20. Education Bill [hl]—The report was received; amendments were agreed to; amendments were 

agreed to (see division lists 1 to 3); amendments were moved and (by leave of the House) 

withdrawn; further consideration on report was adjourned. 




2005 

21. Report of the Select Committee on Economic AVairs on Monetary and Fiscal Policy: Present 

Successes and Future Problems (3rd Report, Session 2003–04, HL Paper 176)—The Grand 

Committee reported that it had considered the Report. 

22. Child Trust Funds (Amendment) Regulations 2005—The Grand Committee reported that it had 

considered the draft Regulations. 

23. Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2005—The Grand 

Committee reported that it had considered the draft Order. 

24. Education Bill [hl]—The bill was further considered on report; amendments were moved and (by 

leave of the House) withdrawn; amendments were agreed to; further consideration on report 

was adjourned after amendment 54. 

The House was adjourned at six minutes past ten o’clock 


DIVISIONS 



It was moved by the Baroness Perry of Southwark, in Schedule 1, page 67, line 14, at end to insert “and 

a list of such additional inspectors shall be published annually”; which being objected to, the question 

was put thereupon, and the House divided: 

Contents … … … … … … 149 


Addington, L. 

Alliance, L. 



Avebury, L. 


BiVen, L. 

Bowness, L. 

Bradshaw, L. 

Bridgeman, V. 



Caithness, E. 




Chorley, L. 


Cobbold, L. 


Colwyn, L. 


Courtown, E. 

Coventry, Bp. 




Dearing, L. 

Denham, L. 

Dholakia, L. 




Elles, B. 


Elton, L. 

Erroll, E. 


Fookes, B. 

CONTENTS 


Freeman, L. 

Garden, L. 


Geddes, L. 


Glentoran, L. 

Goodhart, L. 

Greaves, L. 

Greenway, L. 

Hamwee, B. 

Hanham, B. 




Hayhoe, L. 


Home, E. 

Hooper, B. 

Howe, E. 







Kalms, L. 

Kimball, L. 


Laidlaw, L. 




Lindsay, E. 


Listowel, E. 


Lucas, L. 

Luke, L. 

Lyell, L. 



McNally, L. 

Maddock, B. 


Marsh, L. 




Monson, L. 




Neuberger, B. 

Newby, L. 

Noakes, B. 


Northesk, E. 


Onslow, E. 

Palmer, L. 


Patten, L. 



Razzall, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 

Rennard, L. 

Renton, L. 



Roper, L. 



Sandberg, L.


199 

Sandwich, E. 


Seccombe, B. 






Steinberg, L. 

Stern, B. 


Acton, L. 

Ahmed, L. 


Andrews, B. 



Barnett, L. 


Berkeley, L. 



Blood, B. 

Borrie, L. 

Bragg, L. 

Brennan, L. 


Brookman, L. 


Carter, L. 




Crawley, B. 

David, B. 



Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 






Filkin, L. 

Fitt, L. 


Gale, B. 


Giddens, L. 

Golding, B. 

Goldsmith, L. 


Swinfen, L. 

Taverne, L. 


Thatcher, B. 



TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Tugendhat, L. 

NOT-CONTENTS 


Goudie, B. 



Gregson, L. 




Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 









Jones, L. 

Jordan, L. 

Judd, L. 


Kirkhill, L. 


Leitch, L. 

Lipsey, L. 


McDonagh, B. 








Maxton, L. 


Mitchell, L. 

Morgan, L. 



Ullswater, V. 


Wakeham, L. 

Walmsley, B. 

Walpole, L. 

Warnock, B. 



Wilcox, B. 


Parekh, L. 


Pendry, L. 

Peston, L. 




Prashar, B. 

Prosser, B. 


Radice, L. 



Rea, L. 


Richard, L. 

Rosser, L. 

Rowlands, L. 


Sawyer, L. 


Sewel, L. 

Sheldon, L. 

Simon, V. 




Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Uddin, B. 




Whitaker, B. 

Wilkins, B. 







It was moved by the Baroness Sharp of Guildford, in Clause 2, page 2, line 24, at end to insert “, and 

( ) the degree to which schools are developing rigorous internal procedures of selfevaluation”; 


Contents … … … … … … 144 



2005 

Addington, L. 




Attlee, E. 


Bell, L. 

Blaker, L. 

Bridgeman, V. 



Buscombe, B. 

Caithness, E. 





Chan, L. 


Cobbold, L. 



Courtown, E. 




Dearing, L. 

Denham, L. 

Dholakia, L. 


Dykes, L. 



Elles, B. 


Elton, L. 


Feldman, L. 

Fookes, B. 

Fowler, L. 

Freeman, L. 

Garden, L. 


Geddes, L. 


Glentoran, L. 

Goodhart, L. 

Greaves, L. 

Acton, L. 

Ahmed, L. 

Andrews, B. 



Bach, L. 

Barnett, L. 



Birt, L. 

Blood, B. 

Borrie, L. 

Bragg, L. 

Brennan, L. 

Brett, L. 


Brookman, L. 

CONTENTS 

Greenway, L. 

Hamwee, B. 

Hanham, B. 




Hayhoe, L. 


Home, E. 

Hooper, B. 

Hooson, L. 

Howe, E. 





Kalms, L. 


Kimball, L. 





Lindsay, E. 

Listowel, E. 


Luke, L. 

Lyell, L. 


McNally, L. 

Maddock, B. 


Mancroft, L. 






Montrose, D. 



Moynihan, L. 


Neuberger, B. 

Newby, L. 


Noakes, B. 


NOT-CONTENTS 


Carter, L. 




Crawley, B. 

David, B. 



Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 





Northesk, E. 



Onslow, E. 

Palmer, L. 





Prashar, B. 

Razzall, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rennard, L. 

Renton, L. 



Roper, L. 




Sandberg, L. 


Seccombe, B. 

Sharp of Guildford, B. [Teller] 





Steinberg, L. 

Stewartby, L. 


Thatcher, B. 



Tope, L. 

TordoV, L. 

Trenchard, V. 

Tugendhat, L. 


Wakeham, L. 


Walmsley, B. 

Walpole, L. 

Warnock, B. 

Wolfson, L. 


Falkender, B. 



Filkin, L. 


Gale, B. 


Giddens, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 





Harrison, L.


201 


Haskel, L. 

Haworth, L. 

Hayman, B. 









Jones, L. 

Jordan, L. 

Judd, L. 


Kirkhill, L. 


Leitch, L. 

Lipsey, L. 


McDonagh, B. 








Maxton, L. 

Mitchell, L. 

Morgan, L. 



Pendry, L. 

Peston, L. 




Prosser, B. 


Radice, L. 




Richard, L. 

Rosser, L. 

Rowlands, L. 


Sawyer, L. 


Sewel, L. 

Sheldon, L. 

Simon, V. 


Snape, L. 




Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Uddin, B. 



Whitaker, B. 

Wilkins, B. 





It was moved by the Lord Hanningfield, in Clause 2, page 2, line 24, at end to insert— 

“(g) the behaviour and discipline of pupils and levels of truancy in those schools.”; 


Contents … … … … … … 127 


Addington, L. 


Attlee, E. 


Blaker, L. 



Buscombe, B. 

Caithness, E. 



Colwyn, L. 


Courtown, E. 


Craigavon, V. 


Denham, L. 


Dykes, L. 



Elles, B. 


Elton, L. 


Feldman, L. 

Ferrers, E. 

Fookes, B. 

Fowler, L. 

Freeman, L. 

Freyberg, L. 

Garden, L. 

CONTENTS 


Geddes, L. 


Glentoran, L. 

Goodhart, L. 

Greaves, L. 

Greenway, L. 

Hamwee, B. 



Hayhoe, L. 


Home, E. 

Hooper, B. 

Hooson, L. 

Howe, E. 






Jopling, L. 

Kalms, L. 

Kimball, L. 




Lindsay, E. 


Luke, L. 

Lyell, L. 



McNally, L. 

Maddock, B. 


Mancroft, L. 






Montrose, D. 


Moynihan, L. 


Neuberger, B. 

Newby, L. 

Noakes, B. 


Northesk, E. 




Patten, L. 




Razzall, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rennard, L. 

Renton, L. 


Roberts of Llandudno, L.


2005 

Roper, L. 



Sandberg, L. 







Steinberg, L. 

Stewartby, L. 


Thatcher, B. 



Tope, L. 

TordoV, L. 

Trenchard, V. 

Tugendhat, L. 

Ullswater, V. 


Wakeham, L. 


Walmsley, B. 

Walpole, L. 

Warnock, B. 

Wolfson, L. 

Acton, L. 

Ahmed, L. 


Andrews, B. 



Bach, L. 

Barnett, L. 



Blood, B. 

Borrie, L. 

Bragg, L. 

Brennan, L. 


Brookman, L. 

Carter, L. 




Crawley, B. 


David, B. 



Dearing, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Eatwell, L. 

Elder, L. 





Falkender, B. 



Filkin, L. 


NOT-CONTENTS 

Gale, B. 


Giddens, L. 

Golding, B. 

Goldsmith, L. 







Harrison, L. 


Haskel, L. 

Haworth, L. 









Jones, L. 

Jordan, L. 


Kirkhill, L. 


Leitch, L. 

Lipsey, L. 

Listowel, E. 


McDonagh, B. 







Maxton, L. 

Mitchell, L. 

Morgan, L. 



Paul, L. 

Pendry, L. 




Prosser, B. 




Richard, L. 

Rosser, L. 

Rowlands, L. 


Sawyer, L. 


Sewel, L. 

Sheldon, L. 

Simon, V. 

Snape, L. 




Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 



Uddin, B. 




Whitaker, B. 

Wilkins, B. 




APPENDIX 



Report of the Select Committee on Economic AVairs on Monetary and Fiscal Policy: Present Successes 

and Future Problems (3rd Report, Session 2003-04, HL Paper 176) (3-hour debate)—It was moved 

by the Lord Peston that the Grand Committee do report to the House that it has considered the 

Report of the Select Committee on Economic AVairs on Monetary and Fiscal Policy: Present 

Successes and Future Problems; after debate, the motion was agreed to. 

Child Trust Funds (Amendment) Regulations 2005—It was moved by the Lord McIntosh of Haringey 

that the Grand Committee do report to the House that it has considered the draft Child Trust 

Funds (Amendment) Regulations 2005; the motion was agreed to.

2005 21st-22nd February 

203 

Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2005—It was moved by 

the Lord McIntosh of Haringey that the Grand Committee do report to the House that it has 

considered the draft Government Resources and Accounts Act 2000 (Audit of Public Bodies) 

Order 2005; the motion was agreed to. 

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

Tuesday 22nd February 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 


Alliance, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 






Attlee, E. 

Avebury, L. 

Bach, L. 




Barnett, L. 



Berkeley, L. 


Bhatia, L. 


BiVen, L. 


Blackwell, L. 

Blood, B. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 




Brookman, L. 



Burlison, L. 

Buscombe, B. 


Byford, B. 



Caithness, E. 






Carter, L. 

Chan, L. 

Chapman, B. 

Chorley, L. 





Cobbold, L. 

Cockfield, L. 


Colwyn, L. 



Courtown, E. 

Coventry, Bp. 

Cox, B. 

Craigavon, V. 

Crawley, B. 




David, B. 





Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eames, L. 

Eatwell, L. 



Elder, L. 

Elles, B. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Feldman, L. 

Ferrers, E. 

Filkin, L. 


Fitt, L. 

Fookes, B. 


Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 



Gavron, L. 

Geddes, L. 


Giddens, L. 


Glasgow, E. 


Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 




Greaves, L. 


Greenway, L. 

Gregson, L. 

Grenfell, L. 

GriYths, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 


Hanningfield, L.


2005 



Harrison, L. 


Haskel, L. 

Haskins, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Higgins, L. 




Hooper, B. 

Hooson, L. 


Howe, E. 











Hylton, L. 

Imbert, L. 

Inge, L. 

Inglewood, L. 



Jellicoe, E. 


Jones, L. 

Jopling, L. 

Judd, L. 

Kalms, L. 



Kimball, L. 



Kingsland, L. 

Kirkhill, L. 


Laming, L. 




Layard, L. 


Leitch, L. 


Lindsay, E. 


Lipsey, L. 

Listowel, E. 


Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 


McCluskey, L. 

McDonagh, B. 











McNally, L. 

Maddock, B. 


Mancroft, L. 


Marsh, L. 




Maxton, L. 



Methuen, L. 




Mitchell, L. 


Monson, L. 

Montrose, D. 

Moran, L. 

Morgan, L. 





Moynihan, L. 

Murphy, B. 


Neuberger, B. 

Newby, L. 


Nicol, B. 

Noakes, B. 


Northesk, E. 

Northover, B. 



Onslow, E. 

Ouseley, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 


Patel, L. 


Patten, L. 

Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 






Plumb, L. 


Prashar, B. 

Prosser, B. 


Quinton, L. 

Quirk, L. 




Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 



Rennard, L. 

Renton, L. 

Richard, L. 





Rooker, L. 

Roper, L. 

Rosser, L. 

Rowlands, L. 






Sandberg, L. 


Sandwich, E. 

Sawyer, L. 


Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 



Sheldon, L. 


Simon, V. 


Slim, V. 





Snape, L. 


Steinberg, L. 

Stern, B. 


Stewartby, L. 





Swinfen, L. 


Taverne, L. 


Tenby, V.


205 



Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 




Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warnock, B. 





Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 













1. Melville (Respondent) v. Home OYce (Petitioners)—The petition of the Home OYce praying 

for leave to appeal was presented and referred to an Appeal Committee (lodged 17th 

February). 

2. Bhamjee (Petitioner) v. Forsdick and others (Respondents) and one other action—The petition of 

Ismail Abdulhai Bhamjee 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 


Papers 

3. Instrument withdrawn—The following instrument, laid before the House on 10th January 2005, 

was withdrawn: 

Draft Industrial Training Levy (Engineering Construction Board) Order 2005. 



1. Pay Review Bodies—Fourteenth Report of the School Teachers’ Review Body; (6430) 

2. Pay Review Bodies—Twenty-Seventh Report of the Review Body on Senior Salaries; 

(6451) 

3. Pay Review Bodies—Thirty-Fourth Report of the Armed Forces’ Pay Review Body; 

(6455) 

4. Pay Review Bodies—Thirty-Fourth Report of the Review Body on Doctors’ and 

Dentists’ Remuneration; (6463) 

5. Pay Review Bodies—Fourth Report of the Prison Service Pay Review Body (England 

and Wales); (6478) 

6. Honours System—Reform of the Honours System: Government Response to the reports 

of the House of Commons Public Administration Select Committee and Sir Hayden 

Phillips; (6479) 

7. Police—Foreign and Commonwealth OYce Departmental Minute concerning the gifting 

of body armour to Iranian Anti-Narcotics Police. (—) 



1. (i) Draft Water Supply (Fluoridation Indemnities) (England) Regulations 2005, 


(ii) Draft Water Fluoridation (Consultation) (England) Regulations 2005, together with 

an Explanatory Memorandum— 

laid under the Water Industry Act 1991; 

2. Draft Public Processions (Amendment) (Northern Ireland) Order 2005, laid under the 

Northern Ireland Act 2000, together with an Explanatory Memorandum; 

3. Draft Employment Zones (Allocation to Contractors) Pilot Regulations 2005, laid under 

the Jobseekers Act 1995, together with an Explanatory Memorandum.


2005 


on the Table: 

1. Licensing Act 2003 (Fees) (Amendment) Regulations 2005, laid under the Licensing Act 

2003; (357) 




1. Report for 2004 Reviewing the Operation of the Anti-terrorism, Crime and Security Act 

2001, laid under that Act; 

2. Accounts for 2003–04 of the Northern Ireland Policing Board (Board Grant) together 

with the Report of the Comptroller and Auditor General, laid under the Police (Northern 

Ireland) Act 2000; 

3. (i) Treasury Minute directing the application of certain amounts as Appropriations in 

Aid of the Estimates for 2003–04— 

(ii) Treasury Minute directing the application of certain amounts as Appropriations in 

Aid of the Estimates for 2004–05— 

laid under the Government Resources and Accounts Act 2000. 



ordered to be printed. (HL Paper 50) 

9. European Union—The following Reports from the Select Committee were made and ordered to 

be printed, together with the Minutes of Evidence: 

Developments in the European Union: Evidence from the Ambassador of the Grand Duchy 

of Luxembourg and the European Parliament’s Constitutional AVairs Committee; (3rd 

Report-HL Paper 51) 

Liberalising Rail Freight Movement in the EU; (4th Report-HL Paper 52) 

After Madrid: the EU’s response to terrorism. (5th Report-HL Paper 53) 



Draft Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 

to 23) Order 2005; 

Draft Child Trust Funds (Appeals) (Northern Ireland) Regulations 2005; 

Draft Child Trust Funds (Appeals) Regulations 2005; 

Draft Criminal Justice and Police Act 2001 (Amendment) Order 2005; 

Draft New Opportunities Fund (Specification of Initiative) Order 2005; 

Draft Northern Ireland Act 2000 (Modification) Order 2005; 

Draft Occupational Pension Schemes (Levies) Regulations 2005; 

Draft Occupational Pension Schemes (Modification of Pension Protection Provisions) 


Draft Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 

2005; 

Draft Renewables Obligation Order 2005; 

Draft Social Security Commissioners (Procedure) (Child Trust Funds) Regulations 2005; 

Draft Town and Country Planning (Fees for Applications and Deemed Applications) 

(Amendment) (England) Regulations 2005; 

it was ordered that the Report be printed. (HL Paper 54)


207 


11. Clean Neighbourhoods and Environment Bill—A bill to amend section 6 of the Crime and 

Disorder Act 1998; to make provision for the gating of certain minor highways; to make 

provision in relation to vehicles parked on roads that are exposed for sale or being repaired; 

to make provision in relation to abandoned vehicles and the removal and disposal of vehicles; 

to make provision relating to litter and refuse, graYti, fly-posting and the display of 

advertisements; to make provision relating to the transportation, collection, disposal and 

management of waste; to make provision relating to the control of dogs and to amend the law 

relating to stray dogs; to make provision in relation to noise; to provide for the Commission 

for Architecture and the Built Environment and for the making of grants relating to the 

quality of the built environment; to amend the law relating to abandoned shopping and 

luggage trolleys; to amend the law relating to statutory nuisances; to amend section 78L of the 

Environmental Protection Act 1990; to amend the law relating to oVences under Schedule 1 

to the Pollution Prevention and Control Act 1999; and for connected purposes was brought 

from the Commons, read a first time and ordered to be printed. (HL Bill 31) 

12. Clean Neighbourhoods and Environment Bill—It was ordered that the Explanatory Notes relating 

to the bill be printed. (HL Bill 31-EN) 

13. Child Trust Funds (Amendment) Regulations 2005—It was moved by the Lord McIntosh of 

Haringey that the draft Regulations laid before the House on 21st December 2004 be 


14. Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2005—It was 

moved by the Lord McIntosh of Haringey that the draft Order laid before the House on 31st 

January be approved; the motion was agreed to. 

15. Mental Capacity Bill—It was moved by the Baroness Ashton of Upholland that the amendments 

for the Report stage be marshalled and considered in the following order: 






Schedule 3 


16. Electoral Registration (Northern Ireland) Bill [hl]—The House resolved itself into a Committee 

upon the bill; an amendment was moved and (by leave of the Committee) withdrawn; an 

amendment was disagreed to (see division list); the House was resumed and the bill was 

reported without amendment. 

17. Gambling Bill—It was moved by the Lord McIntosh of Haringey that the bill be now read a second 

time; after debate, the motion was agreed to and the bill was committed to a Committee of the 

Whole House. 

18. Electoral Registration (Northern Ireland) Bill [hl]—The report was received; then, Standing Order 

47 having been dispensed with, the bill was read a third time and passed and sent to the 

Commons. 

The House was adjourned at three minutes before ten o’clock 


DIVISION 

ELECTORAL REGISTRATION (NORTHERN IRELAND) BILL [HL] 

It was moved by the Lord Shutt of Greetland, after Clause 2, to insert the new Clause (Rolling 

registration); which being objected to, the question was put thereupon, and the Committee divided: 

Contents … … … … … … 61 


Addington, L. 

Avebury, L. 




Dholakia, L. 

CONTENTS 

Dykes, L. 


Erroll, E. 


Fitt, L. 


Fowler, L. 

Garden, L. 

Glasgow, E. 

Glentoran, L. [Teller] 

Goodhart, L. 

Greaves, L.


2005 


Hooson, L. 


Hylton, L. 

Jopling, L. 



Lucas, L. 

Lyell, L. 


McNally, L. 

Maddock, B. 


Methuen, L. 


Monson, L. 

Neuberger, B. 

Newby, L. 

Northover, B. 




Redesdale, L. 


Roper, L. 


Sandberg, L. 

Sandwich, E. 


Shutt of Greetland, L. [Teller] 


Steinberg, L. 

Stewartby, L. 

Taverne, L. 



Tope, L. 

TordoV, L. 

Trefgarne, L. 



Walmsley, B. 


Acton, L. 

Ahmed, L. 



Andrews, B. 



Bach, L. 

Barnett, L. 




Borrie, L. 

Bragg, L. 

Brennan, L. 


Brookman, L. 


Burlison, L. 


Carter, L. 

Chorley, L. 






Crawley, B. 

David, B. 




Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Eatwell, L. 

Elder, L. 





Filkin, L. 


Gale, B. 


NOT-CONTENTS 

Giddens, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 





Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 











Judd, L. 


Kirkhill, L. 

Layard, L. 


Leitch, L. 

Lipsey, L. 

Lockwood, B. 


McDonagh, B. 









Maxton, L. 


Mitchell, L. 

Morgan, L. 



Palmer, L. 

Parekh, L. 

Patel, L. 


Paul, L. 

Pendry, L. 



Prosser, B. 




Richard, L. 

Rooker, L. 

Rosser, L. 

Rowlands, L. 


Sawyer, L. 


Sewel, L. 

Sheldon, L. 

Simon, V. 


Snape, L. 




Tenby, V. 

Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 



Walpole, L. 


Whitaker, B. 

Whitty, L. 






2005 22nd-23rd February 

209 

APPENDIX 



Commissioners for Revenue and Customs Bill—The bill was considered in the Grand Committee; 


adjourned after clause 10 stood part. 

The Committee was adjourned at twenty-nine minutes past seven o’clock. 

Ackner, L. 

Addington, L. 

Ahmed, L. 


Alli, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 







Attlee, E. 

Avebury, L. 

Bagri, L. 



Barnett, L. 



Best, L. 

Bhatia, L. 

BiVen, L. 


Birt, L. 



Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 




Brookman, L. 



Burlison, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 

Wednesday 23rd February 2005 










Carter, L. 

Chan, L. 

Chorley, L. 





Cobbold, L. 

Cockfield, L. 


Colwyn, L. 



Courtown, E. 

Coventry, Bp. 

Cox, B. 


Crawley, B. 




David, B. 





Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dykes, L. 

Eatwell, L. 


Elles, B. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Feldman, L. 

Ferrers, E. 

Fitt, L. 

Fookes, B. 


Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 


Geddes, L. 


Giddens, L. 

Glasgow, E. 


Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goudie, B. 



Greaves, L. 


Greenway, L. 

Gregson, L. 


Grocott, L. 

Hamwee, B. 





Harrison, L. 

Haskel, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Higgins, L. 




Hooper, B.


2005 

Hooson, L. 



Howe, E. 





Hoyle, L. 





Hylton, L. 



Jellicoe, E. 


Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 


Kimball, L. 


Kirkham, L. 

Kirkhill, L. 






Leitch, L. 



Lipsey, L. 

Listowel, E. 


Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 













McNally, L. 

Maddock, B. 


Mancroft, L. 



Marsh, L. 



Maxton, L. 








Monson, L. 

Montrose, D. 

Morgan, L. 




Moser, L. 


Moynihan, L. 

Murphy, B. 



Neuberger, B. 

Newby, L. 


Nickson, L. 

Noakes, B. 


Northover, B. 





Onslow, E. 

Ouseley, L. 

Palmer, L. 

Parekh, L. 


Patel, L. 


Patten, L. 


Paul, L. 


Peel, E. 

Pendry, L. 

Peston, L. 





Plumb, L. 


Prosser, B. 


Quinton, L. 

Quirk, L. 

Radice, L. 


Rana, L. 



Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 


Richard, L. 






Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 

Rowlands, L. 






Sandberg, L. 


Sandwich, E. 

Sawyer, L. 

Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 



Sheldon, L. 



Simon, V. 


Skidelsky, L. 

Slim, V. 







Steinberg, L. 


Stewartby, L. 





Swinfen, L. 

Taverne, L. 



Tebbit, L. 

Tenby, V. 

Thatcher, B. 



Thornton, B. 

Tomlinson, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 



Wakeham, L. 



Walmsley, B. 

Walpole, L.


211 


Warnock, B. 





Whitaker, B. 

Whitty, L. 

Wilkins, B. 













1. A and others (Appellants) v. Secretary of State for the Home Department (Respondent) (2004) 

(England)—The appeal of A, B, E, F, G, H, Mahmoud Abu Rideh and Jamal Ajouaou was 


appendix thereto be lodged on or before 6th April. 

2. A and others (Appellants) (FC) and others v. Secretary of State for the Home Department 

(Respondent) (England)—The appeal of C and D was presented and it was ordered that in 


6th April. 

3. Connex South Eastern Limited (Petitioners) v. Bangs (Respondent)—The petition of Connex 

South Eastern Limited praying for leave to appeal was presented and referred to an Appeal 

Committee. 

4. CV Scheepvaartonderneming Flintermar (Respondents) v. Sea Malta Company Limited 

(Petitioners)—The petition of Sea Malta Company Limited praying for leave to appeal was 

presented and referred to an Appeal Committee. 


(Respondent)—The appeal was set down for hearing and referred to an Appellate Committee. 

6. R v. Olditch (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R 

v. O (Appellant))— 

7. R v. Pritchard (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly 

R v. P (Appellant))— 

8. R v. Jones (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. 

J (Appellant))— 

9. R v. Milling (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R 

v. M (Appellant))— 

10. R v. Richards (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R 

v. R (Appellant))— 

The petition of the appellants praying that the appeals be conjoined, that they be allowed to 

lodge one statement, one appendix and one case; that Olditch and Pritchard be jointly 

represented and Jones, Milling and Richards be jointly represented and that the respondent 

have leave to lodge one case in respect of the appeals (the agents for the respondent consenting 


Papers 



1. Law Commission—Report on Unfair Terms in Contracts; (6464) 

2. European Union—Partnership and Co-operation Agreement between the European 

Communities and Ukraine on Customs Matters; (6473) 

3. Education—14-19 Education and Skills: Government Proposals; (6476) 

4. Foreign AVairs—Exchange of Notes between the United Kingdom and the Russian 

Federation concerning the Commercialisation of Sites in London and Moscow. (6477) 



1. Draft Social Security Commissioners (Procedure) (Amendment) Regulations 2005, laid 

under the Pensions Appeal Tribunals Act 1943, together with an Explanatory 

Memorandum; 

2. Draft Community Legal Service (Asylum and Immigration Appeals) Regulations 2005, 

laid under the Nationality Immigration and Asylum Act 2002, together with an 

Explanatory Memorandum;


2005 

3. Draft Non-Domestic Rating (Chargeable Amounts) (England) (Amendment) 

Regulations 2005, laid under the Local Government and Finance Act 1988, together with 

an Explanatory Memorandum; 

4. Draft Extradition Act 2003 (Part 3 Designation) (Amendment) Order 2005, laid under 

the Extradition Act 2003, together with an Explanatory Memorandum. 


on the Table: 

1. Immigration Services Commissioner (Designated Professional Body) (Fees) Order 2005, 

laid under the Immigration and Asylum Act 1999; (348) 

2. Airport Byelaws (Designation) Order 2005, laid under the Airports Act 1986; (354) 

3. Restriction on Agreements (Manufacturers and Importers of Motor Cars) (Revocation) 

Order 2005, laid under the Fair Trading Act 1973; (355) 

4. Statutory Maternity Pay (General) and the Statutory Paternity Pay and Statutory 

Adoption Pay (General) (Amendment) Regulations 2005, laid under the Social Security 

Contributions and Benefits Act 1992; (358) 

5. Salmonella in Laying Flocks (Survey Powers) (England) Regulations 2005, laid under the 

European Communities Act 1972; (359) 

6. Private Security Industry Act 2001 (Designated Activities) (Revocation) Order 2005, laid 

under the Private Security Industry Act 2001; (361) 

7. Awards for All (England) Joint Scheme (Authorisation) Order 2005, laid under the 

National Lottery etc. Act 1993. (374) 



1. Accounts for 1st April 2004 to 9th January 2005 of the Withernsea and Southern 

Holderness Education Action Zones, laid under the School Standards and Framework 

Act 1998, together with the Report of the Comptroller and Auditor General; 

2. Accounts for 1st April 2004 to 5th September 2004 of the Greenwich Education Action 

Zone, laid under the School Standards and Framework Act 1998, together with the 

Report of the Comptroller and Auditor General; 

3. Accounts for 1st April 2004 to 30th November 2004 of the following Education Action 

Zones, together with the Reports of the Comptroller and Auditor General; 

(i) Derby North East— 

(ii) North Islington— 

(iii) Telford and Wrekin— 


4. Accounts for 1st April 2004 to 31st December 2004 of the following Education Action 

Zones, together with the Reports of the Comptroller and Auditor General; 

(i) Easington and Seaham— 

(ii) Stoke— 

(iii) Sunderland— 

laid under the School Standards and Framework Act 1998. 



notification that the following instrument had come into operation before being laid before 


on the Table: 

Legal OYcers (Annual Fees) Order 2005. (336) 





Railways Bill—including Government amendments for Committee Stage; (HL Paper 

58) 


Gambling Bill. (HL Paper 59)

2005 23rd-24th February 

213 


printed: 

Scrutiny: Fourth Progress Report, together with appendices; (8th Report—HL Paper 60) 

Prevention of Terrorism Bill: Preliminary Report. (9th Report—HL Paper 61) 


18. Drugs Bill—A bill to make provision in connection with controlled drugs and for the making of 

orders to supplement anti-social behaviour orders in cases where behaviour is aVected by drug 

misuse or other prescribed factors was brought from the Commons, read a first time and 

ordered to be printed. (HL Bill 32) 

19. Drugs Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 

32-EN) 


the motion in the name of the Lord Waddington set down for today shall be limited to 3° 

hours and that in the name of the Lord Marlesford to 1° hours; the motion was agreed to. 

21. Immigration and asylum (3°-hour debate)—It was moved by the Lord Waddington that there be 

laid before the House papers relating to immigration and asylum controls for the maintenance 

of good race relations, national security and the provision of public services; after debate, the 

motion was (by leave of the House) withdrawn. 

22. OYcial statistics (1°-hour debate)—It was moved by the Lord Marlesford that there be laid before 

the House papers relating to the adequacy of oYcial statistics for the determination of policy; 

after debate, the motion was (by leave of the House) withdrawn. 

23. Climate change (EUC Report)—It was moved by the Lord Renton of Mount Harry that this 

House takes note of the Report of the European Union Committee on The EU and Climate 

Change (30th Report, Session 2003–04, HL Paper 179); after debate, the motion was agreed 

to. 

The House was adjourned at six minutes past ten o’clock 



APPENDIX 




moved and (by leave of the Committee) withdrawn; the Committee was adjourned after 

amendment 97. 

The Committee was adjourned at half-past seven o’clock. 

Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 



Amos, B. 

Ampthill, L. 

Andrews, B. 



Ashcroft, L. 




Attlee, E. 

Avebury, L. 

Bach, L. 

Thursday 24th February 2005 




Barnett, L. 



Berkeley, L. 


Best, L. 

Bhatia, L. 

BiVen, L. 



Birt, L. 


Blackwell, L. 

Blaker, L. 

Blood, B. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 



Brookman, L. 




Heywood, L. 

Burlison, L. 

Buscombe, B.


2005 


Caithness, E. 






Carter, L. 

Chan, L. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 

Colwyn, L. 



Coventry, Bp. 

Cox, B. 


Craigavon, V. 

Crawley, B. 





David, B. 





Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dykes, L. 

Eatwell, L. 


Elles, B. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Feldman, L. 

Ferrers, E. 

Filkin, L. 

Fitt, L. 

Fookes, B. 


Fowler, L. 


Freeman, L. 

Freyberg, L. 

Gale, B. 

Garden, L. 


Geddes, L. 


Glasgow, E. 


Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goschen, V. 



Greaves, L. 


Greenway, L. 

Grocott, L. 


Hamwee, B. 

Hanham, B. 




Harrison, L. 


Haskel, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henley, L. 

Higgins, L. 




Hooper, B. 

Hooson, L. 



Howe, E. 





Hoyle, L. 





Hylton, L. 



Jellicoe, E. 


JoVe, L. 

Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 

Kalms, L. 


Kimball, L. 


Kingsdown, L. 

Kingsland, L. 

Kirkhill, L. 


Laming, L. 




Layard, L. 


Leitch, L. 



Lipsey, L. 

Listowel, E. 


Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 



McDonagh, B. 










McNally, L. 

Maddock, B. 



Mancroft, L. 



Marsh, L. 




Maxton, L. 



Methuen, L. 




Mitchell, L. 


Monson, L. 

Montrose, D. 

Morgan, L. 




Moynihan, L. 


Naseby, L. 

Newby, L. 




Noakes, B. 

Northover, B. 


Onslow, E. 

Ouseley, L. 

Owen, L. 

Oxburgh, L. 

Palmer, L.


215 

Parekh, L. 



Patten, L. 

Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 






Plumb, L. 



Prashar, B. 

Prosser, B. 


Quirk, L. 


Rana, L. 


Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 

Richard, L. 





Rooker, L. 

Roper, L. 

Rosser, L. 







Sandberg, L. 


Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 



Sheldon, L. 



Simon, V. 


Skidelsky, L. 

Slim, V. 




Snape, L. 





Stewartby, L. 




Swinfen, L. 

Taverne, L. 






Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 








Walmsley, B. 

Walpole, L. 


Warnock, B. 




Whitaker, B. 

Whitty, L. 

Wilkins, B. 










1. Regina v. Secretary of State for Education and Employment and others (Respondents) ex parte 

Williamson (Appellant) and others—It was moved by the Lord Bingham of Cornhill, That the 

23rd 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 12th December 2002 be 

aYrmed and the appeal dismissed; and that the question of costs be adjourned in order that 

the parties may make written submissions within 14 days, the amount thereof to be certified 

by the Clerk of the Parliaments if not agreed between the parties. [2005] UKHL 15 

2. Secretary of State for Trade and Industry (Respondent) v. Rutherford and another (FC) 

(Appellants) and others (England)—The appeal of John Dennis Rutherford and Samuel 

Bentley was presented and it was ordered that in accordance with Standing Order VI the 

statement and appendix thereto be lodged on or before 7th April. 

3. Jackson and others (Petitioners) v. Her Majesty’s Attorney General (Respondent)—The petition 

of John Bernard Haysom Jackson, Patrick Douglas Martin and Harriet Mair Hughes praying 

for leave to appeal was presented and referred to an Appeal Committee. 

4. Maguire (personal representative of the estate of Teresa Maguire, deceased) (Petitioner) v. Harland 

& WolV plc and others (Respondents)—The petition of James Maguire praying for leave to 

appeal was presented and referred to an Appeal Committee. 

5. Ahmad (Petitioner) v. Her Majesty’s Commissioners of Inland Revenue (Respondents)— The 

petition of Musabbir Ahmad praying for leave to appeal notwithstanding that the time limited 



referred to an Appeal Committee.


2005 

6. In re D (a child appearing by her guardian ad litem) (Respondent) (FC)—The appeal was set down 

for hearing and referred to an Appellate Committee (lodged 23rd February). 

7. McFarlane (Appellant) v. McFarlane (Respondent)—The appeal was set down for hearing and 

referred to an Appellate Committee (lodged 23rd February). 

8. R v. Olditch (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R 

v. O (Appellant))— 

9. R v. Pritchard (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly 

R v. P (Appellant))— 

10. R v. Jones (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. 

J (Appellant))— 

11. R v. Milling (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R 

v. M (Appellant))— 

12. R v. Richards (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R 

v. R (Appellant))— 



13. R v. Jones (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R 

v. J (Respondent))— 

14. R v. Milling (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formerly 

R v. M (Respondent))— 

15. R v. Olditch (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formerly 

R v. O (Respondent))— 

16. R v. Pritchard (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formerly 

R v. P (Respondent))— 

17. R v. Richards (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formerly 

R v. R (Respondent))— 

(Consolidated Appeals)— 
















and setting down the cause for hearing might be extended to 24th March next (the agents for 

the respondents consenting thereto) was presented; and it was ordered as prayed.


217 



Speed Investments Limited and others (Respondents) v. Formula One Holdings Limited and 

others (Petitioners)—That leave to appeal be refused; that the respondents be at liberty to 



parties. 

Clays Lane Housing Co-operative Limited (Petitioners) v. Housing Corporation 




Law Society (Respondents) v. Sephton & Co (a firm) (Petitioners) and another and others 

(Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 10th 

March next. 

7 Strathray Gardens Limited (Petitioners) v. Pointstar Shipping & Finance Limited and others 






Papers 

25. Instrument withdrawn—The following instrument, laid before the House on 3rd February 2005, 

was withdrawn: 

Draft Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2005. 



United Nations—A More Secure World: our Shared Responsibility. (6449) 



1. Draft Opticians Act 1989 (Amendment) Order 2005, laid under the Health Act 1999, 

together with an Explanatory Memorandum; 

2. Draft Electoral Law Act (Northern Ireland) 1962 (Amendment No. 2) Order 2005, laid 

under the Political Parties, Elections and Referendums Act 2000, together with an 


3. Draft Contracting Out (Functions in Relation to Cultural Objects) Order 2005, laid 

under the Deregulation and Contracting Out Act 1994, together with an Explanatory 

Memorandum; 

4. Draft Companies Act 1989 (Delegation) Order 2005, laid under the Companies Act 1989, 

together with an Explanatory Memorandum. 


on the Table: 

1. Police Act 1997 (Criminal Records) (Amendment) Regulations 2005, laid under the 

Police Act 1997; (347) 

2.(i) Financial Services and Markets Act 2000 (Market Abuse) Regulations 2005—(381) 

(ii) Investment Recommendation (Media) Regulations 2005— (382) 



29. Stipends (Cessation of Special Payments) Measure—The Measure and the 219th Report thereon 

of the Ecclesiastical Committee were laid before the House (pursuant to section 4 of the 

Church of England Assembly (Powers) Act 1919) and ordered to be printed. (HL Paper 55 

and 55-I) 

30. Care of Cathedrals (Amendment) Measure—The Measure and the 220th Report thereon of the 

Ecclesiastical Committee were laid before the House (pursuant to section 4 of the Church of 

England Assembly (Powers) Act 1919) and ordered to be printed. (HL Paper 56 and 56-I)


2005 

31. Church of England (Miscellaneous Provisions) Measure—The Measure and the 221st Report 

thereon of the Ecclesiastical Committee were laid before the House (pursuant to section 4 of 

the Church of England Assembly (Powers) Act 1919) and ordered to be printed. (HL Paper 

57 and 57-I) 


32. Business of the House—It was moved by the Lord President (Baroness Amos) that leave be given 

to advance the Third Reading of the Public Services Ombudsman (Wales) Bill [hl] from 

Thursday 3rd March to Wednesday 2nd March; the motion was agreed to. 

33. Railways Bill—It was moved by the Lord Davies of Oldham that it be an instruction to the Grand 

Committee to which the Railways Bill has been committed that they consider the bill in the 

following order: 











Clause 22 Clause 59; 

Schedule 7 


34. Pension Protection Fund (PPF Ombudsman) Order 2005—It was moved by the Lord President 

(Baroness Amos) that the draft Order be referred to a Grand Committee; the motion was 

agreed to. 

35. Pension Protection Fund (Pension Compensation Cap) Order 2005—It was moved by the Lord 

President (Baroness Amos) that the draft Order be referred to a Grand Committee; the motion 


36. Occupational Pension Schemes (Levies) Regulations 2005—It was moved by the Lord President 

(Baroness Amos) that the draft Regulations be referred to a Grand Committee; the motion 


37. Occupational Pension Schemes (Modification of Pension Protection Provisions) Regulations 

2005—It was moved by the Lord President (Baroness Amos) that the draft Regulations be 

referred to a Grand Committee; the motion was agreed to. 

38. Industrial Training Levy (Construction Board) Order 2005—It was moved by the Lord President 

(Baroness Amos) that the draft Order be referred to a Grand Committee; the motion was 

agreed to. 

39. Parliamentary Commissioner (Amendment) Bill [hl]—The order of commitment was discharged. 

40. Education Bill [hl]—The bill was further considered on report; amendments were agreed to; 

amendments were moved and (by leave of the House) withdrawn; amendments were disagreed 

to (see division lists 1 and 2); further consideration on report was adjourned. 

41. Licensing Act 2003 (Fees) Regulations 2005—It was moved by the Lord Clement-Jones that an 

Humble Address be presented to Her Majesty praying that the Regulations, laid before the 

House on 20th January, be annulled (S.I. 2005/79); after debate, the motion was (by leave of 

the House) withdrawn. 



42. Education Bill [hl]—The bill was further considered on report; amendments were moved and (by 

leave of the House) withdrawn; amendments were agreed to; it was ordered that the bill be 

printed as amended. (HL Bill 33) 

43. Electoral Registration (Northern Ireland) Bill [hl]—The bill was returned from the Commons 

agreed to. 

44. Royal Assent—The Lord Speaker (Lord Brougham and Vaux) notified the Queen’s Assent to the 

following Act: 

Electoral Registration (Northern Ireland) Act c. 1 

The House was adjourned at twenty-three minutes before seven o’clock 



219 

DIVISIONS 



It was moved by the Baroness Morris of Bolton to leave out Clause 66; which being objected to, the 

question was put thereupon, and the House divided: 

Contents … … … … … … 94 


Addington, L. 

Alderdice, L. 



Ampthill, L. 


Attlee, E. 

Avebury, L. 



Bowness, L. 

Bridgeman, V. 

Caithness, E. 



Colwyn, L. 

Denham, L. 

Dholakia, L. 


Dykes, L. 

Elles, B. 


Elton, L. 

Ezra, L. 

Falkland, V. 


Freeman, L. 

Garden, L. 


Geddes, L. 

Glasgow, E. 

Glentoran, L. 

Acton, L. 

Ahmed, L. 


Andrews, B. 



Bach, L. 


Berkeley, L. 


Borrie, L. 

Bragg, L. 

Bridges, L. 

Brookman, L. 


Carter, L. 

Chorley, L. 





Crawley, B. 

CONTENTS 

Goodhart, L. 

Greaves, L. 




Hooson, L. 


Howe, E. 


Kingsland, L. 





Luke, L. 

Lyell, L. 



McNally, L. 

Mancroft, L. 



Methuen, L. 




Montrose, D. 

Morris of Bolton, B. [Teller] 


Noakes, B. 

Northover, B. 


NOT-CONTENTS 


David, B. 




Dearing, L. 

Desai, L. 

Drayson, L. 

Dubs, L. 

Erroll, E. 




Filkin, L. 

Gale, B. 


Golding, B. 

Goldsmith, L. 




Harrison, L. 




Razzall, L. 

Redesdale, L. 

Renton, L. 



Roper, L. 


Sandberg, L. 








Swinfen, L. 

Taverne, L. 




TordoV, L. 




Walmsley, B. 




Haskel, L. 

Haworth, L. 

Hayman, B. 




Hoyle, L. 



Judd, L. 

Layard, L. 


Lipsey, L. 

Listowel, E. 






Marsh, L. 

Maxton, L.


2005 

Morgan, L. 



Paul, L. 

Pendry, L. 







Richard, L. 

Rooker, L. 



Sandwich, E. 


Sheldon, L. 

Simon, V. 

Slim, V. 





Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Uddin, B. 

Walpole, L. 


Warnock, B. 


Whitaker, B. 

Whitty, L. 




It was moved by the Lord Hanningfield, after Clause 69, to insert the new Clause (Abolition of 

Independent Appeals Panels); which being objected to, the question was put thereupon, and the 


Contents … … … … … … 54 




Attlee, E. 


Blaker, L. 

Bridgeman, V. 

Bridges, L. 


Caithness, E. 


Colwyn, L. 



Denham, L. 




Ferrers, E. 

Acton, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 



Andrews, B. 



Avebury, L. 

Bach, L. 


Berkeley, L. 



Borrie, L. 

Bradshaw, L. 

Bragg, L. 

Brookman, L. 


Carter, L. 

Chorley, L. 




CONTENTS 

Freeman, L. 


Geddes, L. 

Goschen, V. 



Hayhoe, L. 



Howe, E. 

Kingsland, L. 



Luke, L. 

Lyell, L. 



Mancroft, L. 

NOT-CONTENTS 




Coventry, Bp. 

Crawley, B. 

David, B. 




Dearing, L. 

Desai, L. 

Dholakia, L. 

Drayson, L. 

Dubs, L. 


Falkland, V. 




Filkin, L. 

Gale, B. 

Garden, L. 


Golding, B. 

Goldsmith, L. 




Montrose, D. 



Noakes, B. 




Renton, L. 








Goodhart, L. 




Greaves, L. 



Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 


Hooson, L. 




Hoyle, L. 




Judd, L. 



Linklater of Butterstone, B.


221 

Lipsey, L. 

Listowel, E. 







McNally, L. 

Maddock, B. 


Marsh, L. 

Maxton, L. 


Methuen, L. 


Morgan, L. 


Northover, B. 

Palmer, L. 


Pendry, L. 



Prosser, B. 



Rea, L. 

Redesdale, L. 

Richard, L. 



Rooker, L. 

Roper, L. 







Slim, V. 





Taverne, L. 





Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Uddin, B. 



Walmsley, B. 

Walpole, L. 

Warnock, B. 





APPENDIX 



Commissioners for Revenue and Customs Bill—The bill was further considered in the Grand 

Committee; amendments were moved and (by leave of the Committee) withdrawn; the 


The Committee was adjourned at one minute past seven o’clock. 

Monday 28th February 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 


Alli, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 





Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 


Bhatia, L. 




Birt, L. 


Blaker, L. 

Bledisloe, V. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 



Brookman, L. 



Burlison, L. 

Burns, L. 

Buscombe, B. 


Caithness, E. 





Carter, L. 


Chandos, V. 

Chapman, B. 

Chorley, L. 






Cockfield, L. 



Colwyn, L. 

Condon, L. 



Courtown, E. 

Coventry, Bp. 

Cox, B. 


Craigavon, V. 

Crawley, B. 

Cumberlege, B.


2005 



David, B. 




Denham, L. 

Derby, Bp. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 



Elder, L. 

Elles, B. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Fearn, L. 

Feldman, L. 

Ferrers, E. 

Filkin, L. 

Fitt, L. 

Fookes, B. 


Fowler, L. 


Freeman, L. 


Gale, B. 

Garden, L. 



Geddes, L. 


Giddens, L. 


Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 




Greenway, L. 

Gregson, L. 

Grenfell, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 





Harrison, L. 


Haskel, L. 

Haskins, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 

Higgins, L. 





Hooper, B. 

Hooson, L. 


Howe, E. 






Hoyle, L. 






Hutton, L. 

Hylton, L. 




Jones, L. 

Jopling, L. 

Jordan, L. 

Kalms, L. 


Kimball, L. 


Kingsland, L. 

Kirkham, L. 

Kirkhill, L. 


Laidlaw, L. 


Laird, L. 

Laming, L. 




Layard, L. 


Leitch, L. 


Lindsay, E. 

Lipsey, L. 

Listowel, E. 

Liverpool, E. 



Lucas, L. 

Luke, L. 

Lyell, L. 


McDonagh, B. 












McNally, L. 

Maddock, B. 


Mancroft, L. 

Mar, C. 



Marsh, L. 




Maxton, L. 






Mitchell, L. 


Monson, L. 

Montrose, D. 

Morgan, L. 





Moynihan, L. 

Murphy, B. 


Naseby, L. 


Neuberger, B. 

Newby, L. 


Nicol, B. 

Noakes, B. 



Northesk, E. 

Northover, B. 


Onslow, E. 


Ouseley, L. 

Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 


Patten, L. 

Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 


Pitkeathley, B.


223 


Plumb, L. 




Quinton, L. 

Quirk, L. 

Radice, L. 



Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 


Richard, L. 


Rix, L. 






Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 







Sandberg, L. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Sewel, L. 



Sheldon, L. 


Simon, V. 


Skidelsky, L. 

Slim, V. 



Snape, L. 




Stewartby, L. 



Strabolgi, L. 



Swinfen, L. 


Taverne, L. 



Tebbit, L. 

Tenby, V. 

Thatcher, B. 





Thornton, B. 

Tombs, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 






Walmsley, B. 

Walpole, L. 

Warnock, B. 



Waverley, V. 



Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 





Winston, L. 

Wolfson, L. 




PRAYERS were read by the Lord Bishop of Derby. 

1. Leave of Absence—Leave of absence was granted to the Lord Chancellor for Tuesday 1st March. 


2. Standard Commercial Property Securities Limited and others (Respondents) v. Glasgow City 

Council (Appellants) (Scotland)—The appeal of Glasgow City Council was presented and it 

was ordered that in accordance with Standing Order VI the statement and appendix thereto 

be lodged on or before 11th April. 

3. Kinane (Respondent) v. Mackie-Conteh (Petitioner) and others—The petition of Alimamy 

Mackie-Conteh praying for leave to appeal was presented and referred to an Appeal 

Committee. 

4. Osmani (FC) (Petitioner) v. London Borough of Camden (Respondents)—The petition of Naser 

Osmani praying for leave to appeal notwithstanding that the time limited by Standing Order 

II has expired was presented and referred to an Appeal Committee. The petitioner’s certificate 


Papers 

5. Command Paper—The following paper, having been presented to the House by command of Her 

Majesty on the date shown, was ordered to lie on the Table: 

Pay—Report on the National Minimum Wage for 2005 of the Low Pay Commission. (25th 

February) (6475)


2005 

6. Statutory Instruments (Standing Order 71)—The following statutory instruments, having been 

laid before the House on 25th February, were ordered to lie on the Table: 

1. Income-related Benefits (Subsidy to Authorities) Amendment Order 2005, laid under the 

Social Security Administration Act 1992; (369) 

2. Road TraYc (Permitted Parking Area and Special Parking Area) (Borough of Thurrock) 

Order 2005, laid under the Road TraYc Act 1991; (370) 

3. Electricity (Fuel Mix Disclosure) Regulations 2005, laid under the European 


4. Sea Fishing (Restriction on Days at Sea) Order 2005, laid under the Fisheries Act 1981. 

(393) 



Draft Remand in Custody (EVect of Concurrent and Consecutive Sentences of Imprisonment) 

Rules 2005, laid under the Criminal Justice Act 2003, together with an Explanatory 

Memorandum. 


on the Table: 

1. Education (Information as to Provision of Education) (England) (Amendment) 

Regulations 2005, laid under the Education Act 1996; (346) 

2. Civil Procedure (Amendment) Rules 2005, laid under the Civil Procedure Act 1997; 

(352) 

3. (i) Road TraYc (Permitted Parking Area and Special Parking Area) (City of Coventry) 

Order 2005— (378) 

(ii) Road TraYc (Permitted Parking Area and Special Parking Area) (Borough of 

Torbay) Order 2005— (387) 

(iii) Road TraYc (Permitted Parking Area and Special Parking Area) (County of Surrey) 

(Borough of Epsom and Ewell) Order 2005— (388) 

laid under the Road TraYc Act 1991; 

4. Tractor etc (EC Type-Approval) Regulations 2005, laid under the European 

Communities Act 1972. (390) 



1. Accounts for 1st April 2004 to 9th January 2005 of the Peterlee Education Action Zone, 

laid under the School Standards and Framework Act 1998, together with the Report of 

the Comptroller and Auditor General; 

2. Accounts for 1st April 2004 to 30th November 2004 of the Southend Education Action 

Zone, laid under the School Standards and Framework Act 1998, together with the 


3. Accounts for 2003–04 of the National Biological Standards Board, laid under the 

Biological Standards Act 1975, together with the Report of the Comptroller and Auditor 

General; 

4. Accounts for 2003–04 of the Imperial War Museum, laid under the Museums and 

Galleries Act 1992, together with the Report of the Comptroller and Auditor General; 

5. Accounts for 2003–04 of the Marine and Aviation Insurance (War Risks) Fund, laid 

under the Marine and Aviation (War Risks) Act 1952, together with the Report of the 


6. Accounts for 2003–04 of the Severn Bridge, laid under the Severn Bridges Act 1992, 

together with the Report of the Comptroller and Auditor General. 


10. European Union—The 6th Report from the Select Committee, The Future Financing of the 

European Union, was made and ordered to be printed, together with the Minutes of Evidence. 

(HL Paper 62) 




Prevention of Terrorism Bill; 

Gambling Bill—Government response. (HL Paper 63)


225 


12. Business of the House—It was moved by the Lord President (Baroness Amos) that the following 

Unstarred Question be referred to a Grand Committee— 

The Earl Attlee—To ask Her Majesty’s Government whether, in order to reduce tax and 

duty evasion, H M Customs and Excise have determined the feasibility of requiring all 

heavy goods vehicles leaving Great Britain to do so with a nearly full tank of fuel; 


13. International Organisations Bill [hl]—The bill was read a third time; a privilege amendment was 

agreed to and, after debate, the bill was passed and sent to the Commons. 

14. Inquiries Bill [hl]—The bill was read a third time; amendments were agreed to (see division lists 

1 and 2); amendments were agreed to; amendments were moved and (by leave of the House) 

withdrawn; an amendment was moved and, on question, tellers for the Contents not having 

been appointed, the amendment was disagreed to pursuant to Standing Order 54; a privilege 

amendment was agreed to; the bill was passed and sent to the Commons. 

15. Disability Discrimination Bill [hl]—The Queen’s consent was signified; the bill was read a third 

time; amendments were agreed to; amendments were moved and (by leave of the House) 

withdrawn; an amendment was disagreed to (see division list 3); a privilege amendment was 

agreed to; the bill was passed and sent to the Commons. 

16. Child Support (Miscellaneous Amendments) Regulations 2005—It was moved by the Baroness 

Hollis of Heigham that the draft Regulations laid before the House on 2nd February be 


17. Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 


the House on 26th January be approved; after debate, the motion was agreed to. 

18. Social Security (Inherited SERPS) (Amendment) Regulations 2005—It was moved by the 

Baroness Hollis of Heigham that the draft Regulations laid before the House on 31st January 


19. Social Security (Intensive Activity Period 50 to 59 Pilot) Regulations 2005—It was moved by the 

Baroness Hollis of Heigham that the draft Regulations laid before the House on 2nd February 


20. Social Security (Intensive Activity Period 50 to 59 Pilot) (No. 2) Regulations 2005—It was moved 

by the Baroness Hollis of Heigham that the draft Regulations laid before the House on 2nd 

February be approved; the motion was agreed to. 

21. Tax Credits Up-rating Regulations 2005—It was moved by the Lord McIntosh of Haringey that 

the draft Regulations laid before the House on 31st January be approved; after debate, the 


22. Child Benefit and Guardian’s Allowance Up-rating Order 2005—It was moved by the Lord 

McIntosh of Haringey that the draft Order laid before the House on 31st January be 


23. Child Benefit and Guardian’s Allowance Up-rating (Northern Ireland) Order 2005—It was moved 

by the Lord McIntosh of Haringey that the draft Order laid before the House on 31st January 

be approved; the motion was agreed to. 

The House was adjourned at seventeen minutes before nine o’clock 


DIVISIONS 

INQURIES BILL [HL] 


It was moved by the Lord Kingsland, after Clause 6, to insert the new Clause (Inquiries where ministerial 

misconduct in issue); which being objected to, the question was put thereupon, and the House divided: 

Contents … … … … … … 137 


Ackner, L. 

Addington, L. 


CONTENTS 

Ampthill, L. 


Astor, V. 


Attlee, E. 

Avebury, L.


2005 



Blaker, L. 


Bowness, L. 

Bradshaw, L. 



Colwyn, L. 


Cox, B. 

Craigavon, V. 


Denham, L. 

Derby, Bp. 

Dholakia, L. 



Dykes, L. 



Elton, L. 

Erroll, E. 


Fearn, L. 

Feldman, L. 

Fookes, B. 

Fowler, L. 

Garden, L. 


Geddes, L. 


Glentoran, L. 

Goodhart, L. [Teller] 

Goschen, V. 

Hamwee, B. 

Hanham, B. 



Higgins, L. 


Howe, E. 


Acton, L. 

Ahmed, L. 


Alli, L. 


Andrews, B. 



Bach, L. 

Barnett, L. 


Berkeley, L. 



Bledisloe, V. 

Borrie, L. 


Brookman, L. 

Burlison, L. 


Carter, L. 

Chorley, L. 







Jopling, L. 

Kimball, L. 

Kingsland, L. 

Kirkham, L. 



Liverpool, E. 


Luke, L. 

Lyell, L. 






McNally, L. 

Mar, C. 






Monson, L. 

Montrose, D. 




Naseby, L. 


Neuberger, B. 

Noakes, B. 

Northesk, E. 

Northover, B. 



Patten, L. 

Peel, E. 


Plumb, L. 

NOT-CONTENTS 


Condon, L. 


Crawley, B. 


David, B. 




Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 


[Teller] 





Filkin, L. 


Gale, B. 


Quinton, L. 

Redesdale, L. 

Rees-Mogg, L. 

Rennard, L. 

Renton, L. 




Roper, L. 




Sandberg, L. 







Slim, V. 



Stewartby, L. 



Swinfen, L. 

Taverne, L. 

Tebbit, L. 

Thatcher, B. 




Tope, L. 

TordoV, L. 

Trenchard, V. 




Walmsley, B. 




Giddens, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 



Gregson, L. 



Harrison, L. 


Haskel, L. 

Haworth, L. 





Hoyle, L. 





Janner of Braunstone, L.


227 

Jones, L. 

Jordan, L. 

Laming, L. 


Leitch, L. 

Lipsey, L. 

Listowel, E. 







Marsh, L. 



Maxton, L. 


Mitchell, L. 

Morgan, L. 



Murphy, B. 

Nicol, B. 

Ouseley, L. 

Palmer, L. 

Pendry, L. 


Radice, L. 



Rooker, L. 

Rosser, L. 

Rowlands, L. 




Sheldon, L. 

Simon, V. 

Snape, L. 


Strabolgi, L. 



Tenby, V. 

Thornton, B. 

Triesman, L. 

Truscott, L. 



Uddin, B. 


Walpole, L. 

Warnock, B. 


Whitaker, B. 

Wilkins, B. 


Winston, L. 



It was moved by the Lord Goodhart, in Clause 10, page 4, line 14, to leave out “first consult” and insert 

“obtain the consent to that appointment of”; which being objected to, the question was put thereupon, 

and the House divided: 

Contents … … … … … … 149 


Ackner, L. 

Addington, L. 


Ampthill, L. 


Astor, V. 


Attlee, E. 

Avebury, L. 


Barker, B. 


Blaker, L. 

Bledisloe, V. 


Bowness, L. 

Bradshaw, L. 


Buscombe, B. 



Colwyn, L. 

Condon, L. 


Craigavon, V. 



Denham, L. 

Derby, Bp. 

Dholakia, L. 



Dykes, L. 



Elton, L. 

Erroll, E. 


CONTENTS 

Fearn, L. 

Feldman, L. 

Fookes, B. 

Fowler, L. 

Garden, L. 


Geddes, L. 

Glentoran, L. 

Goodhart, L. 

Goschen, V. 

Greenway, L. 

Hamwee, B. 

Hanham, B. 



Higgins, L. 


Hooson, L. 

Howe, E. 



Hutton, L. 


Jopling, L. 

Kimball, L. 

Kingsland, L. 



Lindsay, E. 

Listowel, E. 

Liverpool, E. 


Luke, L. 

Lyell, L. 







McNally, L. 


Mancroft, L. 

Mar, C. 







Montrose, D. 



Moynihan, L. 


Naseby, L. 


Neuberger, B. 


Noakes, B. 

Northesk, E. 

Northover, B. 

Onslow, E. 



Patten, L. 

Peel, E. 


Plumb, L. 

Quinton, L. 

Reay, L. 

Redesdale, L. 

Rees-Mogg, L. 

Rennard, L. 

Renton, L. 

Roberts of Conwy, L.


2005 



Roper, L. [Teller] 





Sandberg, L. 





Acton, L. 

Ahmed, L. 


Alli, L. 


Andrews, B. 




Bach, L. 

Barnett, L. 


Berkeley, L. 



Borrie, L. 

Bragg, L. 


Brookman, L. 

Burlison, L. 


Carter, L. 


Chorley, L. 







Crawley, B. 

David, B. 




Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 


[Teller] 





Slim, V. 


Stewartby, L. 

Swinfen, L. 

Taverne, L. 

Tebbit, L. 

Thatcher, B. 




NOT-CONTENTS 



Filkin, L. 


Gale, B. 


Giddens, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 



Gregson, L. 

Grenfell, L. 



Harrison, L. 


Haskel, L. 

Haskins, L. 

Haworth, L. 






Hoyle, L. 





Jones, L. 

Jordan, L. 

Laming, L. 


Leitch, L. 

Lipsey, L. 







Marsh, L. 

Tope, L. 

TordoV, L. 

Trenchard, V. 




Walmsley, B. 

Warnock, B. 






Maxton, L. 


Mitchell, L. 

Morgan, L. 



Murphy, B. 

Nicol, B. 

Palmer, L. 

Pendry, L. 



Radice, L. 




Rooker, L. 

Rosser, L. 

Rowlands, L. 




Sheldon, L. 

Simon, V. 

Snape, L. 


Strabolgi, L. 


Tenby, V. 

Thornton, B. 

Triesman, L. 

Truscott, L. 



Uddin, B. 


Walpole, L. 

Whitaker, B. 

Whitty, L. 

Wilkins, B. 



DISABILITY DISCRIMINATION BILL [HL] 


It was moved by the Lord Higgins, as an amendment to amendment 6, in line 4, to leave out from 

“vehicle” to end of line 6; which being objected to, the question was put thereupon, and the House 

divided: 

Contents … … … … … … 118 



229 

Addington, L. [Teller] 


Astor, V. 


Attlee, E. 

Barker, B. 


Blaker, L. 


Bradshaw, L. 

Bridgeman, V. 



Buscombe, B. 



Colwyn, L. 


Courtown, E. 

Denham, L. 

Dholakia, L. 


Dykes, L. 


Elles, B. 

Elton, L. 


Fearn, L. 

Ferrers, E. 

Fookes, B. 

Fowler, L. 

Freeman, L. 

Garden, L. 


Glentoran, L. 

Goodhart, L. 

Hamwee, B. 


Higgins, L. 


Acton, L. 

Ahmed, L. 



Andrews, B. 




Bach, L. 

Barnett, L. 


Berkeley, L. 

Borrie, L. 


Brookman, L. 

Burlison, L. 


Carter, L. 








CONTENTS 

Hooper, B. 

Hooson, L. 

Howe, E. 





Jopling, L. 

Kalms, L. 

Kimball, L. 

Kingsland, L. 

Laidlaw, L. 


Lindsay, E. 

Liverpool, E. 


Luke, L. 

Lyell, L. 




McNally, L. 

Maddock, B. 

Mancroft, L. 

Mar, C. 





Moynihan, L. 


Naseby, L. 

Neuberger, B. 

Newby, L. 



Northesk, E. 


Onslow, E. 


NOT-CONTENTS 


Crawley, B. 



Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 



[Teller] 



Filkin, L. 


Gale, B. 


Giddens, L. 

Golding, B. 

Goldsmith, L. 

Goudie, B. 




Harrison, L. 

Patten, L. 


Plumb, L. 


Quinton, L. 

Razzall, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rennard, L. 

Renton, L. 



Roper, L. 


Sandberg, L. 







Skidelsky, L. 


Stewartby, L. 

Tebbit, L. 

Thatcher, B. 




TordoV, L. 

Trefgarne, L. 

Trenchard, V. 



Walmsley, B. 


Wolfson, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 





Hoyle, L. 




Jones, L. 

Jordan, L. 



Kirkhill, L. 

Layard, L. 


Leitch, L. 

Listowel, E. 


McDonagh, B. 

Macdonald of Tradeston, L.

230 28th February-1st March 

2005 







Maxton, L. 


Mitchell, L. 

Monson, L. 



Pendry, L. 



Radice, L. 





Rooker, L. 

Rosser, L. 

Rowlands, L. 


Sawyer, L. 


Sheldon, L. 

Simon, V. 

Snape, L. 



Tenby, V. 

Thornton, B. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Walpole, L. 


Whitaker, B. 

Whitty, L. 

Wilkins, B. 





APPENDIX 



Railways Bill—The bill was considered in the Grand Committee; amendments were moved and (by 

leave of the Committee) withdrawn; the Committee was adjourned after clause 4 stood part. 

The Committee was adjourned at twenty-three minutes before eight o’clock. 

Tuesday 1st March 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 


Alliance, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 




Ashcroft, L. 




Attlee, E. 

Avebury, L. 

Bach, L. 

Bagri, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 


Best, L. 

Bhatia, L. 


Birt, L. 


Bledisloe, V. 



Blood, B. 


Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 

Briggs, L. 





Brookman, L. 



Burlison, L. 

Burns, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 







Carter, L. 



Chapman, B. 

Chorley, L. 






Cockfield, L. 



Colwyn, L. 



Courtown, E. 

Coventry, Bp. 

Cox, B. 


Craigavon, V. 

Crawley, B. 




David, B. 





Dearing, L. 

Denham, L. 

Derby, Bp. 

Desai, L. 

Dholakia, L. 

Dixon, L.

2005 1st March 

231 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eames, L. 

Eatwell, L. 


Elder, L. 

Elles, B. 


Elton, L. 

Erroll, E. 



Falkland, V. 




Fellowes, L. 

Ferrers, E. 

Filkin, L. 


Fitt, L. 

Flowers, L. 

Fookes, B. 


Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 



Geddes, L. 


Giddens, L. 



Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 





Greenway, L. 

Gregson, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 






Harrison, L. 


Haskel, L. 

Haskins, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Higgins, L. 



HoVmann, L. 

Hogg, B. 




Hooper, B. 

Hooson, L. 



Howe, E. 






Hoyle, L. 






Hylton, L. 

Imbert, L. 

Inglewood, L. 




JoVe, L. 

Jones, L. 

Jopling, L. 

Kalms, L. 



Kimball, L. 



Kingsdown, L. 

Kingsland, L. 

Kirkhill, L. 


Laird, L. 



Layard, L. 


Leitch, L. 

Levene of Portsoken, L. 

Levy, L. 


Lindsay, E. 


Lipsey, L. 

Listowel, E. 

Liverpool, E. 



Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 


McDonagh, B. 











McNally, L. 

Maddock, B. 


Mallalieu, B. 

Mancroft, L. 

Mar, C. 


Marsh, L. 




Maxton, L. 



Methuen, L. 




Mitchell, L. 


Monson, L. 

Montrose, D. 

Morgan, L. 




Moser, L. 


Moynihan, L. 

Murphy, B. 

Naseby, L. 


Neuberger, B. 

Newby, L. 





Nicol, B. 

Noakes, B. 



Northesk, E. 

Northover, B. 





Onslow, E. 


Ouseley, L. 

Palmer, L. 

Parekh, L. 


Patten, L. 

Paul, L. 

Pearson of Rannoch, L.

232 1st March 

2005 


Peston, L. 







Plumb, L. 



Prashar, B. 


Quinton, L. 

Quirk, L. 

Radice, L. 


Rana, L. 


Rawlings, B. 


Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 



Rennard, L. 

Renton, L. 

Rix, L. 







Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 







Sandberg, L. 


Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 



Sheldon, L. 


Simon, V. 


Skidelsky, L. 

Slim, V. 




Snape, L. 




Stewartby, L. 



Strabolgi, L. 



Swinfen, L. 

Taverne, L. 



Tenby, V. 

Thatcher, B. 





Thornton, B. 

Tombs, L. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 






Walmsley, B. 

Walpole, L. 

Warner, L. 

Warnock, B. 



Waverley, V. 



Whitaker, B. 

Wilcox, B. 

Wilkins, B. 





Winston, L. 








1. R v. May (Petitioner)—The petition of Raymond George May praying for leave to appeal in 


Committee. 




April (the agents for the respondents consenting thereto) was presented; and it was ordered 

as prayed. 

Papers 



Draft Community Interest Company Regulations 2005, laid under the Companies (Audit, 

Investigations and Community Enterprise) Act 2004, together with an Explanatory 

Memorandum.


233 


on the Table: 

1. Plastic Materials and Articles in Contact with Food (Amendment) (England) 

Regulations 2005, laid under the Food Safety Act 1990; (325) 

2. (i) General Medical Council (Registration Appeals Panels Procedure) Rules Order of 

Council 2005— (400) 

(ii) General Medical Council (Fraud or Error in relation to Registration) Rules Order of 

Council 2005— (401) 

(iii) General Medical Council (Constitution of Panels and Investigation Committee) 

(Amendment) Rules Order of Council 2005— (402) 

laid under the Medical Act 1983; 

3. Production of Bovine Collagen Intended for Human Consumption in the United 

Kingdom (England) Regulations 2005, laid under the European Communities Act 1972; 

(404) 

4. Police (Northern Ireland) Act 2000 (Continuance of OYce of Commissioner) Order 2005, 

laid under the Police (Northern Ireland) Act 2000. (—) 



Report of a Call-Out Order of Members of the Reserve Forces, laid under the Reserve Forces 

Act 1996. 




Draft Courts Act 2003 (Consequential Provisions) Order 2005; 

Draft Employment Zones (Allocation to Contractors) Pilot Regulations 2005; 

Draft Financial Services and Markets Act 2000 (Carrying on Regulated Activities by 

Way of Business) (Amendment) Order 2005; 

Draft Immigration and Asylum (Provision of Accommodation to Failed Asylum- 

Seekers) Regulations 2005; 

Draft Immigration (Leave to Enter and Remain) (Amendment) Order 2005; 

Draft Non-Domestic Rating (Chargeable Amounts) (England) (Amendment) 


Draft Opticians Act 1989 (Amendment) Order 2005; 

Draft Social Security Commissioners (Procedure) (Amendment) Regulations 2005; 

Draft Water Fluoridation (Consultation) (England) Regulations 2005; 

Draft Water Supply (Fluoridation Indemnities) (England) Regulations 2005; 




11th Report, on the following aYrmative instrument: 

Draft Town and Country Planning (Fees for Applications and Deemed Applications) 

(Amendment) (England) Regulations 2005; 

and on the following negative instrument: 

Town and Country Planning (Temporary Stop Notice) (England) Regulations 

2005. (HL Paper 67) 


8. Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005—The 

Report by the Chairman of Committees and the Chairman of Ways and Means in the House 

of Commons pursuant to section 3(5) of the Statutory Orders (Special Procedure) Act 1945, 

that no Petitions had been presented against the Midland Metro (Wednesbury to Brierley Hill 

and Miscellaneous Amendments) Order 2005, was laid before the House and ordered to lie on 

the Table.

234 1st March 

2005 


9. Prevention of Terrorism Bill—A bill to provide for the making against individuals involved in 

terrorism-related activity of orders imposing obligations on them for purposes connected with 

preventing or restricting their further involvement in such activity; to make provision about 

appeals and other proceedings relating to such orders; and for connected purposes, having 

been brought from the Commons on Monday 28th February and printed pursuant to 

Standing Order 51, was read a first time. (HL Bill 34) 

10. Prevention of Terrorism Bill—The Explanatory Notes relating to the bill were printed pursuant to 

Standing Order 51. (HL Bill 34-EN) 


47 (No two stages of a Bill to be taken on one day) be dispensed with today to allow the 

Prevention of Terrorism Bill to be read a second time; the motion was agreed to. 

12. Gambling Bill—It was moved by the Lord McIntosh of Haringey that it be an instruction to the 

Committee of the Whole House to which the Gambling Bill has been committed that they 

consider the bill in the following order: 


















Schedule 9 


13. Prevention of Terrorism Bill—It was moved by the Lord Falconer of Thoroton, on behalf of the 

Baroness Scotland of Asthal, that the bill be now read a second time; after debate, the motion 

was agreed to and the bill was committed to a Committee of the Whole House. 

14. Industrial Training Levy (Construction Board) Order 2005—The Grand Committee reported that 

it had considered the draft Order. 

15. Pension Protection Fund (PPF Ombudsman) Order 2005—The Grand Committee reported that 

it had considered the draft Order. 

16. Pension Protection Fund (Pension Compensation Cap) Order 2005—The Grand Committee 

reported that it had considered the draft Order. 


2005—The Grand Committee reported that it had considered the draft Regulations. 

18. Occupational Pension Schemes (Levies) Regulations 2005—The Grand Committee reported that 

it had considered the draft Regulations. 

19. Regulatory Reform (Prison OYcers) (Industrial Action) Order 2005—It was moved by the Lord 

Bassam of Brighton, on behalf of the Baroness Scotland of Asthal, that the draft Regulatory 

Reform Order laid before the House on 17th January be approved; the motion was agreed to. 

The House was adjourned at twenty-six minutes past ten o’clock 


APPENDIX 



Industrial Training Levy (Construction Board) Order 2005—It was moved by the Lord Triesman, on 

behalf of the Lord Filkin, that the Grand Committee do report to the House that it has considered 

the draft Industrial Training Levy (Construction Board) Order 2005; after debate, the motion was 

agreed to.

2005 1st-2nd March 

235 

Pension Protection Fund (PPF Ombudsman) Order 2005—It was moved by the Baroness Hollis of 

Heigham that the Grand Committee do report to the House that it has considered the draft Pension 

Protection Fund (PPF Ombudsman) Order 2005; after debate, the motion was agreed to. 

Pension Protection Fund (Pension Compensation Cap) Order 2005—It was moved by the Baroness 

Hollis of Heigham that the Grand Committee do report to the House that it has considered the 

draft Pension Protection Fund (Pension Compensation Cap) Order 2005; the motion was agreed 

to. 

Occupational Pension Schemes (Modification of Pension Protection Provisions) Regulations 2005—It 

was moved by the Baroness Hollis of Heigham that the Grand Committee do report to the House 

that it has considered the draft Occupational Pension Schemes (Modification of Pension Protection 

Provisions) Regulations 2005; the motion was agreed to. 

Occupational Pension Schemes (Levies) Regulations 2005—It was moved by the Baroness Hollis of 

Heigham that the Grand Committee do report to the House that it has considered the draft 

Occupational Pension Schemes (Levies) Regulations 2005; the motion was agreed to. 

H M Customs and Excise: heavy goods vehicles—The Earl Attlee asked Her Majesty’s Government 

whether, in order to reduce tax and duty evasion, H M Customs and Excise have determined the 

feasibility of requiring all heavy goods vehicles leaving Great Britain to do so with a nearly full tank 

of fuel; after debate, the question was answered by the Lord Davies of Oldham. 

The Committee was adjourned at twenty-three minutes before six o’clock. 

Wednesday 2nd March 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 


Alli, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 



Ashcroft, L. 




Attlee, E. 

Avebury, L. 

Bach, L. 

Bagri, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 


Best, L. 

Bhatia, L. 

BiVen, L. 


Birt, L. 


Blackwell, L. 

Blaker, L. 

Bledisloe, V. 



Blood, B. 


Boothroyd, B. 

Borrie, L. 



Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 



Brookman, L. 



Burlison, L. 

Burns, L. 

Buscombe, B. 

Byford, B. 






Carter, L. 


Chan, L. 

Chandos, V. 

Chapman, B. 

Chorley, L. 






Cockfield, L. 



Colwyn, L. 



Courtown, E. 

Cox, B. 


Craigavon, V. 

Crawley, B. 




David, B. 





Dearing, L. 

Denham, L. 

Derby, Bp. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eames, L. 

Eatwell, L. 

Eccles of Moulton, B.

236 2nd March 

2005 

Elder, L. 

Elles, B. 


Elton, L. 

Erroll, E. 



Falkender, B. 

Falkland, V. 




Fellowes, L. 

Ferrers, E. 

Filkin, L. 

Fitt, L. 

Flather, B. 

Fookes, B. 


Fowler, L. 


Freeman, L. 


Gale, B. 

Garden, L. 


Geddes, L. 

George, L. 


Giddens, L. 

Gilbert, L. 



Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goudie, B. 




Greaves, L. 


Greenway, L. 

Gregson, L. 

Grenfell, L. 

GriYths, L. 


Grocott, L. 

Hamwee, B. 





Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 

Henley, L. 






Hooper, B. 

Hooson, L. 



Howe, E. 






Hoyle, L. 






Hylton, L. 

Inglewood, L. 



Jellicoe, E. 


Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 


Kimball, L. 



Kingsland, L. 

Kirkhill, L. 


Laidlaw, L. 

Laird, L. 



Layard, L. 


Leitch, L. 


Levy, L. 


Lipsey, L. 

Listowel, E. 

Liverpool, E. 


Lockwood, B. 


Luke, L. 

Lyell, L. 

McCluskey, L. 


McDonagh, B. 











McNally, L. 

Maddock, B. 




Marsh, L. 




Maxton, L. 



Methuen, L. 




Mitchell, L. 


Monson, L. 

Montrose, D. 

Moran, L. 





Moser, L. 


Moynihan, L. 

Murphy, B. 


Naseby, L. 

Neuberger, B. 

Newby, L. 


Nicol, B. 

Noakes, B. 



Northesk, E. 

Northover, B. 




Onslow, E. 

Ouseley, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 


Patten, L. 

Paul, L. 


Pendry, L. 

Peston, L. 









Prashar, B. 


Quinton, L. 

Quirk, L. 

Radice, L. 



Rawlings, B. 


Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L.

2005 2nd March 

237 


Rennard, L. 

Renton, L. 


Richard, L. 




Rogan, L. 


Roper, L. 

Rosser, L. 


Rowlands, L. 








Sandberg, L. 


Sandwich, E. 

Sawyer, L. 


Seccombe, B. 

Selborne, E. 

Selsdon, L. 



Sheldon, L. 


Simon, V. 

Simon of Highbury, L. 


Skidelsky, L. 

Slim, V. 



Snape, L. 




Stewartby, L. 


Strabolgi, L. 



Swinfen, L. 

Tanlaw, L. 

Taverne, L. 


Tenby, V. 





Thornton, B. 

Tombs, L. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 






Walmsley, B. 

Walpole, L. 

Warner, L. 

Warnock, B. 


Waverley, V. 



Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 









1. Barony of Burnham in the Peerage of the United Kingdom—The Petition of Harry Frederick Alan 

Lawson claiming to have succeeded to the Barony of Burnham in the Peerage of the United 

Kingdom and praying that the Clerk of the Parliaments might be directed to enter the 

petitioner as the Lord Burnham on his register of hereditary peers maintained under Standing 




2. R (on the application of Hammond) (Respondent) v. Secretary of State for the Home Department 

(Appellant) (England)—The appeal of the Secretary of State for the Home Department was 




Council and others (Appellants) (Scotland)—The appeal of Atlas Investments Limited was 



4. Jameel and others (Respondents) v. Wall Street Journal Europe Sprl (Petitioners)—The petition 

of Wall Street Journal Europe Sprl praying for leave to appeal was presented and referred to 

an Appeal Committee. 

5. Roberts (FC) (Appellant) v. Parole Board (Respondents)—The petition of Roger Smith, Director 

of Justice for and on behalf of the Executive Board and Members of Justice and Justice 

praying for leave to intervene in the said appeal was presented and referred to an Appeal 

Committee. 

6. Brown (Appellant) v. Scottish Ministers (Respondents) (Scotland)—The appeal was set down for 

hearing and referred to an Appellate Committee.

238 2nd March 

2005 


(Appellants) and others—It was ordered that the appellants be allowed to prosecute the 

appeal without giving the usual security for costs as required by Standing Order. 



Regina v. Camberwell Green Youth Court (Respondents) ex parte Director of Public 

Prosecutions (Respondent) (AE and another (by her mother and litigation friend) (FC) 

(Petitioner) (Interested parties))—That leave to appeal be refused and that the costs of the 

petitioner be taxed in accordance with the Access to Justice Act 1999. 

Regina v. Camberwell Green Youth Court (Respondents) ex parte N (a minor) (by his mother 

and litigation friend) (FC) (Petitioner)—That leave to appeal be refused and that the costs of 

the petitioner be taxed in accordance with the Access to Justice Act 1999. 

Regina v. Camberwell Green Youth Court (Respondents) ex parte Director of Public 

Prosecutions (Respondent) (I (by his litigation friend) (FC) (Petitioner) (Interested party))— 

That leave to appeal be refused and that the costs of the petitioner be taxed in accordance with 

the Access to Justice Act 1999. 

Papers 



1. Media— 

(i) Government Response to the Report of the House of Commons Culture, Media and 

Sport Select Committee on a public BBC; (6474) 

(ii) Review of the BBC’s Royal Charter: A strong BBC, independent of government: 

Government Consultation Document; (—) 

2. Cultural Activities—Agreement between the United Kingdom and Armenia on the 

Establishment and Activities of Cultural Centres; (6480) 

3. Human Rights—European Agreement relating to Persons Participating in Proceedings 

of the European Court of Human Rights. (6482) 



1. (i) Draft Restriction on the Preparation of Adoption Reports Regulations 2005, 


(ii) Draft Suitability of Adopters Regulations 2005, together with an Explanatory 

Memorandum— 

laid under the Adoption and Children Act 2002; 

2. Draft Local Government (Northern Ireland) Order 2005, laid under the Northern Ireland 

Act 2000, together with an Explanatory Memorandum. 


on the Table: 

1. (i) Rail Vehicle Accessibility (Virgin West Coast Class 390) Exemption Order 2005— 

(329) 

(ii) Rail Vehicle Accessibility (Croydon Tramlink Class CR4000 Vehicles) Exemption 

(Amendment) Order 2005— (395) 

laid under the Disability Discrimination Act 1995; 

2. (i) Adoption Agencies Regulations 2005— (389) 

(ii) Adoptions with a Foreign Element Regulations 2005— (392) 

laid under the Adoption and Children Act 2002;


239 

3. Family Proceedings (Amendment No. 2) Rules 2005, laid under the Matrimonial and 

Family Proceedings Act 1984; (412) 

4. Family Proceedings Courts (Children Act 1989) (Amendment No. 2) Rules 2005, laid 

under the Magistrates’ Courts Act 1980; (413) 

5. Environmental Protection (Waste Recycling Payments) (England) (Amendment) 

Regulations 2005, laid under the Environmental Protection Act 1990; (415) 

6. Crime (International Co-operation) Act 2003 (Exercise of Functions) Order 2005, laid 

under the Crime (International Co-operation) Act 2003; (425) 

7. Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005, 

laid under the Pensions Act 2004. (441) 



Report for 2003–04 of the StaV Commission for Education and Library Boards, laid under the 

Northern Ireland Act 2000. 


13. Constitution Committee—The following reports from the Select Committee were made and 


2nd Report, on the Prevention of Terrorism Bill; (HL Paper 66) 

3rd Report, on the Serious Organised Crime and Police Bill. (HL Paper 65) 

14. Human Rights—The following reports from the Joint Committee were made and ordered to be 

printed: 

Prevention of Terrorism Bill, together with an appendix. (10th Report-HL Paper 68) 

Government Response to the Third Report from the Joint Committee, Deaths in Custody, 

together with an appendix. (11th Report-HL Paper 69) 

15. Refreshment—The First Report of the Refreshment Committee was made and ordered to be 

printed (see appendix 2). (HL Paper 70) 


16. Constitutional Reform Bill [hl]—The bill was returned from the Commons agreed to with 

amendments and with a privilege amendment; it was ordered that the Commons amendments 

be printed. (HL Bill 35) 

17. Children (Contact) and Adoption Bill, Draft—It was moved by the Chairman of Committees that 

the Baroness Morgan of Drefelin be appointed a member of the Select Committee in place of 

the Baroness Massey of Darwen; the motion was agreed to. 

18. BBC Charter—It was moved by the Chairman of Committees that a Select Committee be 

appointed to consider and report on the review of the BBC Charter; 


Committee: 

L. Armstrong of Ilminster L. Kalms 

B. Bonham-Carter of Yarnbury L. King of Bridgwater 

L. Fowler (Chairman) Bp. Manchester 

B. Gibson of Market Rasen L. Maxton 

L. Holme of Cheltenham L. Peston 

B. Howe of Idlicote B. O’Neill of Bengarve; 





That the Committee do meet on Tuesday 8th March; 


240 2nd March 

2005 

19. Industrial Training Levy (Construction Board) Order 2005—It was moved by the Lord Triesman, 

on behalf of the Lord Filkin, that the draft Order laid before the House on 10th January be 


20. Pension Protection Fund (PPF Ombudsman) Order 2005—It was moved by the Baroness Hollis 

of Heigham that the draft Order laid before the House on 31st January be approved; the 


21. Pension Protection Fund (Pension Compensation Cap) Order 2005—It was moved by the 

Baroness Hollis of Heigham that the draft Order laid before the House on 31st January be 




the House on 9th February be approved; the motion was agreed to. 

23. Occupational Pension Schemes (Levies) Regulations 2005—It was moved by the Baroness Hollis 

of Heigham that the draft Regulations laid before the House on 9th February be approved; 


24. Public Services Ombudsman (Wales) Bill [hl]—The bill was read a third time; a privilege 

amendment was agreed to and the bill was passed and sent to the Commons. 

25. Education Bill [hl]—The bill was read a third time; amendments were agreed to; amendments were 

agreed to (see division lists 1 and 2); amendments were moved and (by leave of the House) 

withdrawn; an amendment was disagreed to (see division list 3); a privilege amendment was 

agreed to; then the bill was passed and sent to the Commons. 

26. Commissioners for Revenue and Customs Bill—The bill was reported from the Grand Committee 

without amendment. 

27. Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2005—It was moved by the 

Baroness Farrington of Ribbleton that the draft Order laid before the House on 20th January 

be approved; then it was moved by the Lord Smith of Clifton, as an amendment thereto, at 

end to insert “but this House regrets that Her Majesty’s Government did not take full account 

of the concerns expressed by the Electoral Commission about polling for more than one 

election using diVerent voting systems taking place on the same day”; after debate, the 

amendment was (by leave of the House) withdrawn; then the original motion was agreed to. 

28. Northern Ireland Act 2000 (Modification) Order 2005—It was moved by the Baroness Farrington 

of Ribbleton that the draft Order laid before the House on 3rd February be approved; after 


29. District Policing Partnerships (Northern Ireland) Order 2005—It was moved by the Baroness 

Farrington of Ribbleton that the draft Order laid before the House on 21st February be 


30. Special Educational Needs and Disability (Northern Ireland) Order 2005—It was moved by the 

Baroness Farrington of Ribbleton that the draft Order laid before the House on 9th February 


31. Gangmasters (Licensing Authority) Regulations 2005—It was moved by the Lord Whitty that the 

draft Regulations laid before the House on 26th January be approved; after debate, the 


32. Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004—It 

was moved by the Baroness Byford to resolve that this House calls on Her Majesty’s 

Government to revoke the Regulations laid before the House on 21st December 2004 (S.I. 

2004/3385); after debate, the motion was (by leave of the House) withdrawn. 

33. South-west Territorial Waters (Prohibition of Pair Trawling) Order 2004—It was moved by the 

Baroness Wilcox to resolve that this House calls on Her Majesty’s Government to revoke the 

Order laid before the House on 23rd December 2004 (S.I. 2004/3397); after debate, the motion 


34. Regulatory Reform (Joint Nature Conservation Committee) Order 2005—It was moved by the 

Lord Whitty that the draft Regulatory Reform Order laid before the House on 24th January 


The House was adjourned at ten o’clock 


eleven o’clock for public business


241 

DIVISIONS 



It was moved by the Baroness Morris of Bolton, after Clause 69, to insert the new Clause (Closure of 

rural primary schools); which being objected to, the question was put thereupon, and the House divided: 

Contents … … … … … … 138 


Addington, L. 

Alderdice, L. 

Ashcroft, L. 

Attlee, E. 

Avebury, L. 


Barker, B. 


Bradshaw, L. 

Bramall, L. 

Bridgeman, V. 


Buscombe, B. 

Byford, B. 



Colwyn, L. 


Cox, B. 




Denham, L. 

Dholakia, L. 


Dundee, E. 

Dykes, L. 



Elton, L. 

Erroll, E. 

Falkland, V. 


Fookes, B. 


Garden, L. 


Geddes, L. 


Glentoran, L. 

Goodhart, L. 


Hamwee, B. 



Henley, L. 

Acton, L. 


Andrews, B. 



Bach, L. 

Barnett, L. 


CONTENTS 



Hooper, B. 



Howe, E. 





Hylton, L. 

Kimball, L. 

Kingsland, L. 


Laird, L. 




Liverpool, E. 


Luke, L. 

Lyell, L. 





McNally, L. 

Maddock, B. 

Mar and Kellie, E. [Teller] 



Methuen, L. 





Monson, L. 

Montrose, D. 




Neuberger, B. 

Newby, L. 

Noakes, B. 

Northesk, E. 

Northover, B. 

NOT-CONTENTS 

Berkeley, L. 



Bledisloe, V. 

Blood, B. 

Borrie, L. 


Bragg, L. 



Onslow, E. 







Razzall, L. 

Redesdale, L. 

Rees, L. 




Roper, L. 




Sandberg, L. 

Sandwich, E. 

Seccombe, B. 

Selsdon, L. 







Swinfen, L. 

Taverne, L. 




Tope, L. 

TordoV, L. 

Ullswater, V. 





Walmsley, B. 

Warnock, B. 

Wilcox, B. 




Brookman, L. 


Burlison, L. 


Carter, L. 

Chorley, L. 

Christopher, L.

242 2nd March 

2005 







Crawley, B. 

David, B. 



Dearing, L. 

Derby, Bp. 

Desai, L. 

Dixon, L. 

Donoughue, L. 

Drayson, L. 

Dubs, L. 





Falkender, B. 



Filkin, L. 


Gale, B. 


Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 

Goudie, B. 


Grenfell, L. 


Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 





Hoyle, L. 




Jones, L. 

Jordan, L. 

Judd, L. 


Kirkhill, L. 

Layard, L. 


Leitch, L. 

Lipsey, L. 

Listowel, E. 

Lockwood, B. 


McDonagh, B. 







Marsh, L. 


Maxton, L. 

Mitchell, L. 



Moser, L. 

Parekh, L. 

Paul, L. 

Pendry, L. 





Rea, L. 


Rosser, L. 

Rowlands, L. 




Sheldon, L. 

Simon, V. 

Slim, V. 

Snape, L. 



Tenby, V. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 



Walpole, L. 

Warner, L. 



Whitaker, B. 

Wilkins, B. 





It was moved by the Lord Hanningfield, after Clause 70, to insert the new Clause (Closure of special 

schools: statutory consultation); which being objected to, the question was put thereupon, and the 


Contents … … … … … … 148 


Addington, L. 

Ashcroft, L. 


Attlee, E. 

Avebury, L. 

Barker, B. 

Bledisloe, V. 


Bradshaw, L. 

Bridgeman, V. 


Buscombe, B. 

Byford, B. 






Colwyn, L. 


Cox, B. 

CONTENTS 

Craigavon, V. 




Dearing, L. 

Denham, L. 

Dholakia, L. 


Dundee, E. 

Dykes, L. 



Elton, L. 

Erroll, E. 

Falkland, V. 


Flather, B. 

Fookes, B. 


Freeman, L. 

Garden, L. 


Geddes, L. 


Glentoran, L. 

Goodhart, L. 


Greenway, L. 

Hamwee, B. 



Henley, L. 




Howe, E. 






Hylton, L.


243 


Kimball, L. 






Listowel, E. 

Liverpool, E. 


Luke, L. 

Lyell, L. 





McNally, L. 

Maddock, B. 



Marsh, L. 



Methuen, L. 




Monson, L. 

Montrose, D. 



Neuberger, B. 

Newby, L. 

Noakes, B. 

Northesk, E. 

Northover, B. 



Onslow, E. 






Razzall, L. 

Redesdale, L. 

Rees, L. 

Renton, L. 




Roper, L. 



Sandberg, L. 

Sandwich, E. 


Selsdon, L. 

Sharp of Guildford, B. [Teller] 




Slim, V. 


Stewartby, L. 


Swinfen, L. 

Taverne, L. 

Tenby, V. 




Tope, L. 

TordoV, L. 

Ullswater, V. 




Walmsley, B. 

Walpole, L. 

Warnock, B. 


Wilcox, B. 



Acton, L. 

Ahmed, L. 

Alli, L. 


Andrews, B. 



Bach, L. 

Barnett, L. 


Berkeley, L. 



Blood, B. 

Borrie, L. 


Bragg, L. 


Brookman, L. 

Burlison, L. 


Carter, L. 

Chorley, L. 







Crawley, B. 

David, B. 




Derby, Bp. 

Desai, L. 

Dixon, L. 

NOT-CONTENTS 

Drayson, L. 

Dubs, L. 





Falkender, B. 



Filkin, L. 


Gale, B. 


Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 

Goudie, B. 





Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 





Hoyle, L. 



Jones, L. 

Judd, L. 


Kirkhill, L. 


Leitch, L. 

Levy, L. 

Lipsey, L. 

Lockwood, B. 


McDonagh, B. 






Maxton, L. 

Mitchell, L. 



Moser, L. 

Parekh, L. 

Paul, L. 

Pendry, L. 






Rea, L. 


Rosser, L. 

Rowlands, L. 



Sheldon, L. 

Simon, V. 

Snape, L. 


Taylor of Blackburn, L.

244 2nd March 

2005 

Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Uddin, B. 


Warner, L. 


Whitaker, B. 

Whitty, L. 





It was moved by the Baroness Walmsley, after Clause 114, to insert the new Clause (Requirements to be 

registered); which being objected to, the question was put thereupon, and the House divided: 

Contents … … … … … … 119 


Addington, L. 

Alderdice, L. 

Ashcroft, L. 


Attlee, E. 

Avebury, L. 


Bradshaw, L. 


Buscombe, B. 

Byford, B. 





Colwyn, L. 


Craigavon, V. 



Denham, L. 

Dholakia, L. 


Dundee, E. 

Dykes, L. 

Elton, L. 

Falkland, V. 


Ferrers, E. 

Flather, B. 

Fookes, B. 


Garden, L. 

Geddes, L. 


Glentoran, L. 

Goodhart, L. 

Hamwee, B. 



Acton, L. 

Ahmed, L. 


Andrews, B. 



Bach, L. 





CONTENTS 

Henley, L. 







Kimball, L. 


Kingsland, L. 


Laird, L. 





Lyell, L. 






McNally, L. 

Maddock, B. 






Montrose, D. 


Neuberger, B. 

Newby, L. 


Noakes, B. 

Northesk, E. 

Northover, B. 



Palmer, L. 

NOT-CONTENTS 

Blood, B. 

Boothroyd, B. 

Borrie, L. 


Bragg, L. 


Brookman, L. 

Burlison, L. 


Carter, L. 



Patten, L. 




Razzall, L. 

Redesdale, L. 

Rees, L. 

Renton, L. 







Sandberg, L. 

Seccombe, B. 

Selsdon, L. 







Stewartby, L. 

Taverne, L. 




Tope, L. 

TordoV, L. 

Trenchard, V. 

Ullswater, V. 




Walmsley, B. [Teller] 

Walpole, L. 

Wilcox, B. 

Chandos, V. 






Crawley, B. 

David, B. 



Dean of Thornton-le-Fylde, B.


245 

Dearing, L. 

Derby, Bp. 

Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Erroll, E. 







Filkin, L. 


Gale, B. 


Gilbert, L. 

Golding, B. 

Goldsmith, L. 

Goudie, B. 




Greenway, L. 


Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 






Hoyle, L. 



Jones, L. 



Kirkhill, L. 

Layard, L. 


Levy, L. 

Lockwood, B. 


McDonagh, B. 








Maxton, L. 

Mitchell, L. 


Moser, L. 

Parekh, L. 

Paul, L. 

Pendry, L. 




Radice, L. 



Rosser, L. 

Rowlands, L. 


Sawyer, L. 

Sheldon, L. 

Simon, V. 

Snape, L. 



Tomlinson, L. 

Triesman, L. 

Truscott, L. 



Uddin, B. 


Warner, L. 


Whitaker, B. 

Whitty, L. 

Wilkins, B. 




APPENDIX 1 



Commissioners for Revenue and Customs Bill—The bill was further considered in the Grand 

Committee; amendments were moved and (by leave of the Committee) withdrawn; it was 

ordered that the bill be reported without amendment. 

The Committee was adjourned at ten minutes before six o’clock.

246 2nd March 

2005 

APPENDIX 2


247

248 2nd March 

2005

2005 3rd March 

249 

Thursday 3rd March 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 



Alliance, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 



Ashcroft, L. 



Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 



Barnett, L. 


Berkeley, L. 


Best, L. 

Bhatia, L. 




Blackwell, L. 

Blaker, L. 

Bledisloe, V. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 

Briggs, L. 




Brookman, L. 



Burlison, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 










Carswell, L. 

Carter, L. 


Chan, L. 

Chandos, V. 

Chorley, L. 





Cockfield, L. 



Colwyn, L. 



Cox, B. 

Craigavon, V. 

Crawley, B. 



David, B. 





Dearing, L. 

Denham, L. 

Derby, Bp. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

D’Souza, B. 

Dubs, L. 

Dykes, L. 

Eatwell, L. 


Elles, B. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Feldman, L. 

Ferrers, E. 


Fitt, L. 

Flather, B. 

Fookes, B. 


Fowler, L. 


Gale, B. 

Garden, L. 


Geddes, L. 


Giddens, L. 

Gilbert, L. 


Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 

Goudie, B. 


Greaves, L. 


Greenway, L. 

Grocott, L. 


Hamwee, B. 





Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Higgins, L. 



HoVmann, L. 



Hooson, L. 



Howe, E. 









Hunt of Wirral, L.

250 3rd March 

2005 

Hylton, L. 

Imbert, L. 



Jellicoe, E. 


JoVe, L. 

Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 

Kalms, L. 



Kimball, L. 



Kingsland, L. 

Kirkhill, L. 


Laidlaw, L. 

Laird, L. 


Layard, L. 


Leitch, L. 


Levy, L. 


Lipsey, L. 

Listowel, E. 

Liverpool, E. 


Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 


McDonagh, B. 












McNally, L. 



Marsh, L. 



Maxton, L. 




Methuen, L. 



Mitchell, L. 


Monson, L. 

Montrose, D. 

Moran, L. 

Morgan, L. 




Moser, L. 


Moynihan, L. 

Murphy, B. 


Naseby, L. 

Neuberger, B. 

Newby, L. 


Noakes, B. 



Northesk, E. 

Northover, B. 





Onslow, E. 


Ouseley, L. 

Owen, L. 

Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 


Patten, L. 

Paul, L. 

Pendry, L. 

Peston, L. 










Prashar, B. 


Quinton, L. 

Quirk, L. 

Rana, L. 


Rawlings, B. 


Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 


Rix, L. 




Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 






Sandberg, L. 


Sandwich, E. 

Sawyer, L. 




Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 



Sheldon, L. 


Simon, V. 


Skidelsky, L. 

Slim, V. 



Snape, L. 



Stern, B. 


Stewartby, L. 



Strabolgi, L. 




Tebbit, L. 

Tenby, V. 





Thornton, B. 

Tombs, L. 

Tomlinson, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 

Vinson, L. 






Walmsley, B. 

Walpole, L.


251 

Warnock, B. 

Waverley, V. 



Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 









1. Hinchy (Respondent) v. Secretary of State for Work and Pensions (Appellant)— It was moved by 

the Lord HoVmann, That the 24th Report from the Appellate Committee be agreed to; the 


20th February 2003 be set aside save as to costs and the Decision of the Social Security 

Commissioner Mr Patrick Howell QC of 3rd May 2002 restored; and that the appellant do 

pay to the respondent her costs in this House, the amount of such costs to be certified by the 

Clerk of the Parliaments if not agreed between the parties. [2005] UKHL 16 

2. Akumah (FC) (Appellant) v. London Borough of Hackney (Respondents)— It was moved by the 

Lord HoVmann, That the 25th Report from the Appellate Committee be agreed to; the 


17th April 2002 be aYrmed and the appeal dismissed with costs; that the amounts thereof, if 

any, to be paid by the appellant and to be paid out of the Community Legal Service Fund be 

certified by the Clerk of the Parliaments in accordance with section 11 of the Access to Justice 

Act 1999; and that the costs of the appellant in this House be taxed in accordance with the 

Access to Justice Act 1999. [2005] UKHL 17 

3. Secretary of State for Work and Pensions (Appellant) v. M (Respondent) (England)— The appeal 

of the Secretary of State for Work and Pensions was presented and it was ordered that in 


14th April. 

4. In re W (children)— The petition of the father 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. 



Papers 

5. Instrument withdrawn—The following instrument, laid before the House on 21st February, was 

withdrawn: 

Draft Regulatory Reform (Fire Safety) Order 2005. 



Hong Kong—Six-monthly Report on Hong Kong July—December 2004. (6484) 


on the Table: 

1. New Forest National Park Authority (Establishment) Order 2005, laid under the Town 

and Country Planning Act 1990; (421) 

2. Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) (England and 

Wales) (Amendment) Regulations 2005, laid under the European Communities Act 1972; 

(432) 

3. Employment Tribunals (Constitution and Rules of Procedure) (Amendment) 

Regulations 2005, laid under the Employment Tribunals Act 1996. (435) 


8. Parliamentary Commissioner (Amendment) Bill [hl]— The bill was read a third time and passed 

and sent to the Commons. 



9. Prevention of Terrorism Bill—The House resolved itself into a Committee upon the bill; it was 

moved by the Lord Peyton of Yeovil that the House be resumed; after debate, the motion was 

(by leave of the Committee) withdrawn; an amendment was moved; an amendment thereto 

was moved and a debate thereon having arisen, further debate was adjourned and the House 

was resumed.

252 3rd-7th March 

2005 

10. Child Benefit Bill—It was moved by the Lord McIntosh of Haringey that the bill be now read a 

second time; after debate, the motion was agreed to and the bill was committed to a Grand 

Committee. 



11. Prevention of Terrorism Bill—The House again resolved itself into a Committee upon the bill; 

further debate on an amendment to an amendment was resumed; the amendment to the 

amendment was (by leave of the Committee) withdrawn; then the original amendment was 

agreed to; amendments were moved and (by leave of the Committee) withdrawn; amendments 

were agreed to; the House was resumed after amendment 46. 

12. Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2005—It was 

moved by the Lord Triesman that the draft Order laid before the House on 26th January be 


The House was adjourned at thirteen minutes past seven o’clock 


APPENDIX 



Railways Bill—The bill was further considered in the Grand Committee; amendments were moved 


stood part. 

The Committee was adjourned at two minutes past seven o’clock. 

Monday 7th March 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 







Avebury, L. 

Bach, L. 

Bagri, L. 


Barker, B. 

Barnett, L. 



Bell, L. 

Berkeley, L. 


Bhatia, L. 



Birt, L. 

Blackwell, L. 

Blaker, L. 



Bledisloe, V. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 

Boyce, L. 


Bradshaw, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 

Briggs, L. 


Broers, L. 



Brookman, L. 




Heywood, L. 

Burlison, L. 

Burns, L. 

Buscombe, B. 


Caithness, E. 







Carter, L. 




Chan, L. 

Chapman, B. 

Chester, Bp. 

Chorley, L. 






Cockfield, L. 


Colwyn, L. 

Condon, L. 



Courtown, E. 

Cox, B. 


Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Cuckney, L. 



Dahrendorf, L.

2005 7th March 

253 


David, B. 




Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 



Elder, L. 


Elles, B. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Falkender, B. 

Falkland, V. 




Fearn, L. 

Feldman, L. 

Ferrers, E. 

Filkin, L. 


Fitt, L. 

Flather, B. 

Fookes, B. 


Fowler, L. 


Freeman, L. 

Freyberg, L. 

Gale, B. 

Garden, L. 



Geddes, L. 


Giddens, L. 

Gilbert, L. 


Glasgow, E. 


Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 





Greaves, L. 


Greenway, L. 

Gregson, L. 

Grenfell, L. 


Grocott, L. 


Hamwee, B. 






Harrison, L. 


Haskel, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Higgins, L. 



Hogg, B. 


Hollick, L. 



Home, E. 

Hooper, B. 

Hooson, L. 



Howe, E. 






Hoyle, L. 






Hylton, L. 

Imbert, L. 

Inge, L. 

Inglewood, L. 






Jones, L. 

Jordan, L. 

Judd, L. 

Kalms, L. 



Kimball, L. 



Kingsland, L. 


Laird, L. 




Layard, L. 


Leitch, L. 




Lipsey, L. 

Listowel, E. 

Liverpool, E. 




Lucas, L. 

Ludford, B. 

Luke, L. 

McCluskey, L. 


McDonagh, B. 














McNally, L. 

Maddock, B. 

Mallalieu, B. 

Mancroft, L. 

Mar, C. 



Marsh, L. 



Maxton, L. 



Methuen, L. 




Mitchell, L. 


Monson, L. 

Montrose, D. 

Moran, L. 

Morgan, L. 







Moynihan, L. 

Murphy, B. 


Naseby, L. 


Neuberger, B. 

Newby, L.

254 7th March 

2005 




Northesk, E. 

Northover, B. 





Onslow, E. 


Ouseley, L. 

Palmer, L. 

Parekh, L. 


Parkinson, L. 


Patten, L. 

Paul, L. 

Peel, E. 

Pendry, L. 


Peston, L. 



Plumb, L. 




Prashar, B. 

Prosser, B. 


Quinton, L. 

Quirk, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 

Richard, L. 


Rix, L. 






Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 







Sandberg, L. 


Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 

Sharman, L. 


Sharples, B. 


Sheldon, L. 


Simon, V. 

Skidelsky, L. 

Slim, V. 

Snape, L. 



Stern, B. 


Stewartby, L. 



Strabolgi, L. 


Swinfen, L. 

Taverne, L. 



Tebbit, L. 

Thatcher, B. 





Thornton, B. 

Tombs, L. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 





Wakeham, L. 




Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 





Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 










PRAYERS were read by the Lord Bishop of Portsmouth. 

1. Lord Sheppard of Liverpool—The Lord Chancellor acquainted the House that Lord Sheppard of 

Liverpool, a member of the House, had died on 5th March 2005. 

2. Leave of Absence—It was ordered that leave of absence be granted to the Baroness Jeger for the 

remainder of this Parliament. 



Department of Health (Appellant) and others (England)— The appeal of the Secretary of 

State for the Department of Health was presented and it was ordered that in accordance with 

Standing Order VI the statement and appendix thereto be lodged on or before 18th April. 

4. McCarroll (Petitioner) v. Statham Gill Davies (a firm) (Respondents)— The petition of Anthony 

McCarroll praying for leave to appeal was presented and referred to an Appeal Committee.


255 

5. Deutsche Morgan Grenfell Group plc (Respondents) v. Her Majesty’s Commissioners of Inland 

Revenue and another (Petitioners)— The petition of Her Majesty’s Commissioners of Inland 

Revenue and Her Majesty’s Attorney General praying for leave to appeal was presented and 

referred to an Appeal Committee (lodged 4th March). 

6. Brunt and others (Petitioners) v. Southampton International Airport Limited (Respondents)— 

The petition of Nigel Richard Pierce Brunt, Viscount Chilston, John Dudley Harding, Ian 

Richard McKellen Parker, Timothy Roger Smith, Richard Rainsbury and David Owen 

praying for leave to appeal was presented and referred to an Appeal Committee. 


Saudi Arabia) (Appellants)— 


Arabiya AS Saudiya (the Kingdom of Saudi Arabia) (Appellants)— 


Saudi Arabia) (Respondents)— 


lodge one statement and one appendix in respect of the three appeals, that the appellants and 

respondents have leave to lodge separate cases and that the respondents in the first and second 

appeals be separately represented (the agents for the respondents consenting thereto) was 


Papers 



1. Environment—Securing the future: Delivering UK Sustainable Development Strategy; 

(6467) 

2. Constitutional Reform Bill [hl]—Government Response to the Report of the House of 

Commons Constitutional AVairs Select Committee on the Constitutional Reform Bill 

[hl]; (6488) 

3. Contingent Liability— 

(i) Minute from the Northern Ireland OYce on the legal indemnity for the Inquiry into 

the Death of Rosemary Nelson; (—) 

(ii) Minute from the Northern Ireland OYce on the legal indemnity for the Inquiry into 

the Death of Robert Hamill; (—) 

(iii) Minute from the Northern Ireland OYce on the legal indemnity for the Inquiry into 

the Death of Billy Wright. (—) 

11. Statutory Instruments (Standing Order 71)— The following negative instruments, having been laid 

before the House on 4th March, were ordered to lie on the Table: 

1. Education (Budget Statements) (England) Regulations 2005, laid under the School 

Standards and Framework Act 1998; (345) 

2. Criminal Procedure Rules 2005, laid under the Courts Act 2003; (384) 

3. Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 

2005, laid under the Proceeds of Crime Act 2002; (386) 

4. (i) Road TraYc (Permitted Parking Area and Special Parking Area) (County of Surrey) 

(Borough of Spelthorne) Order 2005— (403) 

(ii) Road TraYc (Permitted Parking Area and Special Parking Area) (County of 

Hertfordshire) (Borough of Broxbourne) Order 2005— (405) 

laid under the Road TraYc Act 1991; 

5. Health Protection Agency Regulations 2005, laid under the Health Protection Agency 

Act 2004; (408) 

6. Community Trade Mark (Designation of Community Trade Mark Courts) Regulations 

2005, laid under the Trade Marks Act 1994; (440) 

7. (i) Trade in Goods (Control) (Amendment) Order 2005— (443) 

(ii) Trade in Controlled Goods (Embargoed Destinations) (Amendment) Order 2005— 

(445) 

(iii) Export of Goods, Transfer of Technology and Provision of Technical Assistance 

(Control) (Amendment) Order 2005— (468) 

laid under the Export Control Act 2002; 

8. Courts-Martial Appeal (Amendment) Rules 2005, laid under the Courts-Martial 

(Appeals) Act 1968; (446)

256 7th March 

2005 

9. Information Tribunal (Enforcement Appeals) (Amendment) Rules 2005, laid under the 

Data Protection Act 1998; (450) 

10. (i) Dairy Produce Quotas Regulations 2005— (465) 

(ii) Dairy Produce Quotas (General Provisions) (Amendment) Regulations 2005— 

(466) 




Draft Electoral Law Act (Northern Ireland) 1962 (Amendment No. 3) Order 2005, laid under 

the Northern Ireland Act 1998, together with an Explanatory Memorandum. 



Committee: 

Draft Regulatory Reform (Fire Safety) Order 2005, together with a Statement by the OYce of 

the Deputy Prime Minister. 


on the Table: 

1. Cambridge University Hospitals National Health Service Foundation Trust (Transfer of 

Trust Property) Order 2005, laid under the Health and Social Care (Community Health 

and Standards) Act 2003; (398) 

2. Castle Vale Housing Action Trust (Dissolution) Order 2005, laid under the Housing Act 

1988; (411) 

3. Water Industry (Determination of Turnover for Penalties) Order 2005, laid under the 

Water Industry Act 1991; (477) 

4. Whole of Government Accounts (Designation of Bodies) Order 2005, laid under the 

Government Resources and Accounts Act 2000. (486) 


15. Consumer Credit Bill—A bill to amend the Consumer Credit Act 1974; to extend the ombudsman 

scheme under the Financial Services and Markets Act 2000 to cover licensees under the 

Consumer Credit Act 1974; and for connected purposes was brought from the Commons, read 

a first time and ordered to be printed. (HL Bill 36) 

16. Consumer Credit Bill—It was ordered that the Explanatory Notes relating to the bill be printed. 


17. Business of the House—It was moved by the Lord President (Baroness Amos) that, in the event 

that the Prevention of Terrorism Bill has been reported to the House, Standing Order 47 (No 

two stages of a Bill to be taken on one day) be dispensed with tomorrow, to allow the bill to be 

taken through its remaining stages that day; and that Standing Order 49 (Amendments on 

Third Reading) be dispensed with to allow amendments for Third Reading of the bill to be 

tabled tomorrow; the motion was agreed to. 


2005—It was moved by the Lord President (Baroness Amos) that the order of 10th February 

referring the draft Regulations to a Grand Committee be discharged; the motion was 

agreed to. 

19. Budget (Northern Ireland) Order 2005—It was moved by the Lord President (Baroness Amos) that 

the draft Order be referred to a Grand Committee; the motion was agreed to. 

20. Higher Education (Northern Ireland) Order 2005—It was moved by the Lord President (Baroness 

Amos) that the draft Order be referred to a Grand Committee; the motion was agreed to. 

21. Public Processions (Amendment) (Northern Ireland) Order 2005—It was moved by the Lord 



22. Electoral Law Act (Northern Ireland) 1962 (Amendment No. 2) Order 2005—It was moved by the 

Lord President (Baroness Amos) that the draft Order be referred to a Grand Committee; the 



amendments were moved and (by leave of the Committee) withdrawn; the question that a 

clause stand part of the bill was negatived; an amendment to an amendment was agreed to (see 

division list); further amendments to the amendment were agreed to; then the original 

amendment, as amended, was agreed to; amendments were agreed to; an amendment was 

moved and, on question, tellers for the Contents not having been appointed, the amendment 

was disagreed to pursuant to Standing Order 54; the House was resumed.


257 

24. Social Security Benefits Up-rating Order 2005—It was moved by the Baroness Hollis of Heigham 

that the draft Order laid before the House on 1st February be approved; after debate, the 


25. Guaranteed Minimum Pensions Increase Order 2005—It was moved by the Baroness Hollis of 

Heigham that the draft Order laid before the House on 1st February be approved; the motion 





amendments were agreed to; amendments were moved and (by leave of the Committee) 

withdrawn; the House was resumed and the bill was reported with amendments; it was ordered 


The House was adjourned at fourteen minutes before midnight 


DIVISION 

PREVENTION OF TERRORISM BILL 

It was moved by the Lord Goodhart, in Clause 3, line 2, as an amendment to amendment 55 moved by 

the Baroness Scotland of Asthal, to leave out “Secretary of State” and insert “court”; which being 

objected to, the question was put thereupon, and the Committee divided: 

Contents … … … … … … 249 


Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 


Ampthill, L. 



Avebury, L. 


Barker, B. 


Bell, L. 

Blackwell, L. 

Blaker, L. 


Boothroyd, B. 

Borrie, L. 

Bowness, L. 

Bradshaw, L. 

Bridgeman, V. 

Bridges, L. 


Broers, L. 



Burns, L. 

Buscombe, B. 

Caithness, E. 






Chester, Bp. 

Chorley, L. 



CONTENTS 

Colwyn, L. 

Condon, L. 


Courtown, E. 

Crathorne, L. 


Cuckney, L. 


D’Souza, B. 


David, B. 

Dearing, L. 

Denham, L. 

Dholakia, L. 



Dundee, E. 

Dykes, L. 




Elles, B. 


Elton, L. 

Erroll, E. 

Falkland, V. 


Fearn, L. 

Feldman, L. 

Ferrers, E. 


Fookes, B. 


Fowler, L. 


Freeman, L. 

Garden, L. 



Geddes, L. 


Glasgow, E. 


Goodhart, L. 


Greaves, L. 


Greenway, L. 

Hamwee, B. 




Hayhoe, L. 

Hayman, B. 

Henley, L. 

Higgins, L. 


Hogg, B. 

Hooper, B. 

Hooson, L. 


Howe, E. 






Hylton, L. 

Inglewood, L. 



Judd, L. 

Kalms, L. 


Kimball, L. 

Kingsland, L. 


Lamont of Lerwick, L.

258 7th March 

2005 




Listowel, E. 

Liverpool, E. 



Ludford, B. 

Luke, L. 








McNally, L. 

Maddock, B. 

Mallalieu, B. 

Mancroft, L. 

Mar, C. 




Methuen, L. 




Mitchell, L. 

Monson, L. 

Montrose, D. 

Moran, L. 

Morgan, L. 




Moynihan, L. 

Murphy, B. 


Naseby, L. 


Neuberger, B. 

Newby, L. 



Andrews, B. 


Bach, L. 





Bledisloe, V. 

Brett, L. 


Brookman, L. 


Burlison, L. 



Carter, L. 






Crawley, B. 


Northesk, E. 

Northover, B. 




Onslow, E. 



Patten, L. 

Peel, E. 



Plumb, L. 




Quinton, L. 

Quirk, L. 

Rawlings, B. 

Razzall, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 












Sandberg, L. 


Sandwich, E. 



Selborne, E. 

NOT-CONTENTS 




Desai, L. 

Dixon, L. 

Donoughue, L. 

Drayson, L. 

Eatwell, L. 

Elder, L. 






Filkin, L. 

Gale, B. 


Giddens, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 


Selsdon, L. 

Sharman, L. 


Sharples, B. 


Sheldon, L. 


Slim, V. 




Swinfen, L. 

Taverne, L. 

Tebbit, L. 

Thatcher, B. 




Tombs, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 


Tugendhat, L. 


Ullswater, V. 




Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warnock, B. 











Gregson, L. 




Harrison, L. 


Haskel, L. 

Haworth, L. 

Henig, B. 






Hoyle, L. 






Jones, L.

2005 7th-8th March 

259 

Jordan, L. 


Layard, L. 


Leitch, L. 

Lipsey, L. 


McDonagh, B. 







Marsh, L. 


Maxton, L. 





Paul, L. 

Pendry, L. 

Peston, L. 

Prosser, B. 



Richard, L. 

Rosser, L. 

Rowlands, L. 


Sawyer, L. 


Simon, V. 

Snape, L. 

Strabolgi, L. 


Thornton, B. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 



Warner, L. 


Whitty, L. 

Wilkins, B. 




APPENDIX 



School Transport Bill—The bill was considered in the Grand Committee; amendments were 

moved and (by leave of the Committee) withdrawn; the Committee was adjourned after 

amendment 18. 

The Committee was adjourned at twenty-three minutes before eight o’clock. 

Tuesday 8th March 2005 





Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 


Alli, L. 

Alliance, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 


Arran, E. 




Avebury, L. 

Bach, L. 

Bagri, L. 



Barker, B. 

Barnett, L. 



Bell, L. 

Berkeley, L. 


Best, L. 

Bhatia, L. 



Birt, L. 


Blackwell, L. 

Blaker, L. 

Bledisloe, V. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 


Broers, L. 




Brookman, L. 



Burlison, L. 

Burns, L. 

Buscombe, B. 


Byford, B. 

Caithness, E. 








Carter, L. 




Chan, L. 

Chapman, B. 


Chester, Bp. 

Chorley, L. 






Cockfield, L. 



Colwyn, L. 

Condon, L.

260 8th March 

2005 



Courtown, E. 

Cox, B. 

Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Croham, L. 

Cuckney, L. 





David, B. 




Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eatwell, L. 



Elder, L. 

Elles, B. 


Elton, L. 

Erroll, E. 



Falkland, V. 




Fearn, L. 

Feldman, L. 

Fellowes, L. 

Ferrers, E. 

Filkin, L. 


Fitt, L. 

Flather, B. 

Fookes, B. 


Fowler, L. 


Freeman, L. 


Gale, B. 

Garden, L. 


Geddes, L. 


Giddens, L. 

Gilbert, L. 


Glasgow, E. 


Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 





Greaves, L. 


Greenway, L. 

Gregson, L. 

Grenfell, L. 



Grocott, L. 

Hamwee, B. 

Hanham, B. 






Harrison, L. 


Haskel, L. 

Haskins, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Higgins, L. 



Hogg, B. 




Home, E. 

Hooper, B. 

Hooson, L. 



Howe, E. 






Hoyle, L. 






Hylton, L. 

Inglewood, L. 




JoVe, L. 

Jones, L. 

Jordan, L. 

Judd, L. 

Kalms, L. 



Kimball, L. 


Kingsland, L. 



Laird, L. 

Laming, L. 





Layard, L. 


Leitch, L. 



Lindsay, E. 


Lipsey, L. 

Listowel, E. 


Liverpool, E. 



Lockwood, B. 


Lucas, L. 

Luce, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 


McDonagh, B. 














McNally, L. 

Maddock, B. 


Mallalieu, B. 


Mancroft, L. 

Mar, C. 



Marsh, L. 



Maxton, L. 



Methuen, L. 




Mitchell, L. 

Molyneaux of Killead, L.


261 

Monson, L. 

Montrose, D. 

Moran, L. 

Morgan, L. 






Moser, L. 


Murphy, B. 


Naseby, L. 


Neuberger, B. 

Newby, L. 


Nicol, B. 



Northesk, E. 

Northover, B. 





Onslow, E. 


Ouseley, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 


Parkinson, L. 

Patel, L. 


Patten, L. 

Paul, L. 


Pendry, L. 


Peston, L. 





Plumb, L. 





Prashar, B. 

Prior, L. 

Prosser, B. 


Quinton, L. 

Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 



Rennard, L. 

Renton, L. 



Richard, L. 


Rix, L. 




Rogan, L. 



Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 




Saatchi, L. 






Sandberg, L. 


Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 

Sharman, L. 


Sharples, B. 


Sheldon, L. 



Simon, V. 

Skidelsky, L. 

Slim, V. 



Snape, L. 




Steinberg, L. 

Stern, B. 


Stewartby, L. 

Steyn, L. 



Strabolgi, L. 



Swinfen, L. 

Taverne, L. 


Tebbit, L. 

Tenby, V. 

Thatcher, B. 





Thornton, B. 

Tombs, L. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 



Vinson, L. 



Wakeham, L. 




Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 




Whitaker, B. 

Whitty, L. 

Wilcox, B. 








Winston, L. 

Wolfson, L. 





PRAYERS were read by the Lord Bishop of Portsmouth.

262 8th March 

2005 


1. Davidson (Appellant) v. Scottish Ministers (Respondents) (Scotland)—The appeal of Scott 

Davidson was presented and it was ordered that in accordance with Standing Order VI the 




be extended to 19th April (the agents for the respondents consenting thereto) was presented; 




R (on the application of Kent Pharmaceuticals Limited) (Petitioners) v. Director of the Serious 

Fraud OYce (Respondent)—That leave to appeal be refused; that the respondent be at liberty 

to apply for his costs in accordance with direction 5.1(d); and, if the application is granted, 


parties. 

Her Majesty’s Commissioners of Customs and Excise (Respondents) v. Barclays Bank plc 

(Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 22nd 

March. 

Abumujor (Petitioner) v. Kingston University (Respondents)—That the petition be dismissed 

as inadmissible. 

4. Appeal Committee—The 31st Report from the Appeal Committee was agreed to and the following 


Roberts (FC) (Appellant) v. Parole Board (Respondents)—That the petition of Roger Smith, 

Director of Justice for and on behalf of the Executive Board and Members of Justice and 

Justice that they might be heard or otherwise intervene in the said appeal be allowed. 

Papers 


on the Table: 

1. (i) Central Sussex College (Incorporation) Order 2005— (396) 

(ii) Central Sussex College (Government) Regulations 2005— (397) 

laid under the Further and Higher Education Act 1992; 

2. Council Tax (Prescribed Classes of Dwellings) (Amendment) (England) Regulations 

2005, laid under the Local Government Finance Act 1992; (416) 

3. Local Authorities (Discretionary Expenditure Limits) (England) Order 2005, laid under 

the Local Government Act 1972; (419) 

4. West Hertfordshire Hospitals National Health Service Trust (Transfer of Trust Property) 

Order 2005, laid under the National Health Service Act 1977; (451) 


Hertfordshire) (Borough of Stevenage) Order 2005, laid under the Road TraYc Act 1991; 

(452) 

6. Police Authorities (Best Value) Performance Indicators Order 2005, laid under the Local 


7. (i) Fines Collection (Amendment) Regulations 2005— (484) 

(ii) Register of Fines (Amendment) Regulations 2005— (485) 

(iii) Collection of Fines (Pilot Schemes) (Amendment) Order 2005— (487) 


8. (i) Electricity (Class Exemptions from the Requirement for a Licence) (Amendment) 

Order 2005— (488) 

(ii) Electricity Act 1989 (Uniform Prices in the North of Scotland) Order 2005— (490) 

laid under the Electricity Act 1989; 

9. Legal Services Ombudsman (Jurisdiction) (Amendment) Order 2005, laid under the 

Courts and Legal Services Act 1990; (489) 

10. Immigration (Passenger Transit Visa) (Amendment) Order 2005, laid under the 

Immigration and Asylum Act 1999; (492) 

11. (i) Insolvency (Amendment) Regulations 2005— (512) 

(ii) Insolvency Practitioners and Insolvency Services Account (Fees) (Amendment) 

Order 2005— (523) 

(iii) Insolvency Practitioners Regulations 2005— (524) 

(iv) Insolvency (Amendment) Rules 2005— (527)


263 

(v) Insolvency Proceedings (Fees) (Amendment) Order 2005— (544) 

laid under the Insolvency Act 1986; 

12. Children (Allocation of Proceedings) (Amendment) Order 2005, laid under the Children 

Act 1989; (520) 

13. Energy Act 2004 (Assistance for Areas with High Distribution Costs) Order 2005, laid 

under the Energy Act 2004; (528) 

14. (i) Legal Advice and Assistance (Financial Conditions) Regulations (Northern Ireland) 

2005— (—) 

(ii) Legal Aid (Financial Conditions) Regulations (Northern Ireland) 2005— (—) 

(iii) Legal Advice and Assistance (Amendment) Regulations (Northern Ireland) 2005— 

(—) 

laid under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. 



1. (i) Accounts for 2003–04 of the Police Service of Northern Ireland, together with the 

Report of the Comptroller and Auditor General— 

(ii) Accounts for 2003–04 of the Northern Ireland Police Service Pension Scheme, 

together with Report of the Comptroller and Auditor General— 

laid under the Police (Northern Ireland) Act 2003; 

2. Accounts for 2003-04 of the National Lottery Distribution Fund, laid under the National 

Lottery etc. Act 1993, together with the Report of the Comptroller and Auditor General. 


7. Merits of Statutory Instruments—The following reports from the Select Committee were made 

and ordered to be printed: 


Draft Renewables Obligation Order 2005; (HL Paper 71) 


Asylum and Immigration Tribunal (Procedure) Rules 2005; 

Private Security Industry Act 2001 (Designated Activities) (Revocation) Order 2005; 

Financial Services and Markets Act 2000 (Market Abuse) Regulations 2005. (HL 

Paper 72) 



Draft Community Legal Service (Asylum and Immigration Appeals) Regulations 2005; 

Draft Electoral Law Act (Northern Ireland) 1962 (Amendment No. 2) Order 2005; 

Draft Electoral Law Act (Northern Ireland) 1962 (Amendment No. 3) Order 2005; 

Draft Extradition Act 2003 (Part 3 Designation) (Amendment) Order 2005; 

Draft Companies Act 1989 (Delegation) Order 2005; 

Draft Contracting Out (Functions in Relation to Cultural Objects) Order 2005; 

Draft Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2005; 

Draft Open-Ended Investment Companies (Amendment) Regulations 2005; 

Draft Remand in Custody (EVect of Concurrent and Consecutive Sentences of 

Imprisonment) Rules 2005; 

Draft Restriction on the Preparation of Adoption Reports Regulations 2005; 

Draft Suitability of Adopters Regulations 2005; 



be printed, together with the Minutes of Evidence: 

Evidence from the Financial Secretary on the proposed reforms of the Stability and Growth 

Pact; (7th Report—HL Paper 74) 

Proposal to ban trade in products used for capital punishment or torture; (8th Report—HL 

Paper 75) 

The European Defence Agency. (9th Report—HL Paper 76)

264 8th March 

2005 


10. Income Tax (Trading and Other Income) Bill—A bill to restate, with minor changes, certain 

enactments relating to income tax on trading income, property income, savings and 

investment income and certain other income; and for connected purposes was brought from 

the Commons endorsed with the certificate of the Speaker that the bill is a money bill and read 

a first time. 

11. Prevention of Terrorism Bill—The report was received; amendments were agreed to; further 

amendments were agreed to (see division lists 1 to 4 and 6); amendments were moved and (by 

leave of the House) withdrawn; an amendment was disagreed to (see division list 5); it was 

ordered that the bill be printed as amended. (HL Bill 38) 

12. Water Fluoridation (Consultation) (England) Regulations 2005—It was moved by the Lord 

Warner that the draft Regulations laid before the House on 22nd February be approved; after 


13. Water Supply (Fluoridation Indemnities) (England) Regulations 2005—It was moved by the Lord 

Warner that the draft Regulations laid before the House on 22nd February be approved; the 


14. Opticians Act 1989 (Amendment) Order 2005—It was moved by the Lord Warner that the draft 

Order laid before the House on 24th February be approved; after debate, the motion was 

agreed to. 



15. Prevention of Terrorism Bill—Standing Order 47 having been dispensed with, the bill was read a 

third time; amendments were agreed to; then, after debate, the bill was passed and returned 

to the Commons with amendments. 

The House was adjourned at five minutes past ten o’clock 


DIVISIONS 



It was moved by the Lord Kingsland, in Clause 1, page 1, line 17, to leave out “may include, in 

particular” and insert “are”; which being objected to, the question was put thereupon, and the House 

divided: 

Contents … … … … … … 256 


Ackner, L. 

Addington, L. 

Alderdice, L. 


Alliance, L. 


Ampthill, L. 


Arran, E. 


Avebury, L. 

Bagri, L. 



Blaker, L. 

Bledisloe, V. 


Boothroyd, B. 

Bowness, L. 

Bradshaw, L. 


Broers, L. 


CONTENTS 



Buscombe, B. 

Byford, B. 

Caithness, E. 








Chan, L. 

Chorley, L. 


Cockfield, L. 



Colwyn, L. 


Courtown, E. 

Cox, B. 

Crathorne, L. 


Croham, L. 

Cuckney, L. 

D’Souza, B. 




Denham, L. 

Dholakia, L. 


Dundee, E. 

Dykes, L. 


Elles, B. 


Elton, L. 

Erroll, E. 

Falkland, V. 


Fearn, L. 

Fellowes, L. 

Ferrers, E. 

Finlay of LlandaV, B.


265 

Flather, B. 

Fookes, B. 


Fowler, L. 

Freeman, L. 

Garden, L. 


Geddes, L. 


Glasgow, E. 


Glentoran, L. 


Greaves, L. 


Greenway, L. 

Hamwee, B. 

Hanham, B. 



Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 

Home, E. 

Hooper, B. 

Hooson, L. 



Howe, E. 






Hylton, L. 

Inglewood, L. 



Judd, L. 

Kalms, L. 


Kingsland, L. 








Lindsay, E. 


Listowel, E. 


Liverpool, E. 



Lucas, L. 

Ludford, B. 

Luke, L. 



Acton, L. 


Andrews, B. 






McNally, L. 

Maddock, B. 

Mallalieu, B. 

Mancroft, L. 




Methuen, L. 




Monson, L. 

Montrose, D. 

Moser, L. 


Murphy, B. 



Neuberger, B. 

Newby, L. 



Northesk, E. 

Northover, B. 



Onslow, E. 

Oxford, Bp. 


Parkinson, L. 







Prashar, B. 

Prior, L. 

Quinton, L. 

Quirk, L. 

Razzall, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 





Rogan, L. 


Roper, L. 



Saatchi, L. 



NOT-CONTENTS 


Bach, L. 




Sandberg, L. 



Seccombe, B. 

Selsdon, L. 

Sharman, L. 


Sharples, B. 


Sheldon, L. 



Skidelsky, L. 

Slim, V. 




Steinberg, L. 

Stern, B. 


Stewartby, L. 




Swinfen, L. 

Taverne, L. 

Tenby, V. 

Thatcher, B. 





Tombs, L. 

Tope, L. 

TordoV, L. 


Tugendhat, L. 

Ullswater, V. 



Vinson, L. 



Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warnock, B. 




Wilcox, B. 









Borrie, L. 

Brett, L.

266 8th March 

2005 

Bridges, L. 


Brookman, L. 

Burlison, L. 


Carter, L. 







Crawley, B. 

David, B. 



Dearing, L. 

Desai, L. 

Dixon, L. 

Donoughue, L. 

Drayson, L. 

Dubs, L. 

Eatwell, L. 

Elder, L. 







Filkin, L. 


Gale, B. 


Giddens, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 



Gregson, L. 




Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 






Hoyle, L. 



Jones, L. 

Jordan, L. 



Layard, L. 


Leitch, L. 


Lipsey, L. 


McDonagh, B. 







Marsh, L. 


Maxton, L. 


Mitchell, L. 




Nicol, B. 

Paul, L. 

Pendry, L. 

Peston, L. 


Prosser, B. 

Radice, L. 





Rix, L. 

Rooker, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 


Sewel, L. 

Simon, V. 



Strabolgi, L. 

Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Warner, L. 

Whitty, L. 



It was moved by the Lady Saltoun of Abernethy, after Clause 1, to insert the new Clause (Control orders: 

supplementary); which being objected to, the question was put thereupon, and the House divided: 

Contents … … … … … … 240 


Ackner, L. 

Addington, L. 

Alderdice, L. 


Alliance, L. 


Ampthill, L. 


Arran, E. 


Avebury, L. 


Barker, B. 


Bell, L. 

Blackwell, L. 

Blaker, L. 


Boothroyd, B. 

Bowness, L. 

CONTENTS 

Bradshaw, L. 

Bridges, L. 


Broers, L. 




Buscombe, B. 

Byford, B. 

Caithness, E. 








Colwyn, L. 


Courtown, E. 

Cox, B. 

Crathorne, L. 


Cuckney, L. 



Denham, L. 

Dholakia, L. 



Dundee, E. 

Dykes, L. 




Elton, L. 

Erroll, E. 

Falkland, V. 


Fearn, L.


267 

Feldman, L. 

Fellowes, L. 

Ferrers, E. 


Flather, B. 

Fookes, B. 


Fowler, L. 

Freeman, L. 

Garden, L. 


Geddes, L. 


Glasgow, E. 


Glentoran, L. 

Goodhart, L. 

Greaves, L. 

Greenway, L. 

Hamwee, B. 

Hanham, B. 




Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 

Home, E. 

Hooper, B. 

Hooson, L. 


Howe, E. 






Inglewood, L. 


JoVe, L. 

Judd, L. 

Kalms, L. 


Kimball, L. 

Kingsland, L. 









Lindsay, E. 


Liverpool, E. 



Acton, L. 


Andrews, B. 



Bach, L. 


Ludford, B. 

Luke, L. 

Lyell, L. 







McNally, L. 

Maddock, B. 

Mancroft, L. 

Mar, C. 




Methuen, L. 




Monson, L. 

Montrose, D. 

Moran, L. 


Moser, L. 



Naseby, L. 

Neuberger, B. 

Newby, L. 



Northesk, E. 

Northover, B. 




Onslow, E. [Teller] 


Parekh, L. 


Parkinson, L. 

Patten, L. 





Prior, L. 

Quinton, L. 

Razzall, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 





NOT-CONTENTS 




Bledisloe, V. 

Borrie, L. 

Brett, L. 



Rogan, L. 

Roper, L. 





Saltoun of Abernethy, Ly. [Teller] 

Sandberg, L. 



Seccombe, B. 

Selsdon, L. 

Sharman, L. 


Sharples, B. 




Skidelsky, L. 

Slim, V. 




Steinberg, L. 

Stewartby, L. 



Swinfen, L. 

Tebbit, L. 

Tenby, V. 

Thatcher, B. 





Tombs, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 


Tugendhat, L. 

Ullswater, V. 


Vinson, L. 



Wakeham, L. 



Walmsley, B. 

Walpole, L. 

Warnock, B. 



Wilcox, B. 




Wolfson, L. 

Brookman, L. 

Burlison, L. 



Carter, L. 


Chan, L.

268 8th March 

2005 

Chorley, L. 






Crawley, B. 

D’Souza, B. 

David, B. 



Desai, L. 

Dixon, L. 

Donoughue, L. 

Drayson, L. 

Dubs, L. 

Eatwell, L. 

Elder, L. 





Filkin, L. 


Gale, B. 


Giddens, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 





Gregson, L. 




Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 







Hoyle, L. 



Hylton, L. 

Jones, L. 

Jordan, L. 


Layard, L. 


Leitch, L. 

Lipsey, L. 

Listowel, E. 


McDonagh, B. 







Marsh, L. 


Maxton, L. 


Mitchell, L. 





Nicol, B. 

Paul, L. 

Pendry, L. 

Peston, L. 



Prosser, B. 

Radice, L. 




Rooker, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 


Sewel, L. 

Simon, V. 


Snape, L. 


Strabolgi, L. 

Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 




Warner, L. 

Whitaker, B. 

Whitty, L. 




It was moved by the Lord Kingsland, in Clause 13, page 16, line 4, to leave out subsections (2) to (6); 


Contents … … … … … … 297 


Ackner, L. 

Acton, L. 

Addington, L. 

Alderdice, L. 


Alliance, L. 


Ampthill, L. 


Arran, E. 


Avebury, L. 

Bagri, L. 


Barker, B. 

Barnett, L. 

Bell, L. 

Berkeley, L. 

Blackwell, L. 

Blaker, L. 

CONTENTS 

Bledisloe, V. 


Boothroyd, B. 

Bowness, L. 

Bradshaw, L. 

Brennan, L. 

Bridgeman, V. 

Bridges, L. 


Broers, L. 




Buscombe, B. 

Byford, B. 

Caithness, E. 







Chan, L. 


Chorley, L. 





Colwyn, L. 


Courtown, E. 

Cox, B. 

Craigavon, V. 

Crathorne, L. 


Croham, L. 

Cuckney, L. 


D’Souza, B.


269 



David, B. 


Denham, L. 

Dholakia, L. 



Dundee, E. 

Dykes, L. 




Elton, L. 

Erroll, E. 

Falkland, V. 



Fearn, L. 

Feldman, L. 

Ferrers, E. 

Flather, B. 

Fookes, B. 


Fowler, L. 


Freeman, L. 

Garden, L. 


Geddes, L. 


Glasgow, E. 


Glentoran, L. 

Goodhart, L. 


Goschen, V. 

Greaves, L. 


Greenway, L. 

Hamwee, B. 

Hanham, B. 




Hayhoe, L. 

Hayman, B. 

Henley, L. 

Higgins, L. 


Hogg, B. 


Home, E. 

Hooper, B. 

Hooson, L. 


Howe, E. 






Hylton, L. 

Inglewood, L. 




JoVe, L. 

Judd, L. 

Kalms, L. 


Kimball, L. 

Kingsland, L. 









Lindsay, E. 


Listowel, E. 


Liverpool, E. 



Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 








McNally, L. 

Maddock, B. 

Mallalieu, B. 

Mancroft, L. 

Mar, C. 




Methuen, L. 




Monson, L. 

Montrose, D. 

Moran, L. 


Moser, L. 


Naseby, L. 


Neuberger, B. 

Newby, L. 



Northesk, E. 

Northover, B. 




Onslow, E. 


Oxford, Bp. 

Palmer, L. 


Parkinson, L. 

Patten, L. 

Paul, L. 



Peston, L. 






Prior, L. 


Quirk, L. 

Rawlings, B. 

Razzall, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 



Rennard, L. 

Renton, L. 






Rogan, L. 


Roper, L. 




Saatchi, L. 




Sandberg, L. 


Sandwich, E. 


Seccombe, B. 

Selsdon, L. 

Sewel, L. 

Sharman, L. 


Sharples, B. 


Sheldon, L. 



Skidelsky, L. 

Slim, V. 




Steinberg, L. 

Stern, B. 

Stewartby, L. 




Swinfen, L. 

Taverne, L. 

Tebbit, L. 

Tenby, V. 

Thatcher, B. 





Tombs, L. 

Tope, L.

270 8th March 

2005 

TordoV, L. 

Trefgarne, L. 


Tugendhat, L. 

Ullswater, V. 



Vinson, L. 




Andrews, B. 



Bach, L. 




Borrie, L. 

Brett, L. 


Brookman, L. 

Burlison, L. 


Carter, L. 





Condon, L. 


Crawley, B. 



Dearing, L. 

Desai, L. 

Dixon, L. 

Donoughue, L. 

Drayson, L. 

Elder, L. 






Filkin, L. 


Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warnock, B. 




NOT-CONTENTS 

Gale, B. 

Giddens, L. 

Golding, B. 

Goldsmith, L. 

Goudie, B. 






Harrison, L. 


Haworth, L. 

Henig, B. 






Hoyle, L. 




Jones, L. 

Jordan, L. 


Layard, L. 


Leitch, L. 

Lipsey, L. 

Lockwood, B. 


McDonagh, B. 





Wilcox, B. 







Winston, L. 

Wolfson, L. 



Marsh, L. 


Maxton, L. 





Nicol, B. 

Parekh, L. 

Pendry, L. 




Prosser, B. 

Radice, L. 



Rooker, L. 

Rosser, L. 

Rowlands, L. 


Sawyer, L. 


Simon, V. 


Snape, L. 

Strabolgi, L. 

Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Warner, L. 



It was moved by the Lord Kingsland, in the Schedule, page 19, line 30, to leave out sub-paragraphs (2) 

to (4) and insert: 

“( ) The relevant rules of court shall be made by the Lord Chief Justice after consulting the 

Lord Chancellor.”; 


Contents … … … … … … 232 


Ackner, L. 

Addington, L. 

Alliance, L. 


Ampthill, L. 


CONTENTS 


Avebury, L. 

Barker, B. 


Bell, L. 

Blackwell, L. 

Blaker, L. 


Bowness, L. 

Bradshaw, L. 

Bridgeman, V. 

Brittan of Spennithorne, L.


271 




Buscombe, B. 

Byford, B. 

Caithness, E. 





Chan, L. 

Chorley, L. 



Colwyn, L. 


Courtown, E. 

Cox, B. 

Craigavon, V. 

Crathorne, L. 


Cuckney, L. 




Denham, L. 

Dholakia, L. 


Dundee, E. 

Dykes, L. 




Elton, L. 

Erroll, E. 

Falkland, V. 


Fearn, L. 

Feldman, L. 

Ferrers, E. 

Flather, B. 

Fookes, B. 


Fowler, L. 

Freeman, L. 

Garden, L. 


Geddes, L. 

Glasgow, E. 


Glentoran, L. 

Goodhart, L. 

Goschen, V. 

Greaves, L. 


Hamwee, B. 

Hanham, B. 




Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 


Home, E. 

Hooper, B. 

Hooson, L. 


Howe, E. 






Hylton, L. 

Inglewood, L. 



Kalms, L. 


Kimball, L. 

Kingsland, L. 








Lindsay, E. 


Liverpool, E. 



Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 






McNally, L. 

Maddock, B. 

Mancroft, L. 

Mar, C. 




Methuen, L. 




Montrose, D. 



Naseby, L. 


Neuberger, B. 

Newby, L. 


Northesk, E. 

Northover, B. 




Onslow, E. 

Oxford, Bp. 

Palmer, L. 

Parkinson, L. 

Patten, L. 







Plumb, L. 


Prior, L. 

Rawlings, B. 

Razzall, L. 

Redesdale, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 






Rogan, L. 

Roper, L. 




Saatchi, L. 




Sandberg, L. 



Seccombe, B. 

Selsdon, L. 

Sharman, L. 


Sharples, B. 




Slim, V. 



Steinberg, L. 

Stern, B. 




Swinfen, L. 

Taverne, L. 

Tebbit, L. 

Thatcher, B. 





Tombs, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 


Tugendhat, L. 

Ullswater, V. 


Vinson, L. 


Wakeham, L. 


Walmsley, B. 

Warnock, B. 


Wedderburn of Charlton, L.

272 8th March 

2005 

Wilcox, B. 



Acton, L. 



Andrews, B. 


Bach, L. 



Bhatia, L. 



Bledisloe, V. 

Borrie, L. 

Brett, L. 


Brookman, L. 

Burlison, L. 


Carter, L. 







Crawley, B. 

David, B. 



Dearing, L. 

Desai, L. 

Dixon, L. 

Donoughue, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 





Filkin, L. 

Gale, B. 





NOT-CONTENTS 

Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 







Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 







Hoyle, L. 




Jones, L. 

Jordan, L. 


Layard, L. 


Leitch, L. 

Lipsey, L. 

Lockwood, B. 


McDonagh, B. 







Wolfson, L. 


Maxton, L. 


Mitchell, L. 




Parekh, L. 

Patel, L. 

Pendry, L. 


Prosser, B. 

Radice, L. 





Rooker, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 


Sewel, L. 

Simon, V. 


Snape, L. 


Tenby, V. 

Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 




Warner, L. 

Whitty, L. 




It was moved by the Lord Thomas of Gresford, in the Schedule, page 20, line 10, to leave out paragraph 

4 and insert: 

“4 Rules of court in the exercise of the relevant powers must comply with the United 

Kingdom’s obligations under Article 6 of the European Convention on Human Rights, 

and in particular, must— 

(a) ensure that the relevant party and his legal representatives are given notice of all control order 

proceedings and relevant appeal proceedings and are able to attend for the duration of those 

proceedings, make representations, question witnesses and call evidence subject to the provisions in subparagraph 

(d) below; 

(b) ensure that the Secretary of State supplies to the relevant party and his legal representatives at the 

commencement of control order proceedings, a summary of the allegations made against him; 

(c) make provision for the exclusion of evidence in control proceedings which the Secretary of State 

knows or reasonably suspects has been obtained by torture in any jurisdiction; 

(d) secure that the Secretary of State is required for the purposes of any control order proceedings or 

relevant appeal proceedings to disclose to the relevant court and, subject only to the court’s discretion 

on an application ex parte by the Secretary of State for public interest immunity, to a relevant party any 

relevant material which may harm or assist the relevant party’s case;


273 

(e) ensure that the proceedings shall be determined with a hearing unless all the parties agree to it being 

determined without a hearing.”; 


Contents … … … … … … 76 


Addington, L. 

Alliance, L. 

Avebury, L. 

Barker, B. 


Bradshaw, L. 



Dholakia, L. 

Dykes, L. 

Erroll, E. 

Falkland, V. 


Fearn, L. 

Garden, L. 

Glasgow, E. 


Greaves, L. 


Hamwee, B. 


Haskins, L. 


JoVe, L. 

Judd, L. 

Laird, L. 

Ackner, L. 

Acton, L. 


Ampthill, L. 

Andrews, B. 


Bach, L. 





Bledisloe, V. 

Borrie, L. 

Brett, L. 


Brookman, L. 

Burlison, L. 



Carter, L. 


Chan, L. 

Chorley, L. 



Crawley, B. 

D’Souza, B. 


Desai, L. 

Dixon, L. 


Donoughue, L. 

CONTENTS 






Ludford, B. 



McNally, L. 

Maddock, B. 


Methuen, L. 




Neuberger, B. 

Newby, L. 

Northover, B. 


Oxford, Bp. 

Parekh, L. 




Razzall, L. 

Redesdale, L. 

NOT-CONTENTS 

Drayson, L. 

Dubs, L. 

Elder, L. 







Filkin, L. 


Gale, B. 


Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 





Grenfell, L. 




Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Rennard, L. 





Sandberg, L. 










Tope, L. 

TordoV, L. 




Walmsley, B. 




Henig, B. 






Hoyle, L. 




Jones, L. 


Layard, L. 


Leitch, L. 


Lipsey, L. 

Lockwood, B. 







Mar, C. 


Maxton, L. 


Mitchell, L. 



O’Neill of Bengarve, B.

274 8th March 

2005 

Pendry, L. 





Rooker, L. 

Rosser, L. 

Rowlands, L. 




Sewel, L. 

Simon, V. 


Snape, L. 


Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Warner, L. 

Whitaker, B. 

Whitty, L. 




It was moved by the Lord Kingsland, in the Schedule, page 20, line 11, to leave out from beginning to 

end of line 3 on page 21 and insert: 

“( ) The rules of court must comply with the United Kingdom’s obligations under Article 6 

of the European Convention on Human Rights.”; 


Contents … … … … … … 173* 


Addington, L. 

Alliance, L. 




Barker, B. 

Blackwell, L. 


Bowness, L. 

Bradshaw, L. 




Buscombe, B. 

Byford, B. 

Caithness, E. 



Chester, Bp. 

Chorley, L. 


Colwyn, L. 


Cox, B. 

Craigavon, V. 

Crathorne, L. 



D’Souza, B. 



Denham, L. 

Dholakia, L. 



Dundee, E. 

Dykes, L. 



Elles, B. 

Elton, L. 

Falkland, V. 


Fearn, L. 

Feldman, L. 

Ferrers, E. 

CONTENTS 

Flather, B. 

Fookes, B. 


Garden, L. 

Geddes, L. 

Glasgow, E. 


Glentoran, L. 


Goschen, V. 

Greaves, L. 

Hamwee, B. 

Hanham, B. 




Haskins, L. 

Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 


Howe, E. 




Inglewood, L. 


JoVe, L. 

Judd, L. 

Kalms, L. 

Kimball, L. 

Kingsland, L. 

Laird, L. 




Liverpool, E. 



Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 





McNally, L. 

Maddock, B. 

Mallalieu, B. 

Mancroft, L. 

Mar, C. 




Methuen, L. 




Montrose, D. 



Naseby, L. 

Neuberger, B. 

Newby, L. 


Northesk, E. 

Northover, B. 




Onslow, E. 

Oxford, Bp. 



Plumb, L. 


Prior, L. 

Rawlings, B. 

Razzall, L. 

Redesdale, L. 


Rennard, L. 

Renton, L. 




Roper, L. 


Russell-Johnston, L.


275 


Sandberg, L. 



Seccombe, B. 

Selsdon, L. 


Sharples, B. 





Acton, L. 


Ampthill, L. 

Andrews, B. 


Bach, L. 





Borrie, L. 

Brett, L. 


Brookman, L. 

Burlison, L. 


Carter, L. 





Crawley, B. 



Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 







Filkin, L. 



Stern, B. 


Swinfen, L. 

Thatcher, B. 




Tope, L. 

TordoV, L. 



NOT-CONTENTS 

Gale, B. 


Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 








Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 






Hoyle, L. 




Jones, L. 


Layard, L. 


Leitch, L. 

Lipsey, L. 

Lockwood, B. 

Ullswater, V. 


Wakeham, L. 


Walmsley, B. 



Wilcox, B. 










Maxton, L. 


Mitchell, L. 


Pendry, L. 





Rooker, L. 

Rosser, L. 

Rowlands, L. 




Sewel, L. 

Simon, V. 


Snape, L. 


Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Warner, L. 

Whitty, L. 



* The Tellers for the Contents reported 173 votes; the Clerks recorded 172 names. It was subsequently 

established that L. Shutt of Greetland should have been recorded as voting Content. 

APPENDIX 




moved and (by leave of the Committee) withdrawn; an amendment was agreed to; the 


The Committee was adjourned at nineteen minutes before eight o’clock.

276 9th March 

2005 

Wednesday 9th March 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 



Amos, B. 

Ampthill, L. 

Andrews, B. 


Arran, E. 


Astor, V. 


Avebury, L. 



Barker, B. 

Barnett, L. 



Berkeley, L. 


Best, L. 

Bhatia, L. 


Birt, L. 

Blaker, L. 

Bledisloe, V. 

Blood, B. 

Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 



Brookman, L. 



Burlison, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 






Carter, L. 



Chan, L. 



Chapman, B. 

Chester, Bp. 

Chorley, L. 





Cobbold, L. 

Cockfield, L. 


Colwyn, L. 

Condon, L. 



Courtown, E. 

Cox, B. 

Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Cuckney, L. 




David, B. 




Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

D’Souza, B. 

Dubs, L. 

Dykes, L. 

Eatwell, L. 

Elder, L. 

Elles, B. 


Emerton, B. 

Erroll, E. 



Falkender, B. 

Falkland, V. 




Fearn, L. 

Ferrers, E. 

Fitt, L. 

Flather, B. 

Fookes, B. 


Fowler, L. 



Gale, B. 

Garden, L. 


Gavron, L. 

Geddes, L. 

Giddens, L. 

Gilbert, L. 

Glasgow, E. 


Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goudie, B. 



Greaves, L. 


Greenway, L. 

Gregson, L. 

Grenfell, L. 



Grocott, L. 

Hamwee, B. 

Hanham, B. 






Harrison, L. 


Haskel, L. 


Haworth, L. 

Hayhoe, L. 

Henig, B. 

Henley, L. 





Hooper, B. 

Hooson, L. 


Howe, E. 




Hoyle, L. 




Inge, L. 

Inglewood, L. 

Irvine of Lairg, L.


277 




JoVe, L. 

Jones, L. 

Jordan, L. 

Judd, L. 

Kalms, L. 

Kimball, L. 


Kingsland, L. 


Laird, L. 

Laming, L. 




Layard, L. 


Leitch, L. 


Levy, L. 


Lindsay, E. 


Lipsey, L. 

Listowel, E. 




Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 


McDonagh, B. 











McNally, L. 

Maddock, B. 


Mancroft, L. 

Mar, C. 



Marsh, L. 


Maxton, L. 








Monson, L. 

Montrose, D. 

Moran, L. 

Morgan, L. 







Naseby, L. 


Neuberger, B. 

Newby, L. 


Nicol, B. 

Noakes, B. 



Northesk, E. 



Onslow, E. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 


Parkinson, L. 

Patel, L. 


Paul, L. 


Pendry, L. 

Peston, L. 




Plumb, L. 




Quinton, L. 

Quirk, L. 

Radice, L. 


Rana, L. 


Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rennard, L. 

Renton, L. 


Richard, L. 



Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 


Rowlands, L. 






Sandberg, L. 

Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selsdon, L. 

Sewel, L. 

Sharples, B. 


Sheldon, L. 


Simon, V. 

Skidelsky, L. 

Slim, V. 



Snape, L. 





Steinberg, L. 


Stewartby, L. 


Strabolgi, L. 



Tanlaw, L. 



Tebbit, L. 

Tenby, V. 



Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 

Vinson, L. 


Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 




Whitaker, B. 

Whitty, L. 

Wilcox, B. 







278 9th March 

2005 

PRAYERS were read by the Lord Bishop of Portsmouth. 


1. Kay and others and another (FC) (Petitioners) v. London Borough of Lambeth and others 

(Respondents)—The petition of Gavin Kay, William Gorman, Ian Peter Constantine, Cherry 

Barnett, Christopher Cole, Mieczyslaw Dymny and Thomas Greenhalgh praying for leave to 

appeal was presented and referred to an Appeal Committee. The third petitioner’s certificate 


2. Ridgeway Motors (Isleworth) Limited (Petitioners) v. ALTS Limited (Respondents)—The 

petition of Ridgeway Motors (Isleworth) Limited praying for leave to appeal was presented 


3. Gottlieb and another (Petitioners) v. AXA General Insurance Limited (Respondents)—The 

petition of Clara Gottlieb and Joseph Meyer Gottlieb praying for leave to appeal was 


4. Freakley and others (Petitioners) v. Centre Reinsurance International Company and others 

(Respondents) and one other action—The petition of Simon Vincent Freakley, James John 

Gleave and Gary Peter Squires praying for leave to appeal was presented and referred to an 


5. Telewest Communications plc and others (Respondents) v. Her Majesty’s Commissioners of 

Customs and Excise (Petitioners)—The petition of Her Majesty’s Commissioners of Customs 

and Excise praying for leave to appeal was presented and referred to an Appeal Committee. 

6. Ali (FC) (Respondent) v. Headteacher and Governors of Lord Grey School (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 12th April (the agents for the 

respondent not consenting thereto) was presented; and it was referred to an Appeal 

Committee. The respondent’s certificate of public funding was lodged. 

7. Appeal Committee—The 32nd Report from the Appeal Committee was agreed to and the 


Jackson and others (Petitioners) v. Her Majesty’s Attorney General (Respondent)—That 

leave to appeal be given; and that the petition of appeal be lodged by 23rd March. 

Papers 



Environment—Kyoto Protocol to the United Nations Framework Convention on Climate 

Change. (6485) 

9. AYrmative Instrument—The following Instrument was laid before the House for approval by 


Revised Funding Code prepared by the Legal Services Commission, laid under the Access to 

Justice Act 1999. 


on the Table: 

1. Town and Country Planning (Blight Provisions) (England) Order 2005, laid under the 

Town and Country Planning Act 1990; (406) 

2. Surrey Hampshire Borders National Health Service Trust (Transfer of Trust Property) 

Order 2005, laid under the National Health Service Act 1977; (444) 

3. Pension Protection Fund (Hybrid Schemes) (Modification) Regulations 2005, laid under 

the Pensions Act 2004; (449) 

4. (i) Family Proceedings Fees (Amendment) Order 2005— (472) 

(ii) Civil Proceedings Fees (Amendment) Order 2005— (473) 

(iii) Justices’ Clerks Rules 2005— (545) 

(iv) Justices of the Peace (Size and Chairmanship of Bench) Rules 2005— (553) 

(v) Local Justice Areas Order 2005— (554) 

(vi) Courts Act 2003 (Continuing Provision of Court-houses) Regulations 2005— (562) 

(vii) Justices of the Peace (Training and Appraisal) Rules 2005— (564) 


5. Damages (Government and Health Service Bodies) Order 2005, laid under the Damages 

Act 1996; (474) 

6. (i) Gaming Act 1968 (Variation of Fees) (England and Wales) Order 2005— (566)


279 

(ii) Gaming Act 1968 (Variation of Fees) Order 2005— (567) 

laid under the Gaming Act 1968; 

7. Lotteries (Gaming Board Fees) Order 2005, laid under the Lotteries and Amusements 

Act 1976; (568) 

8. Gaming (Bingo) Act 1985 (Fees) (Amendment) Order 2005, laid under the Gaming 

(Bingo) Act 1985; (570) 

9. (i) Directors’ Remuneration Report Regulations (Northern Ireland) 2005— (—) 

(ii) Companies (1986 Order) (Operating and Financial Review and Directors’ Report 

etc.) Regulations (Northern Ireland) 2005— (—) 




Report on the Reform of the National Health Service Complaints Procedure, laid under 

the Health Service Commissioners Act 1993. 


12. Human Rights—The 12th Report of the Joint Committee, Scrutiny: Fifth Progress Report, 

together with Appendices, was made and ordered to be printed. (HL Paper 77) 

13. Mental Health Bill, Draft—The Report from the Joint Committee was made and ordered to be 

printed, together with the Minutes of Evidence. (HL Paper 79) 




Child Benefit Bill; 

Mental Capacity Bill—Government amendments for Report Stage; 

Constitutional Reform Bill [hl]—Government response and Consideration of Commons 

amendments; 

Prevention of Terrorism Bill—Government response; (HL Paper 80) 

14th Report, on the following Orders: 

Draft Regulatory Reform (National Health Service Charitable and Non-Charitable 

Trust Accounts and Audit) Order 2005; 

Draft Regulatory Reform (Execution of Deeds and Documents) Order 2005; 

Draft Regulatory Reform (Fire Safety) Order 2005. (HL Paper 81) 

15. Constitution Committee—The following reports from the Select Committee were made and 


4th Report, First Progress Report 2004–05; (HL Paper 78) 

5th Report, on the Identity Cards Bill. (HL Paper 82) 


16. Road Safety Bill—A bill to make provision about road traYc, registration plates, vehicle and 

driver information, trunk road picnic areas and private hire vehicles was brought from the 


17. Road Safety Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL 

Bill 39-EN) 

18. Zimbabwe (Balloted debate)—It was moved by the Baroness Park of Monmouth that there be laid 

before the House papers relating to the situation in Zimbabwe; after debate, the motion was 

(by leave of the House) withdrawn. 

19. European Union: United Kingdom presidency (Balloted debate)—It was moved by the Lord 

Dykes that there be laid before the House papers relating to the forthcoming United Kingdom 

presidency of the Council of the European Union from 1st July 2005; after debate, the motion 


20. Railways Bill—The bill was reported from the Grand Committee with amendments; it was ordered 


21. Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) 

(England) Regulations 2005—It was moved by the Lord Rooker that the draft Regulations 

laid before the House on 9th February be approved; after debate, the motion was agreed to.


2005 

22. Non-Domestic Rating (Chargeable Amounts) (England) (Amendment) Regulations 2005—It was 

moved by the Lord Rooker that the draft Regulations laid before the House on 23rd February 

be approved; the motion was agreed to. 

23. Code of Audit Practice for local NHS bodies (2005)—It was moved by the Lord Rooker that the 

draft Code of Audit Practice laid before the House on 27th January be approved; the motion 


24. Code of Audit Practice for local government bodies (2005)—It was moved by the Lord Rooker 

that the draft Code of Audit Practice laid before the House on 27th January be approved; the 


25. Renewables Obligation Order 2005—It was moved by the Lord Triesman that the draft Order laid 

before the House on 9th February be approved; the motion was agreed to. 

26. Prevention of Terrorism Bill—The bill was returned from the Commons with certain Lords 

amendments disagreed to with reasons for such disagreement; with certain other Lords 

amendments disagreed to but with amendments proposed in lieu thereof; with certain other 

Lords amendments disagreed to but with amendments to the words so restored to the bill; with 

certain other Lords amendments agreed to with amendments; and with the remaining Lords 

amendments agreed to; it was ordered that the Commons amendments and reasons be printed. 

(HL Bill 41) 

The House was adjourned at nine o’clock 



APPENDIX 



Railways Bill—The bill was further considered in the Grand Committee; amendments were moved 

and (by leave of the Committee) withdrawn; amendments were agreed to; it was ordered that 

the bill be reported with amendments. 

The Committee was adjourned at twelve minutes past seven o’clock. 

Thursday 10th March 2005 



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283 



1. Regina v. Bentham (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—It 

was moved by the Lord Bingham of Cornhill, That the 26th Report from the Appellate 


Order of the Court of Appeal Criminal Division of 5th December 2003 be set aside; and that 

the Appellant’s conviction at Preston Crown Court on 5th September 2002 on count 2 

(namely, possessing an imitation firearm during the course of robbery, contrary to section 

17(2) of the Firearms Act 1968) be quashed. [2005] UKHL 18 

2. In re B (FC) (Appellant) (2002)— 

3. Regina v. Special Adjudicator (Respondent) ex parte Hoxha (FC) (Appellant)— 

It was moved by the Lord Steyn, on behalf of the Lord Nicholls of Birkenhead, That the 27th 


and adjudged that the orders appealed from be aYrmed and the appeals dismissed with costs; 

and that the amounts thereof, if any, to be paid by the appellants and to be paid out of the 

Community Legal Service Fund be certified by the Clerk of the Parliaments in accordance with 

section 11 of the Access to Justice Act 1999; and that the costs of the appellants in this House 

be taxed in accordance with the Access to Justice Act 1999. [2005] UKHL 19 

4. Law Society (Respondents) v. Sephton & Co (a firm) (Appellants) and another and others 

(Appellants) (England)—The appeal of Sephton & Co, James Arthur Sephton, Philip Leslie 

Houlston and Alexander William Gordon Cunningham was presented and it was ordered that 

in accordance with Standing Order VI the statement and appendix thereto be lodged on or 

before 21st April. 

5. Secretary of State for the Home Department (Respondent) v. Hindawi (FC) (Petitioner) and 

another—The petition of Nezar Hindawi praying for leave to appeal was presented and 

referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged 

(lodged 18th February). 

6. In re J (a child) (FC)—The petition of the appellant praying that the time for lodging the statement 

and appendix and setting down the cause for hearing might be extended to 24th March (the 


7. In re Sinn Fein (Appellants) (Northern Ireland)—The petition of the appellants was presented 

praying that the appeal be withdrawn on the terms agreed between the parties (the agents for 

the respondent consenting thereto); and it was ordered as prayed. 



Papers 



1. Public Administration—Government Response to the Report of the House of Commons 

Public Administration Select Committee on Government by Inquiry; (6481) 

2. Intelligence Services—Report of the Intelligence and Security Committee on the 

Handling of Detainees by United Kingdom Intelligence Personnel in Afghanistan, 

Guantanamo Bay and Iraq. (6469) 


on the Table: 

1. Children and Family Court Advisory and Support Service (Membership, Committee and 

Procedure) Regulations 2005, laid under the Criminal Justice and Court Services Act 

2000; (433) 

2. (i) University Hospital of North StaVordshire National Health Service Trust (Transfer 

of Trust Property) Order 2005— (436) 

(ii) Sunderland Teaching Primary Care Trust (Transfer of Trust Property) Order 2005— 

(456) 

(iii) National Health Service (General Ophthalmic Services Supplementary List) and 

(General Ophthalmic Services Amendment and Consequential Amendment) 


(iv) National Health Service (Optical Charges and Payments) and (General Ophthalmic 

Services) Amendment Regulations 2005— (483) 

(v) National Institute for Clinical Excellence (Establishment and Constitution) 

Amendment Order 2005— (497) 

(vi) National Institute for Clinical Excellence (Amendment) Regulations 2005— (498)


2005 

(vii) Health and Social Care Information Centre (Establishment and Constitution) Order 

2005— (499) 

(viii) Health and Social Care Information Centre Regulations 2005— (500) 

(ix) Special Health Authorities Abolition Order 2005— (502) 

(x) National Health Service Litigation Authority (Establishment and Constitution) 

Amendment Order 2005— (503) 

(xi) National Patient Safety Agency (Establishment and Constitution) Amendment 

Order 2005— (504) 

(xii) National Health Service (Dental Charges) Amendment Regulations 2005— (576) 

(xiii) National Health Service (Charges for Drugs and Appliances) and (Travel Expenses 

and Remission of Charges) Amendment Regulations 2005— (578) 

(xiv) National Health Service Liabilities Schemes Amendment Regulations 2005— (604) 

(xv) National Health Service (Pharmaceutical Services) Regulations 2005— (641) 

laid under the National Health Service Act 1977; 

3. (i) Social Security (Deferral of Retirement Pensions) Regulations 2005— (453) 

(ii) Social Security (Graduated Retirement Benefit) Regulations 2005— (454) 

(iii) Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 2) 


(iv) Social Security (Miscellaneous Amendments) Regulations 2005— (574) 

laid under the Social Security Contributions and Benefits Act 1992; 

4. (i) Social Security (Claims and Payments) Amendment Regulations 2005— (455) 

(ii) Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2005— 

(535) 


5. (i) Smoke Flavourings (England) Regulations 2005— (464) 

(ii) Colours in Food (Amendment) (England) Regulations 2005— (519) 


6. (i) Social Security (Retirement Pensions etc.) (Transitional Provisions) Regulations 

2005— (469) 

(ii) Pension Protection Fund (Entry Rules) Regulations 2005— (590) 

(iii) Register of Occupational and Personal Pension Schemes Regulations 2005— (597) 


7. Road TraYc (NHS Charges) Amendment Regulations 2005, laid under the Road TraYc 

(NHS Charges) Act 1999; (475) 

8. TraYc Management (Strategic Roads in Greater London) Designation Order 2005, laid 

under the TraYc Management Act 2004; (476) 

9. Day Care and Child Minding (Inspections) (Prescribed Matters) (England) 

(Amendment) Regulations 2005, laid under the Children Act 1989; (482) 

10. (i) Care Standards Act 2000 (Relevant Registers of Social Workers) Regulations 2005— 

(491) 

(ii) Commission for Social Care Inspection (Fees and Frequency of Inspections) 

(Amendment) Regulations 2005— (575) 

(iii) National Care Standards Commission (Commission for Social Care Inspection) 

(Fees and Frequency of Inspections) (Adoption Agencies) (Amendment) 


(iv) Commission for Healthcare Audit and Inspection (Fees and Frequency of 

Inspections) (Amendment) Regulations 2005— (647) 

laid under the Care Standards Act 2000; 

11. (i) General Medical Services and Personal Medical Services Transitional and 

Consequential Provisions (Amendment) Order 2005— (518) 

(ii) Health and Social Care (Community Health and Standards) Act 2003 (Commission 

for Healthcare Audit and Inspection) (Transitional Provisions) Order 2005— (631) 

laid under the Health and Social Care (Community Health and Standards) Act 2003; 

12. Health Protection Agency Act 2004 (National Radiological Protection Board and Health 

Protection Agency Special Health Authority (Yr Asiantaeth Diogelu Iechyd)) 

(Consequential Provisions) Order 2005, laid under the Health Protection Agency Act 

2004; (525)


285 

13. LEA Budget, Schools Budget and Individual Schools Budget (Amendment) (England) 

Regulations 2005, laid under the School Standards and Framework Act 1998; (526) 

14. Education (School Teachers’ Pay and Conditions) Order 2005, laid under the School 

Teachers’ Pay and Conditions Act 1991; (539) 

15. Welsh Local Flood Defence Scheme 1996 (Revocation) Order 2005, laid under the 

Environment Act 1995; (548) 

16. (i) Non-Domestic Rating (Communications and Light Railways) (England) 


(ii) Central Rating List (England) Regulations 2005— (551) 

(iii) Non-Domestic Rating (Material Day for List Alterations) (Amendment) (England) 


(iv) Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 

2005— (659) 

laid under the Local Government Finance Act 1988; 

17. (i) Public Audit (Wales) Act 2004 (Transfer of Property, Rights and Liabilities of the 

Audit Commission for Local Authorities and the National Health Service in England 

and Wales) Order 2005— (550) 

(ii) Public Audit (Wales) Act 2004 (Transfer of Property, Rights and Liabilities of the 

Comptroller and Auditor General) Order 2005— (552) 

laid under the Public Audit (Wales) Act 2004; 

18. (i) TSE (England) (Amendment) Regulations 2005— (556) 

(ii) Environmental Stewardship (England) Regulations 2005— (621) 


19. Family Proceedings (Amendment No. 3) Rules 2005, laid under the Matrimonial and 

Family Proceedings Act 1984; (559) 

20. Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005, laid under the 

Nationality, Immigration and Asylum Act 2002; (560) 

21. Asylum and Immigration (Fast Track Time Limits) Order 2005, laid under the Asylum 

and Immigration (Treatment of Claimants, etc.) Act 2004; (561) 

22. (i) Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2005— 

(563) 

(ii) Court Security OYcers (Designation) Regulations 2005— (588) 

(iii) Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005— (617) 

(iv) Collection of Fines (Pilot Schemes) (Amendment No. 2) Order 2005— (642) 


23. (i) Community Legal Service (Funding) (Amendment) Order 2005— (571) 

(ii) Community Legal Service (Financial) (Amendment) Regulations 2005— (589) 

laid under the Access to Justice Act 1999; 

24. Charities (Accounts and Reports) Regulations 2005, laid under the Charities Act 1993; 

(572) 

25. Merchant Shipping (Fees) (Amendment) Regulations 2005, laid under the Merchant 

Shipping Act 1995; (580) 

26. Police Authorities (Lay Justices Selection Panel) Regulations 2005, laid under the Police 

Act 1996; (584) 

27. Family Proceedings Courts (Children Act 1989) (Amendment No. 3) Rules 2005, laid 

under the Magistrates’ Courts Act 1980; (585) 

28. High Court and County Courts Jurisdiction (Amendment) Order 2005, laid under the 

Courts and Legal Services Act 1990; (587) 

29. Civil Legal Aid (General) (Amendment) Regulations 2005, laid under the Legal Aid Act 

1988; (591) 

30. (i) Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2005— 

(592) 

(ii) Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 

2005— (593) 

(iii) Financial Services and Markets Act 2000 (Stakeholder Products) (Amendment) 


laid under the Financial Services and Markets Act 2000;


2005 

31. (i) Asylum Support (Interim Provisions) (Amendment) Regulations 2005— (595) 

(ii) Travel Documents (Fees) (Amendment) Regulations 2005— (653) 

(iii) Immigration (Leave to Remain) (Fees) (Amendment) Regulations 2005— (654) 

laid under the Immigration and Asylum Act 1999; 

32. Local Government (Best Value) Performance Indicators and Performance Standards 

(England) Order 2005, laid under the Local Government Act 1999; (598) 

33. Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code C) Order 

2005, laid under the Police and Criminal Evidence Act 1984; (602) 

34. Children and Family Court Advisory and Support Service (Reviewed Case Referral) 

(Amendment) Regulations 2005, laid under the Children Act 1989; (605) 

35. Communications (Television Licensing) (Amendment) Regulations 2005, laid under the 

Communications Act 2003; (606) 

36. National Assembly for Wales (Conduct of Litigation and Exercise of Rights of Audience) 

Regulations 2005, laid under the Children Act 2004; (607) 

37. Transformational Grants Joint Scheme (Authorisation) Order 2005, laid under the 

National Lottery etc. Act 1993; (608) 

38. Occupational and Personal Pension Schemes (General Levy) Regulations 2005, laid 

under the Pension Schemes Act 1993; (626) 

39. Immigration Employment Document (Fees) (Amendment) Regulations 2005, laid under 

the Nationality, Immigration and Asylum Act 2002; (627) 

40. Penalties for Disorderly Behaviour (Form of Penalty Notice) (Amendment) Regulations 

2005, laid under the Criminal Justice and Police Act 2001; (630) 

41. (i) Gender Recognition (Disclosure of Information) (England, Wales and Northern 

Ireland) Order 2005— (635) 

(ii) Gender Recognition (Application Fees) Order 2005— (638) 

laid under the Gender Recognition Act 2004; 

42. British Nationality (Fees) (Amendment) Regulations 2005, laid under the British 

Nationality Act 1981; (651) 

43. (i) Court of Protection (Amendment) Rules 2005— (667) 

(ii) Court of Protection (Enduring Powers of Attorney) (Amendment) Rules 2005— 

(668) 

laid under the Mental Health Act 1983; 

44. Information and Consultation of Employees Regulations (Northern Ireland) 2005, laid 

under the Northern Ireland Act 2000; (—) 

45. (i) Crown Court (Prosecution Appeals) Rules (Northern Ireland) 2005— (—) 

(ii) Crown Court (Amendment) Rules (Northern Ireland) 2005— (—) 

laid under the Judicature (Northern Ireland) Act 1978. 



1. Statement on the Salary of Viscountess Cobham in her Role as Deputy Chair of the 

British Tourist Authority, laid under the Development of Tourism Act 1969; 

2. Naval and Marine Pay and Pensions (Pay and Allowances) Order 2005, laid under the 

Naval and Marine Pay and Pensions Act 1865. 


11. Crossrail Bill—The Examiner’s Certificate that certain Standing Orders apply to the bill (currently 

before the House of Commons) and that, of those which are applicable, Standing Orders 4, 

4A, 10, 11, 12, 12A, 13, 19, 21, 27, 27A, 31, 32, 33, 35, 36, 37, 41, 42, 43, 45 and 47 have not 

been complied with was delivered and referred to the Standing Orders Committee. 



(Baroness Amos), that the following Unstarred Question be referred to a Grand Committee— 

The Baroness Walmsley—To ask Her Majesty’s Government what progress has been 

made on the recommendations of the United Nations Committee on the Rights of the 

Child Report 2002; 



287 

13. Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of 

Appeal) Regulations 2005—It was moved by the Lord Grocott, on behalf of the Lord 

President (Baroness Amos), that the draft Regulations be referred to a Grand Committee; the 


14. Child Benefit Bill—The order of commitment of 3rd March was discharged and the bill was 

committed to a Committee of the Whole House. 

15. Higher Education (Northern Ireland) Order 2005—It was moved by the Baroness Farrington of 

Ribbleton, on behalf of the Lord President (Baroness Amos), that the order of 7th March 

referring the draft Order to a Grand Committee be discharged; the motion was agreed to. 

16. Mental Capacity Bill—It was moved by the Baroness Ashton of Upholland that, notwithstanding 

the motion agreed to by the House on 22nd February 2005, the amendments for the Report 

stage be marshalled and considered in the following order: 







Clause 59 


17. Prevention of Terrorism Bill—The Commons amendments and reasons were considered; motions 

to insist on certain Lords amendments but not to insist on other amendments, to disagree with 

certain Commons amendments, to propose amendments in lieu of Commons amendments, 

and to propose consequential amendments to the bill were agreed to (see division lists 1 to 4); 

amendments to certain other Commons amendments were agreed to; a Committee was 

appointed to propose a reason for the disagreement and insistences. 

The Lords following were named of the Committee: 


Kingsland, L. 


The Committee reported that they had proposed the following reasons: 

In respect of the disagreement with Commons Amendments 1A and 1B, and the insistence on 

Lords Amendments 12, 13, 15, 17, 22, 28 and 37: 

“Because reasonable suspicion is too low a test; because the authority to conduct a 

prosecution should be the Director of Public Prosecutions and not the chief of the 

relevant police force; and because all control orders should be subject to the same 

procedure before the courts.”; 

In respect of the insistence on Lords amendments 27, 31 and 32: 

“Because the Act ought to be subject to the form of review proposed by the Lords.”; 

In respect of the insistence on Lords amendment 38: 

“Because the Lord Chief Justice not the Lord Chancellor should make the rules of 

court.”; 


“Because it is consequential on Lords amendment 38.”; 


“Because the rules of court ought to comply with Article 6 of the European Convention 

on Human Rights”. 

The Report was agreed to; then the bill was returned to the Commons with amendments and 

reasons. 

18. Consolidated Fund (Appropriation) Bill—A bill to authorise the use of resources for the service 

of the years ending with 31st March 2004 and 31st March 2005 and to apply certain sums out 

of the Consolidated Fund to the service of the years ending with 31st March 2004 and 31st 

March 2005; and to appropriate the supply authorised in this Session of Parliament for the 

service of the years ending with 31st March 2004 and 31st March 2005 was brought from the 

Commons endorsed with the certificate of the Speaker that the bill is a money bill and read a 

first time. 

19. Gambling Bill—The House resolved itself into a Committee upon the bill; amendments were 

moved and (by leave of the Committee) withdrawn; amendments were agreed to; an 

amendment was agreed to (see division list 5); the House was resumed after clause 11 stood 

part.


2005 

20. School Transport Bill—The bill was reported from the Grand Committee without amendment. 



21. Prevention of Terrorism Bill—The bill was returned from the Commons with certain amendments 

to which they have disagreed insisted on; with certain other amendments to which they have 

disagreed insisted on but with amendments proposed in lieu thereof; with certain other Lords 

amendments disagreed to but with amendments to the words so restored to the bill; with 

certain Lords amendments disagreed to; with a Commons amendment not insisted on; and 

with the remaining Lords amendments agreed to without amendment; the Commons 

amendments and reason were considered forthwith; motions to insist on certain Lords 

amendments and to disagree to certain Commons amendments were agreed to (see division 

lists 6 to 8); a motion not to insist on certain other Lords amendments and to agree to certain 

other Commons amendments was agreed to; a Committee was appointed to propose a reason 

for the disagreement and insistences. 



Kingsland, L. 



In respect of the insistence on disagreement with Commons Amendments 1A and 1B; the 

insistence on Lords Amendments 12, 13, 15, 17, 22, 28 and 37, and Lords Amendments 37Q 

to 37T; and the disagreement with Commons Amendments 17H to 17M and 37A to 37O: 

“Because the Lords remain of the view that reasonable suspicion is too low a test; that the 

authority to conduct a prosecution should be the Director of Public Prosecutions and not 

the chief of the relevant police force; and that all control orders should be subject to the 

same procedure before the courts.” 

In respect of the insistence on Lords amendments 27, 31 and 32, and the disagreement with 

the Commons in their Amendments 27C and 27D in lieu thereof : 

“Because they remain of the view that the Act ought to be subject to the form of review 

proposed by the Lords.”; 

In respect of the insistence on Lords amendment 33D and the disagreement with Commons 

Amendments 33A to 33C in lieu thereof: 

“Because it is appropriate that the Act should cease to have eVect as proposed by the 

Lords.” 


reasons. 



22. Prevention of Terrorism Bill—The bill was returned from the Commons with certain Commons 

amendments in lieu insisted on; with certain other amendments to which the Lords have 

disagreed insisted on and with amendments in lieu thereof insisted on; with certain Commons 

amendments to Lords amendments, disagreed to by the Lords, insisted on; with amendments 

to the words to be restored to the bill insisted on; with the Commons disagreement to certain 

Lords amendments and Lords amendments in lieu insisted on; with the Commons 

disagreement to certain Commons amendments to Lords amendments insisted on; and with 

certain Commons amendments to which the Lords have disagreed not insisted on but with 

amendments proposed in lieu thereof; the Commons amendments were considered forthwith; 

motions to insist on certain Lords amendments, to insist on the Lords disagreement with the 

Commons in certain amendments and to disagree with certain other Commons amendments 

were agreed to (see division lists 9 to 11); a Committee was appointed to propose reasons for 

the disagreements and insistences. 



Kingsland, L. 



In respect of the insistence on disagreement with Commons Amendments 1A and 1B; the 

insistence on Lords Amendments 12, 13, 15, 17, 22, 28 and 37, and Lords Amendments 37Q 

to 37T; and the disagreement with Commons Amendments 17H to 17M, 37A to 37C, 37E to 

37O and 37V:


289 

“Because the Lords remain of the view that reasonable suspicion is too low a test; that the 

authority to conduct a prosecution should be the Director of Public Prosecutions and not 

the chief of the relevant police force; and that all control orders should be subject to the 

same procedure before the courts.”; 

In respect of the insistence on Lords amendments 27, 31 and 32, and the disagreement with 

the Commons in their Amendments 27C, 27D and 32D in lieu thereof : 

“Because the Lords remain of the view that the Act ought to be subject to the form of 

review proposed by the Lords.”; 

In respect of the insistence on Lords amendment 33D and the disagreement with the Commons 

in their Amendments 33C, 33F and 33G in lieu thereof: 

“Because it is appropriate that the Act should cease to have eVect as proposed by the 

Lords.” 


reasons. 



23. Prevention of Terrorism Bill—The bill was returned from the Commons with certain Commons 

amendments in lieu insisted on; with certain Commons amendments to Lords amendments, 

disagreed to by the Lords, insisted on; with the Commons’ disagreement to certain other 

amendments and Lords amendments in lieu thereof insisted on; with amendments to words 

to be restored to the bill insisted on; with certain Commons amendments in lieu, disagreed to 

by the Commons, not insisted on; and with amendments proposed in lieu; the Commons 

amendments were considered forthwith; motions to insist on the Lords disagreement with the 

Commons in certain amendments; to disagree with certain Commons amendments; not to 

insist on a Lords amendment and to propose an amendment in lieu thereof were agreed to (see 

division lists 12 and 13); a motion not to insist on certain other Lords amendments and to 

agree with the Commons in their amendments in lieu thereof was agreed to; a Committee was 

appointed to propose a reason for the disagreements and insistences. 



Kingsland, L. 


The Committee reported that they had proposed the following reason: 

In respect of the insistence on Lords amendment 33D and the disagreement with the Commons 

in their Amendments 33C, 33G, 33I and 33J in lieu thereof: 

“Because the Lords remain of the view that it is appropriate that the Act should cease to 

have eVect as proposed by the Lords.” 


a reason. 



24. Prevention of Terrorism Bill—The bill was returned from the Commons with certain amendments 

to a Lords amendment insisted on; with their disagreement to certain other Lords 

amendments and their amendments in lieu thereof insisted on; with their disagreement to 

Lords amendments proposed in lieu of a Lords amendment insisted on; with their 

amendments to words so restored to the bill by their insistence on a disagreement to another 

Lords amendment insisted on; with a Lords amendment in lieu disagreed to; with their 

disagreement to certain other Lords amendments and certain of their amendments in lieu 

thereof insisted on; and with an amendment in lieu, to which the Lords have agreed, not 

insisted on but with an amendment proposed in lieu thereof; the Commons amendments and 

reason were considered forthwith; a motion to insist on the Lords disagreement to certain 

Commons amendments was disagreed to (see division list 14); motions not to insist on the 

Lords disagreement to certain Commons amendments and to agree with certain other 

Commons amendments were agreed to. 




2005 

25. Royal Assent—The Lord Speaker (Lord Brabazon of Tara) notified the Queen’s Assent to the 


Prevention of Terrorism Act c. 2 

The House was adjourned at twenty-nine minutes before eight o’clock 

in the evening of Friday 11th March 


DIVISIONS 



It was moved by the Lord Thomas of Gresford, as an amendment to Motion A moved by the Lord 

Falconer of Thoroton, to leave out from “House” to end and insert “Do disagree with the Commons 

in their Amendments 1A and 1B to Lords Amendment 1, but do agree with the Commons in their 

Amendment 1C to Lords Amendment 1; do not insist on its Amendment 8 to which the Commons have 

disagreed but do propose Amendment 37P in lieu thereof; do not insist on its Amendment 9 to which 

the Commons have disagreed; do insist on its amendments 12, 13, 15, 17, 22, 28 and 37 and do disagree 

with the Commons in their Amendments 37A to 37O in lieu of those Lords amendments; do agree with 

the Commons in their Amendments 16A to 16G to Lords amendment 16 and their Amendment 23A to 

Lords Amendment 23; and do propose Amendments 37R to 37T as consequential amendments to the 

bill”; which being objected to, the question was put thereupon, and the House divided: 

Contents … … … … … … 214 


Ackner, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 


Ampthill, L. 


Ashcroft, L. 


Avebury, L. 



Bell, L. 

Bledisloe, V. 


Bradshaw, L. 

Bridgeman, V. 

Bridges, L. 




Buscombe, B. 

Byford, B. 

Caithness, E. 






Chorley, L. 


Cobbold, L. 


Colwyn, L. 


Courtown, E. 

Craigavon, V. 

Crathorne, L. 


CONTENTS 

Cuckney, L. 



Denham, L. 

Dholakia, L. 



Dykes, L. 




Elton, L. 

Emerton, B. 

Falkland, V. 


Fearn, L. 

Feldman, L. 

Ferrers, E. 


Fookes, B. 


Fowler, L. 


Freeman, L. 

Garden, L. 



Geddes, L. 

Glasgow, E. 

Glentoran, L. 

Goodhart, L. 

Goschen, V. 

Greaves, L. 


Greenway, L. 


Hamwee, B. 

Hanham, B. 



Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 

Home, E. 

Hooper, B. 

Hooson, L. 


Howe, E. 






JoVe, L. 

Judd, L. 

Kalms, L. 


Kimball, L. 

Kingsland, L. 






Liverpool, E. 



Ludford, B. 

Luke, L. 

Lyell, L. 





McNally, L. 

Maddock, B.


291 

Mallalieu, B. 

Mancroft, L. 








Montrose, D. 



Moran, L. 




Neuberger, B. 

Newby, L. 


Northesk, E. 

Northover, B. 





Onslow, E. 








Acton, L. 


Andrews, B. 



Bach, L. 





Blood, B. 

Borrie, L. 

Brett, L. 


Brookman, L. 


Carter, L. 





Crawley, B. 

David, B. 



Dearing, L. 

Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 






Plumb, L. 


Quinton, L. 

Rawlings, B. 

Razzall, L. 

Redesdale, L. 

Rennard, L. 

Renton, L. 







Saatchi, L. 



Sandwich, E. 



Selborne, E. 


Selsdon, L. 


Sharples, B. 


Sheldon, L. 





Stern, B. 

NOT-CONTENTS 



Filkin, L. 


Gale, B. 

Gavron, L. 


Giddens, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 







Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 





Hoyle, L. 





Jones, L. 

Jordan, L. 

Stewartby, L. 



Swinfen, L. 

Taverne, L. 

Tenby, V. 

Thatcher, B. 




Tope, L. 

TordoV, L. 

Trefgarne, L. 


Tugendhat, L. 

Ullswater, V. 




Wakeham, L. 



Walmsley, B. 

Walpole, L. 



Wilcox, B. 



Wolfson, L. 





Layard, L. 

Leitch, L. 

Lipsey, L. 

Lockwood, B. 









Maxton, L. 


Mitchell, L. 





Nicol, B. 


Palmer, L. 

Patel, L. 

Pendry, L. 


Radice, L. 




Richard, L. 

Richardson of Calow, B.


2005 

Rooker, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 


Sewel, L. 

Simon, V. 


Strabolgi, L. 


Thornton, B. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 



Warner, L. 

Waverley, V. 

Whitty, L. 


Winston, L. 



It was moved by the Lord Kingsland, as an amendment to Motion C moved by the Baroness Scotland 

of Asthal, to leave out from “House” to end and insert “do insist on its Amendments 27, 31 and 32”; 


Contents … … … … … … 225 


Ackner, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 


Ampthill, L. 


Arran, E. 

Ashcroft, L. 


Avebury, L. 



Barker, B. 


Bell, L. 

Bledisloe, V. 


Boothroyd, B. 

Bowness, L. 

Bradshaw, L. 

Bramall, L. 

Bridgeman, V. 

Bridges, L. 




Buscombe, B. 

Byford, B. 






Chorley, L. 


Cobbold, L. 

Colwyn, L. 


Courtown, E. 

Craigavon, V. 

Crathorne, L. 


Cuckney, L. 

D’Souza, B. 




Denham, L. 

CONTENTS 

Dholakia, L. 



Dykes, L. 





Elton, L. 

Emerton, B. 

Falkland, V. 


Fearn, L. 

Feldman, L. 

Ferrers, E. 


Fookes, B. 


Fowler, L. 

Freeman, L. 

Garden, L. 



Geddes, L. 

Glasgow, E. 


Glentoran, L. 


Goschen, V. 

Greaves, L. 


Greenway, L. 


Hamwee, B. 

Hanham, B. 



Haskins, L. 

Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 

Home, E. 

Hooper, B. 

Hooson, L. 


Howe, E. 




Hylton, L. 



JoVe, L. 

Kalms, L. 


Kimball, L. 

Kingsland, L. 



Laird, L. 




Liverpool, E. 



Ludford, B. 

Luke, L. 

Lyell, L. 




McNally, L. 

Maddock, B. 


Mallalieu, B. 

Mancroft, L. 








Monson, L. 

Montrose, D. 


Moran, L. 


Moser, L. 



Naseby, L. 

Neuberger, B. 

Newby, L. 

Newton of Braintree, L.


293 


Northesk, E. 

Northover, B. 




Onslow, E. 







Plumb, L. 


Quirk, L. 

Rawlings, B. 

Razzall, L. 

Redesdale, L. 

Rennard, L. 

Renton, L. 





Roper, L. 






Sandberg, L. 

Sandwich, E. 



Selborne, E. 


Selsdon, L. 


Sharples, B. 


Sheldon, L. 


Slim, V. 




Stern, B. 

Stewartby, L. 




Swinfen, L. 

Taverne, L. 

Tenby, V. 

Thatcher, B. 




Tombs, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 


Ullswater, V. 



Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Wilcox, B. 



Wolfson, L. 


Acton, L. 


Andrews, B. 


Bach, L. 





Blood, B. 

Borrie, L. 

Bragg, L. 

Brett, L. 


Brookman, L. 


Carter, L. 





Crawley, B. 

David, B. 




Dearing, L. 

Desai, L. 

Dixon, L. 

Donoughue, L. 

Drayson, L. 

Dubs, L. 







Filkin, L. 


NOT-CONTENTS 

Gale, B. 

Gavron, L. 


Giddens, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 






Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 





Hoyle, L. 




Jones, L. 

Jordan, L. 

Judd, L. 



Layard, L. 

Lipsey, L. 

Lockwood, B. 







Marsh, L. 


Maxton, L. 



Mitchell, L. 


Morgan, L. 





Nicol, B. 

Paul, L. 

Pendry, L. 






Rooker, L. 

Rosser, L. 

Rowlands, L. 


Sawyer, L. 


Sewel, L. 

Simon, V. 

Skidelsky, L. 


Strabolgi, L. 


Thornton, B. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Wall of New Barnet, B.


2005 

Warner, L. 


Whitaker, B. 

Whitty, L. 


Winston, L. 




It was moved by the Baroness Hayman, as an amendment to Motion D moved by the Baroness Scotland 

of Asthal, to leave out from “33,” to end and insert “do disagree with the Commons in their 

Amendments 33A to 33C in lieu thereof, and do propose Amendment 33D in lieu of Lords Amendment 

33”; which being objected to, the question was put thereupon, and the House divided: 

Contents … … … … … … 250 


Ackner, L. 

Addington, L. 

Alderdice, L. 


Ampthill, L. 


Arran, E. 

Ashcroft, L. 

Astor, V. 


Avebury, L. 



Barker, B. 


Bell, L. 

Best, L. 

Bledisloe, V. 


Boothroyd, B. 

Bowness, L. 

Bradshaw, L. 

Bramall, L. 

Bridgeman, V. 

Bridges, L. 




Buscombe, B. 

Byford, B. 






Chorley, L. 



Cobbold, L. 


Colwyn, L. 


Courtown, E. 

Craigavon, V. 

Crathorne, L. 


Cuckney, L. 

D’Souza, B. 




Dearing, L. 

Denham, L. 

Dholakia, L. 

CONTENTS 



Dykes, L. 




Elles, B. 


Falkland, V. 


Fearn, L. 

Feldman, L. 

Ferrers, E. 


Fookes, B. 


Fowler, L. 

Freeman, L. 

Garden, L. 



Gavron, L. 

Geddes, L. 


Glasgow, E. 


Glentoran, L. 

Goodhart, L. 


Goschen, V. 

Greaves, L. 


Greenway, L. 


Hamwee, B. 

Hanham, B. 



Haskins, L. 

Hayhoe, L. 

Hayman, B. [Teller] 

Henley, L. 

Higgins, L. 



Hogg, B. 

Home, E. 

Hooper, B. 

Hooson, L. 


Howe, E. 




Hylton, L. 



JoVe, L. 

Judd, L. 

Kalms, L. 



Kimball, L. 

Kingsland, L. 



Laird, L. 





Listowel, E. 

Liverpool, E. 



Ludford, B. 

Luke, L. 

Lyell, L. 




Maclennan of Rogart, L. [Teller] 

McNally, L. 

Maddock, B. 


Mallalieu, B. 

Mancroft, L. 








Monson, L. 

Montrose, D. 



Moran, L. 

Morgan, L. 



Moser, L. 



Naseby, L. 

Neuberger, B. 

Newby, L.


295 



Northesk, E. 

Northover, B. 




Onslow, E. 







Plumb, L. 



Quirk, L. 

Rawlings, B. 

Razzall, L. 

Redesdale, L. 

Rennard, L. 

Renton, L. 


Rix, L. 




Roper, L. 






Sandberg, L. 

Sandwich, E. 


Seccombe, B. 

Selborne, E. 


Selsdon, L. 


Sharples, B. 


Sheldon, L. 


Slim, V. 




Stern, B. 

Stewartby, L. 





Swinfen, L. 

Taverne, L. 

Tenby, V. 

Thatcher, B. 




Tombs, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 


Turnberg, L. 


Ullswater, V. 




Wakeham, L. 



Walmsley, B. 

Walpole, L. 



Whitaker, B. 

Wilcox, B. 



Winston, L. 




Andrews, B. 


Bach, L. 





Blood, B. 

Borrie, L. 

Bragg, L. 

Brett, L. 


Brookman, L. 


Carter, L. 



Crawley, B. 

David, B. 




Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 







Filkin, L. 

NOT-CONTENTS 


Gale, B. 

Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 

Goudie, B. 






Harrison, L. 


Haworth, L. 

Henig, B. 




Hoyle, L. 




Jones, L. 

Jordan, L. 



Layard, L. 

Leitch, L. 

Lipsey, L. 

Lockwood, B. 


McDonagh, B. 





Marsh, L. 


Maxton, L. 



Mitchell, L. 



Nicol, B. 

Pendry, L. 




Rooker, L. 

Rosser, L. 

Rowlands, L. 


Sawyer, L. 


Simon, V. 


Thornton, B. 

Triesman, L. 

Truscott, L. 



Warner, L. 


Whitty, L. 




2005 


It was moved by the Lord Kingsland, as an amendment to Motion E moved by the Lord Falconer of 

Thoroton, to leave out from “House” to end and insert “do insist on its Amendments 38, 39 and 40 to 

which the Commons have disagreed, do not insist on its Amendment 42 and do disagree with the 

Commons in their Amendments 42A to 42C in lieu thereof, but do propose Amendments 42D and 42E 

in lieu of Lords Amendment 42”; which being objected to, the question was put thereupon, and the 


Contents … … … … … … 200 


Ackner, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 


Alliance, L. 

Ampthill, L. 


Ashcroft, L. 

Astor, V. 


Avebury, L. 




Bell, L. 

Berkeley, L. 


Bradshaw, L. 

Bridgeman, V. 




Buscombe, B. 

Byford, B. 




Chorley, L. 



Courtown, E. 

Crathorne, L. 


Cuckney, L. 



Denham, L. 

Dholakia, L. 



Dykes, L. 




Elles, B. 


Elton, L. 

Falkland, V. 


Fearn, L. 

Feldman, L. 

Ferrers, E. 

Fookes, B. 


Fowler, L. 

CONTENTS 

Freeman, L. 

Garden, L. 



Geddes, L. 

Glasgow, E. 


Glentoran, L. 

Goodhart, L. 

Goschen, V. 

Greaves, L. 


Greenway, L. 

Hamwee, B. 

Hanham, B. 



Haskins, L. 

Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 

Home, E. 


Howe, E. 



Hylton, L. 



Judd, L. 

Kalms, L. 


Kimball, L. 

Kingsland, L. 



Laird, L. 





Liverpool, E. 



Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 



McNally, L. 

Maddock, B. 


Mancroft, L. 








Monson, L. 

Montrose, D. 



Moser, L. 


Murphy, B. 


Naseby, L. 

Neuberger, B. 

Newby, L. 


Northesk, E. 

Northover, B. 




Onslow, E. 








Plumb, L. 


Quirk, L. 

Rawlings, B. 

Razzall, L. 

Redesdale, L. 

Renton, L. 




Roper, L. 




Sandberg, L. 

Sandwich, E. 


Seccombe, B. 

Selborne, E. 


Selsdon, L. 


Sharples, B. 

Shaw of Northstead, L.


297 

Sheldon, L. 


Slim, V. 





Stern, B. 



Taverne, L. 

Acton, L. 


Andrews, B. 


Bach, L. 





Bledisloe, V. 

Blood, B. 

Borrie, L. 

Bragg, L. 

Brett, L. 


Brookman, L. 


Carter, L. 





Crawley, B. 

D’Souza, B. 




Desai, L. 

Dixon, L. 

Donoughue, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 







Filkin, L. 


Gale, B. 

Gavron, L. 

Tenby, V. 

Thatcher, B. 



Tombs, L. 

Tope, L. 

TordoV, L. 


Ullswater, V. 



NOT-CONTENTS 


Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 







Harrison, L. 


Haworth, L. 

Hayman, B. 

Henig, B. 





Hoyle, L. 




Jones, L. 

Jordan, L. 




Layard, L. 

Leitch, L. 

Lipsey, L. 

Lockwood, B. 


McDonagh, B. 







Marsh, L. 

GAMBLING BILL 




Walmsley, B. 


Wilcox, B. 






Maxton, L. 



Mitchell, L. 

Morgan, L. 





Pendry, L. 



Radice, L. 




Richard, L. 


Rooker, L. 

Rosser, L. 

Rowlands, L. 


Sawyer, L. 


Sewel, L. 

Simon, V. 

Snape, L. 


Strabolgi, L. 


Thornton, B. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 



Warner, L. 



Winston, L. 



It was moved by the Baroness Buscombe, in Clause 7, page 3, line 42, at end to insert: 

“( ) In this Act “casino premises” means premises in respect of which a casino premises licence 

has been granted under section 148(1)(a).”; 

which being objected to, the question was put thereupon, and the Committee divided: 

Contents … … … … … … 123 



2005 

Addington, L. 

Alderdice, L. 

Ampthill, L. 


Ashcroft, L. 


Avebury, L. 

Barker, B. 



Bowness, L. 

Bradshaw, L. 


Buscombe, B. 

Byford, B. 



Colwyn, L. 


Courtown, E. 


D’Souza, B. 

Denham, L. 

Dholakia, L. 


Dykes, L. 


Elles, B. 

Elton, L. 

Falkland, V. 


Fearn, L. 

Ferrers, E. 

Fookes, B. 

Fowler, L. 

Freeman, L. 

Garden, L. 


Geddes, L. 

Glentoran, L. 

Goodhart, L. 


Andrews, B. 


Bach, L. 





Bragg, L. 


Brookman, L. 


Carter, L. 







Crawley, B. 



Desai, L. 

Donoughue, L. 

CONTENTS 

Greaves, L. 

Hamwee, B. 

Hanham, B. 



Higgins, L. 


Hooper, B. 

Hooson, L. 

Howe, E. 



Hylton, L. 



Kimball, L. 

Kingsland, L. 


Layard, L. 


Liverpool, E. 


Lucas, L. 

Luke, L. 

Lyell, L. 



Maddock, B. 






Monson, L. 

Montrose, D. 



Naseby, L. 

Newby, L. 



NOT-CONTENTS 

Drayson, L. 

Elder, L. 

Erroll, E. 







Filkin, L. 

Gale, B. 

Gavron, L. 


Gilbert, L. 

Golding, B. 

Goldsmith, L. 

Goudie, B. 





Hayman, B. 

Henig, B. 











Rawlings, B. 

Redesdale, L. 

Renton, L. 



Rogan, L. 

Roper, L. 














Stewartby, L. 



Tope, L. 

TordoV, L. 




Wakeham, L. 


Walmsley, B. 

Wilcox, B. 



Hoyle, L. 






Jones, L. 

Jordan, L. 



Leitch, L. 

Lipsey, L. 

Lockwood, B. 







Maxton, L. 

Mitchell, L. 


Pendry, L.


299 


Prosser, B. 




Rosser, L. 


Sawyer, L. 


Sewel, L. 

Simon, V. 

Snape, L. 



Tenby, V. 


Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 




Warner, L. 



Whitaker, B. 

Whitty, L. 



Winston, L. 





Falconer of Thoroton, to leave out from “House” to end and insert “Do insist on its disagreement with 

the Commons in their Amendments 1A and 1B to Lords Amendment 1; do insist on its Amendments 

37Q to 37T in lieu of Lords Amendment 8 to which the Commons have disagreed; do insist on their 

insistence on Lords Amendments 12, 13, 15, 17, 22, 28 and 37 in respect of which the Commons have 

insisted on their disagreement and do insist on their disagreement with the Commons in their 

Amendments 37A to 37O in lieu of those Lords Amendments; and do disagree with the Commons in 

their Amendments 17H to 17M to the words restored to the bill by the Commons insistence on their 

disagreement to Lords Amendment 17”; which being objected to, the question was put thereupon, and 

the House divided: 

Contents … … … … … … 182 


Ackner, L. 

Addington, L. 

Ahmed, L. 

Alliance, L. 

Ampthill, L. 


Arran, E. 

Ashcroft, L. 

Astor, V. 


Avebury, L. 


Barker, B. 


Bell, L. 

Blackwell, L. 


Bowness, L. 

Bradshaw, L. 

Bridgeman, V. 




Buscombe, B. 

Byford, B. 





Courtown, E. 

Craigavon, V. 



Denham, L. 

Dholakia, L. 


CONTENTS 


Dykes, L. 



Elles, B. 

Elton, L. 

Erroll, E. 

Falkland, V. 


Fearn, L. 

Ferrers, E. 


Fookes, B. 


Fowler, L. 

Freeman, L. 

Freyberg, L. 

Garden, L. 



Geddes, L. 


Glentoran, L. 

Goodhart, L. 

Goschen, V. 

Greaves, L. 


Hamwee, B. 

Hanham, B. 



Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 

Home, E. 

Hooper, B. 


Howe, E. 





Kalms, L. 


Kimball, L. 


Kingsland, L. 



Laird, L. 




Liverpool, E. 



Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 



McNally, L. 

Maddock, B. 


Mancroft, L. 






2005 




Monson, L. 

Montrose, D. 




Neuberger, B. 

Newby, L. 



Northesk, E. 

Northover, B. 




Onslow, E. 





Rawlings, B. 

Razzall, L. 

Redesdale, L. 

Rennard, L. 

Renton, L. 




Rogan, L. 





Saatchi, L. 





Selborne, E. 


Selsdon, L. 







Stewartby, L. 




Taverne, L. 

Thatcher, B. 





Tope, L. 

TordoV, L. 


Ullswater, V. 



Wakeham, L. 



Walmsley, B. 



Wilcox, B. 



Alli, L. 

Andrews, B. 


Bach, L. 




Bragg, L. 

Brett, L. 


Brookman, L. 


Carter, L. 





Crawley, B. 



Desai, L. 

Donoughue, L. 

Drayson, L. 

Eatwell, L. 

Elder, L. 







Filkin, L. 

Gale, B. 

Gavron, L. 


Giddens, L. 

Gilbert, L. 

NOT-CONTENTS 

Golding, B. 

Goldsmith, L. 

Goudie, B. 








Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 





Hoyle, L. 






Jones, L. 

Layard, L. 

Leitch, L. 

Lipsey, L. 

Listowel, E. 

Lockwood, B. 

McDonagh, B. 








Maxton, L. 

Mitchell, L. 




Pendry, L. 






Richard, L. 

Rooker, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 


Simon, V. 

Snape, L. 




Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Warner, L. 

Whitaker, B. 

Whitty, L. 




301 


It was moved by the Lord Kingsland to move, as an amendment to Motion B moved by the Lord 

Falconer of Thoroton, to leave out from “House” to end and insert “do insist on Lords Amendments 

27, 31 and 32 and do disagree with the Commons in their Amendments 27C and 27D in lieu thereof”; 


Contents … … … … … … 178 


Ackner, L. 

Addington, L. 

Ahmed, L. 

Alliance, L. 

Ampthill, L. 


Arran, E. 

Ashcroft, L. 

Astor, V. 


Avebury, L. 


Barker, B. 

Bell, L. 

Blackwell, L. 


Bowness, L. 

Bradshaw, L. 

Bridgeman, V. 




Buscombe, B. 

Byford, B. 





Craigavon, V. 



Denham, L. 

Dholakia, L. 



Dykes, L. 



Elles, B. 

Elton, L. 

Falkland, V. 


Fearn, L. 

Ferrers, E. 


Fookes, B. 


Fowler, L. 

Freeman, L. 

Freyberg, L. 

Garden, L. 



Geddes, L. 


Glentoran, L. 


Goschen, V. 

CONTENTS 

Greaves, L. 


Hamwee, B. 

Hanham, B. 



Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 

Home, E. 

Hooper, B. 


Howe, E. 





Kalms, L. 


Kimball, L. 


Kingsland, L. 



Laird, L. 




Liverpool, E. 



Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 



McNally, L. 

Maddock, B. 


Mancroft, L. 








Monson, L. 

Montrose, D. 




Neuberger, B. 

Newby, L. 



Northesk, E. 

Northover, B. 




Onslow, E. 





Rawlings, B. 

Razzall, L. 

Redesdale, L. 

Rennard, L. 

Renton, L. 




Rogan, L. 

Roper, L. 




Saatchi, L. 




Seccombe, B. 

Selborne, E. 


Selsdon, L. 







Stewartby, L. 




Taverne, L. 

Thatcher, B. 





Tope, L. 

TordoV, L. 


Ullswater, V. 



Wakeham, L. 



Walmsley, B.


2005 



Alli, L. 

Andrews, B. 


Bach, L. 




Bragg, L. 

Brett, L. 


Brookman, L. 


Carter, L. 




Crawley, B. 



Desai, L. 

Donoughue, L. 

Drayson, L. 

Eatwell, L. 

Elder, L. 







Filkin, L. 

Gale, B. 

Gavron, L. 


Giddens, L. 

Gilbert, L. 

Golding, B. 

Wilcox, B. 


NOT-CONTENTS 

Goldsmith, L. 

Goudie, B. 







Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 





Hoyle, L. 






Jones, L. 

Layard, L. 

Leitch, L. 

Lipsey, L. 

Lockwood, B. 

McDonagh, B. 








Maxton, L. 

Mitchell, L. 




Pendry, L. 






Richard, L. 

Rooker, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 


Sewel, L. 

Simon, V. 

Snape, L. 




Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Warner, L. 

Whitaker, B. 

Whitty, L. 


Winston, L. 



It was moved by the Lord Kingsland to move, as an amendment to Motion C moved by the Lord 

Falconer of Thoroton, to leave out from “House” to end and insert “do insist on its Amendment 33D 

and do disagree with the Commons in their Amendments 33A to 33C in lieu thereof”; which being 

objected to, the question was put thereupon, and the House divided: 

Contents … … … … … … 192 


Ackner, L. 

Addington, L. 

Ahmed, L. 

Alliance, L. 

Ampthill, L. 


Arran, E. 

Ashcroft, L. 

Astor, V. 


Avebury, L. 


Barker, B. 

Bell, L. 

Blackwell, L. 

CONTENTS 

Bledisloe, V. 


Bowness, L. 

Bradshaw, L. 

Bridgeman, V. 




Buscombe, B. 

Byford, B. 



Chorley, L. 


Cobbold, L. 


Craigavon, V. 



D’Souza, B. 


Denham, L. 

Dholakia, L. [Teller] 



Dykes, L. 



Elles, B. 

Elton, L.


303 

Falkland, V. 


Fearn, L. 

Ferrers, E. 


Fookes, B. 


Fowler, L. 

Freeman, L. 

Freyberg, L. 

Garden, L. 



Geddes, L. 


Glentoran, L. 

Goodhart, L. 

Goschen, V. 

Greaves, L. 



Hamwee, B. 

Hanham, B. 



Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 

Home, E. 

Hooper, B. 


Howe, E. 





JoVe, L. 

Kalms, L. 


Kimball, L. 


Kingsland, L. 



Laird, L. 



Alli, L. 

Andrews, B. 


Bach, L. 




Bragg, L. 

Brett, L. 


Brookman, L. 


Carter, L. 




Crawley, B. 



Listowel, E. 

Liverpool, E. 



Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 



McNally, L. 

Maddock, B. 


Mancroft, L. 








Monson, L. 

Montrose, D. 




Neuberger, B. 

Newby, L. 



Northesk, E. 

Northover, B. 





Onslow, E. 

Owen, L. 





Rawlings, B. 

Razzall, L. 

Redesdale, L. 

Rennard, L. 

Renton, L. 


NOT-CONTENTS 


Desai, L. 

Donoughue, L. 

Drayson, L. 

Elder, L. 







Filkin, L. 

Gale, B. 

Gavron, L. 


Giddens, L. 

Gilbert, L. 

Golding, B. 




Rogan, L. 

Roper, L. 




Saatchi, L. 




Seccombe, B. 

Selborne, E. 


Selsdon, L. 



Sheldon, L. 





Stern, B. 

Stewartby, L. 




Taverne, L. 

Thatcher, B. 





Tope, L. 

TordoV, L. 


Ullswater, V. 



Wakeham, L. 



Walmsley, B. 



Wilcox, B. 



Goldsmith, L. 

Goudie, B. 







Harrison, L. 


Haskel, L. 

Haworth, L. 

Henig, B. 





Hoyle, L.


2005 






Jones, L. 

Layard, L. 

Leitch, L. 

Lipsey, L. 

Lockwood, B. 

McDonagh, B. 








Maxton, L. 

Mitchell, L. 




Pendry, L. 






Richard, L. 

Rooker, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 


Simon, V. 

Snape, L. 




Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Warner, L. 

Whitaker, B. 

Whitty, L. 





Falconer of Thoroton, to leave out from “House” to end and insert “do insist on its disagreement with 

the Commons in their Amendments 1A and 1B to Lords Amendment 1; do insist on its Amendments 

37Q to 37T in lieu of Lords Amendment 8 to which the Commons have insisted on their disagreement; 

do insist on its insistence on Lords Amendments 12, 13, 15, 17, 22, 28 and 37 in respect of which the 

Commons have insisted on their disagreement and do insist on their disagreement with the Commons 

in their Amendments 37A to 37C and 37E to 37O in lieu of those Lords Amendments; do insist on their 

disagreement with the Commons in their Amendments 17H to 17M to the words restored to the bill by 

the Commons insistence on their disagreement to Lords Amendment 17; and do disagree with the 

Commons in their Amendment 37V in lieu”; which being objected to, the question was put thereupon, 

and the House divided:. 

Contents … … … … … … 153 


Addington, L. 

Ahmed, L. 

Alliance, L. 


Arran, E. 

Ashcroft, L. 

Astor, V. 


Avebury, L. 


Barker, B. 

Bell, L. 


Bradshaw, L. 

Bridgeman, V. 




Buscombe, B. 

Byford, B. 







Denham, L. 

Dholakia, L. 



Dykes, L. 

CONTENTS 



Elles, B. 

Elton, L. 

Falkland, V. 


Ferrers, E. 

Fookes, B. 


Fowler, L. 

Freeman, L. 

Freyberg, L. 

Garden, L. 



Geddes, L. 


Glentoran, L. 

Goodhart, L. 

Goschen, V. 

Greaves, L. 

Hamwee, B. 

Hanham, B. 



Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 

Home, E. 

Hooper, B. 





Kalms, L. 


Kimball, L. 


Kingsland, L. 






Liverpool, E. 



Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 



McNally, L. 

Maddock, B. 


Mancroft, L. 





305 



Montrose, D. 



Naseby, L. 


Neuberger, B. 

Newby, L. 



Northesk, E. 

Northover, B. 




Onslow, E. 




Alli, L. 

Andrews, B. 


Bach, L. 




Bragg, L. 

Brett, L. 


Brookman, L. 


Carter, L. 




Crawley, B. 



Desai, L. 

Drayson, L. 

Elder, L. 






Filkin, L. 

Gale, B. 

Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 


Razzall, L. 

Redesdale, L. 

Rennard, L. 


Rogan, L. 





Saatchi, L. 



Selborne, E. 


Selsdon, L. 





NOT-CONTENTS 

Goudie, B. 








Haskel, L. 

Haworth, L. 

Henig, B. 



Hoyle, L. 




Jones, L. 

Layard, L. 

Leitch, L. 

Lipsey, L. 

Listowel, E. 

Lockwood, B. 

McDonagh, B. 







Maxton, L. 

Mitchell, L. 



Stewartby, L. 



Taverne, L. 



Tope, L. 

TordoV, L. 

Ullswater, V. 



Wakeham, L. 



Walmsley, B. 



Wilcox, B. 






Radice, L. 



Richard, L. 

Rooker, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 


Sewel, L. 

Simon, V. 




Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Warner, L. 

Whitaker, B. 

Whitty, L. 


Winston, L. 



It was moved by the Lord Kingsland, as an amendment to Motion B moved by the Baroness Scotland 

of Asthal, to leave out from “House” to end and insert “do insist on Lords Amendments 27, 31 and 32; 

do insist on its disagreement with the Commons in their Amendments 27C and 27D in lieu thereof; and 

do disagree with the Commons in their Amendment 32D in lieu”; which being objected to, the question 

was put thereupon, and the House divided: 

Contents … … … … … … 155 



2005 

Addington, L. 

Ahmed, L. 

Alliance, L. 


Arran, E. 

Ashcroft, L. 

Astor, V. 


Avebury, L. 


Barker, B. 

Bell, L. 

Blackwell, L. 


Bradshaw, L. 

Bridgeman, V. 




Buscombe, B. 

Byford, B. 







Denham, L. 

Dholakia, L. 



Dykes, L. 



Elles, B. 

Elton, L. 

Falkland, V. 


Ferrers, E. 

Fookes, B. 


Fowler, L. 

Freeman, L. 

Freyberg, L. 

Garden, L. 



Geddes, L. 


Glentoran, L. 


Goschen, V. 

CONTENTS 

Greaves, L. 

Hamwee, B. 

Hanham, B. 



Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 

Home, E. 

Hooper, B. 





Kalms, L. 


Kimball, L. 


Kingsland, L. 






Liverpool, E. 



Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 



McNally, L. 

Maddock, B. 


Mancroft, L. 






Montrose, D. 



Naseby, L. 


Neuberger, B. 

Newby, L. 



Northesk, E. 

Northover, B. 




Onslow, E. 





Razzall, L. 

Redesdale, L. 

Rennard, L. 


Rogan, L. 

Roper, L. 




Saatchi, L. 


Seccombe, B. 

Selborne, E. 


Selsdon, L. 






Stewartby, L. 



Taverne, L. 




Tope, L. 

TordoV, L. 

Ullswater, V. 



Wakeham, L. 



Walmsley, B. 



Wilcox, B. 


Alli, L. 

Andrews, B. 


Bach, L. 




Bragg, L. 

Brett, L. 


Brookman, L. 


Carter, L. 

NOT-CONTENTS 




Crawley, B. 



Desai, L. 

Drayson, L. 

Elder, L. 






Filkin, L. 

Gale, B. 

Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 

Goudie, B. 





Grocott, L. [Teller]


307 



Haskel, L. 

Haworth, L. 

Henig, B. 



Hoyle, L. 




Jones, L. 

Layard, L. 

Leitch, L. 

Lipsey, L. 

Lockwood, B. 

McDonagh, B. 







Maxton, L. 

Mitchell, L. 






Radice, L. 



Richard, L. 

Rooker, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 


Sewel, L. 

Simon, V. 




Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Warner, L. 

Whitaker, B. 

Whitty, L. 


Winston, L. 




of Asthal, to leave out from “House” to end and insert “do insist on its Amendment 33D and do disagree 

with the Commons in their Amendments 33C, 33F and 33G in lieu thereof.”; which being objected to, 

the question was put thereupon, and the House divided: 

Contents … … … … … … 164 


Addington, L. 

Ahmed, L. 

Alliance, L. 


Arran, E. 

Ashcroft, L. 

Astor, V. 


Avebury, L. 


Barker, B. 

Bell, L. 

Blackwell, L. 

Bledisloe, V. 


Bradshaw, L. 

Bridgeman, V. 




Buscombe, B. 

Byford, B. 




Cobbold, L. 




D’Souza, B. 

Denham, L. 

Dholakia, L. 



Dykes, L. 



Elles, B. 

CONTENTS 

Elton, L. 

Falkland, V. 


Ferrers, E. 


Fookes, B. 


Fowler, L. 

Freeman, L. 

Freyberg, L. 

Garden, L. 



Geddes, L. 


Glentoran, L. 

Goodhart, L. 

Goschen, V. 

Greaves, L. 

Hamwee, B. 

Hanham, B. 



Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 

Home, E. 

Hooper, B. 





JoVe, L. 

Kalms, L. 


Kimball, L. 


Kingsland, L. 






Liverpool, E. 



Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 



McNally, L. 

Maddock, B. 


Mancroft, L. 






Montrose, D. 



Naseby, L. 


Neuberger, B. 

Newby, L. 



Northover, B. 



O’Neill of Bengarve, B.


2005 


Onslow, E. 





Razzall, L. 

Redesdale, L. 

Rennard, L. 



Rogan, L. 

Roper, L. 




Saatchi, L. 

Alli, L. 

Andrews, B. 


Bach, L. 




Bragg, L. 

Brett, L. 


Brookman, L. 


Carter, L. 




Crawley, B. 



Desai, L. 

Drayson, L. 

Elder, L. 






Filkin, L. 

Gale, B. 

Giddens, L. 

Gilbert, L. 

Golding, B. 


Seccombe, B. 

Selborne, E. 


Selsdon, L. 



Sheldon, L. 




Stern, B. 

Stewartby, L. 



Tanlaw, L. 

Taverne, L. 

NOT-CONTENTS 

Goldsmith, L. 

Goudie, B. 







Haskel, L. 

Haworth, L. 

Henig, B. 



Hoyle, L. 




Jones, L. 

Layard, L. 

Leitch, L. 

Lipsey, L. 

Lockwood, B. 

McDonagh, B. 







Maxton, L. 

Mitchell, L. 






Tope, L. 

TordoV, L. 

Ullswater, V. 



Wakeham, L. 



Walmsley, B. 



Wilcox, B. 





Radice, L. 



Richard, L. 

Rooker, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 


Sewel, L. 

Simon, V. 




Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Warner, L. 

Whitaker, B. 

Whitty, L. 


Winston, L. 



It was moved by the Lord Goodhart, as an amendment to Motion A moved by the Lord Falconer of 

Thoroton, to leave out from “House” to end and insert “do insist on its disagreement with the Commons 

in their Amendments 1A and 1B to Lords Amendment 1; do insist on its Amendments 37Q, 37S and 

37T in lieu of Lords Amendment 8; do insist on its insistence on Lords Amendments 12, 13, 15, 17, 22, 

28 and 37 in respect of which the Commons have insisted on their disagreement and do insist on their 

disagreement with the Commons in their Amendments 37A to 37C and 37E to 37O in lieu of those Lords 

Amendments; do insist on their disagreement with the Commons in their Amendments 17H to 17M to 

the words restored to the bill by the Commons insistence on their disagreement to Lords Amendment 

17; do disagree with the Commons in their Amendment 37X in lieu; do not insist on its Amendment 

37R and do propose Amendment 37Y in lieu thereof”; which being objected to, the question was put 

thereupon, and the House divided: 

Contents … … … … … … 176 



309 

Ackner, L. 

Addington, L. 

Ahmed, L. 

Alliance, L. 

Ampthill, L. 


Arran, E. 

Astor, V. 


Avebury, L. 


Barker, B. 


Bell, L. 


Bradshaw, L. 

Bridgeman, V. 

Bridges, L. 




Buscombe, B. 

Byford, B. 








Dholakia, L. 


Dykes, L. 



Elles, B. 


Elton, L. 

Erroll, E. 

Falkland, V. 


Feldman, L. 

Ferrers, E. 

Fookes, B. 


Fowler, L. 

Freeman, L. 

Garden, L. 



Geddes, L. 

Glentoran, L. 

Goodhart, L. 

Goschen, V. 

Greaves, L. 


Hamwee, B. 

Hanham, B. 


Alli, L. 

Andrews, B. 


Bach, L. 



CONTENTS 



Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 

Home, E. 

Hooper, B. 

Hooson, L. 


Howe, E. 




Kalms, L. 


Kimball, L. 


Kingsland, L. 



Laird, L. 




Liverpool, E. 



Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 



McNally, L. 

Maddock, B. 

Mancroft, L. 





Montrose, D. 




Naseby, L. 

Neuberger, B. 

Newby, L. 


Northesk, E. 

Northover, B. 




Onslow, E. 


Palumbo, L. 


NOT-CONTENTS 




Bragg, L. 

Brett, L. 


Parkinson, L. 




Plumb, L. 


Quirk, L. 

Rawlings, B. 

Razzall, L. 

Redesdale, L. 


Rennard, L. 

Renton, L. 



Rogan, L. 




Saatchi, L. 


Sandberg, L. 



Selborne, E. 


Selsdon, L. 




Slim, V. 





Stewartby, L. 



Taverne, L. 

Thatcher, B. 





Tombs, L. 

Tope, L. 

TordoV, L. 


Ullswater, V. 



Wakeham, L. 


Walmsley, B. 


Wilcox, B. 



Brookman, L. 


Carter, L. 



Clarke of Hampstead, L.


2005 


Condon, L. 


Crawley, B. 




Dearing, L. 

Desai, L. 

Donoughue, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 






Filkin, L. 

Gale, B. 

Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 

Goudie, B. 









Haskel, L. 

Haworth, L. 

Henig, B. 





Hoyle, L. 





Jones, L. 

Jordan, L. 



Laming, L. 

Layard, L. 

Leitch, L. 

Levy, L. 

Lipsey, L. 

Listowel, E. 

Lockwood, B. 

McDonagh, B. 





Marsh, L. 


Maxton, L. 


Mitchell, L. 




Paul, L. 

Pendry, L. 

Peston, L. 



Prosser, B. 

Radice, L. 





Richard, L. 

Rooker, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 


Sewel, L. 

Simon, V. 



Strabolgi, L. 


Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 



Warner, L. 

Waverley, V. 



Whitaker, B. 

Whitty, L. 


Winston, L. 




of Asthal, to leave out from “House” to end and insert “do insist on its Amendment 33D and do disagree 

with the Commons in their Amendments 33C, 33G, 33I and 33J in lieu thereof”; which being objected 

to, the question was put thereupon, and the House divided: 

Contents … … … … … … 194 


Ackner, L. 

Addington, L. 

Ahmed, L. 

Alliance, L. 

Ampthill, L. 


Arran, E. 

Astor, V. 


Avebury, L. 


Barker, B. 


Bell, L. 

Blackwell, L. 

Bledisloe, V. 


Bradshaw, L. 

Bridgeman, V. 

Bridges, L. 

CONTENTS 


Broers, L. 



Buscombe, B. 

Byford, B. 




Chorley, L. 





D’Souza, B. 

Denham, L. 

Dholakia, L. 


Dykes, L. 



Elles, B. 


Elton, L. 

Erroll, E. 

Falkland, V. 


Feldman, L. 

Ferrers, E. 

Fookes, B. 


Fowler, L. 

Freeman, L. 

Freyberg, L. 

Garden, L. 



Geddes, L. 

Glentoran, L. 

Goodhart, L.


311 

Goschen, V. 

Greaves, L. 


Hamwee, B. 

Hanham, B. 




Hayhoe, L. 

Henley, L. 

Higgins, L. 


Hogg, B. 

Home, E. 

Hooper, B. 


Howe, E. 




JoVe, L. 

Kalms, L. 


Kimball, L. 


Kingsland, L. 



Laird, L. 

Laming, L. 




Liverpool, E. 



Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 



McNally, L. 

Maddock, B. 

Mallalieu, B. 

Alli, L. 

Andrews, B. 


Bach, L. 






Brett, L. 


Brookman, L. 


Carter, L. 





Condon, L. 


Crawley, B. 


Mancroft, L. 





Monson, L. 

Montrose, D. 




Naseby, L. 

Neuberger, B. 

Newby, L. 



Northesk, E. 

Northover, B. 




Onslow, E. 


Owen, L. 

Palumbo, L. 


Parkinson, L. 




Plumb, L. 


Quirk, L. 

Rawlings, B. 

Razzall, L. 

Redesdale, L. 


Rennard, L. 

Renton, L. 




Rogan, L. 

Roper, L. 



NOT-CONTENTS 



Dearing, L. 

Desai, L. 

Donoughue, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 






Filkin, L. 

Gale, B. 

Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 

Goudie, B. 



Saatchi, L. 


Sandberg, L. 


Seccombe, B. 

Selborne, E. 


Selsdon, L. 



Sheldon, L. 


Skidelsky, L. 

Slim, V. 





Stern, B. 

Stewartby, L. 



Taverne, L. 

Thatcher, B. 





Tombs, L. 

Tope, L. 

TordoV, L. 


Ullswater, V. 



Wakeham, L. 


Walmsley, B. 



Wilcox, B. 










Haskel, L. 

Haworth, L. 

Henig, B. 






Hoyle, L. 





Jones, L. 

Jordan, L. 

King of West Bromwich, L.


2005 

Layard, L. 

Leitch, L. 

Levy, L. 

Lipsey, L. 

Lockwood, B. 

McDonagh, B. 





Marsh, L. 


Maxton, L. 


Mitchell, L. 




Paul, L. 

Pendry, L. 

Peston, L. 



Prosser, B. 

Radice, L. 





Richard, L. 

Rooker, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 


Sewel, L. 

Simon, V. 


Strabolgi, L. 


Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 



Warner, L. 

Waverley, V. 


Whitaker, B. 

Whitty, L. 


Winston, L. 



It was moved by the Lord Goodhart, as an amendment to Motion A moved by the Lord Falconer of 

Thoroton, to leave out from “House” to end and insert “do insist on its disagreement with the Commons 

in their Amendments 1A and 1B to Lords Amendment 1; do insist on its Amendments 37Q, 37S, 37T 

and 37Y in lieu of Lords Amendment 8; do insist on its insistence on Lords Amendments 12, 13, 15, 17, 

22, 28 and 37 in respect of which the Commons have insisted on their disagreement and do insist on their 

disagreement with the Commons in their Amendments 37A to 37C and 37E to 37O and 37X in lieu of 

those Lords Amendments; and do insist on their disagreement with the Commons in their Amendments 

17H to 17M to the words restored to the bill by the Commons insistence on their disagreement to Lords 

Amendment 17”; which being objected to, the question was put thereupon, and the House divided: 

Contents … … … … … … 56 


Addington, L. 

Avebury, L. 

Barker, B. 


Bradshaw, L. 


Dholakia, L. 

Dykes, L. 

Erroll, E. 

Falkland, V. 



Garden, L. 

Goodhart, L. 

Greaves, L. 

Hamwee, B. 




Alli, L. 

Andrews, B. 


Bach, L. 





Bledisloe, V. 

Brennan, L. 

Brett, L. 

CONTENTS 


Ludford, B. 


Maddock, B. 

Mallalieu, B. 


Neuberger, B. 

Newby, L. 

Northover, B. 



Razzall, L. 

Redesdale, L. 

Rennard, L. 




Sandberg, L. 


NOT-CONTENTS 


Brookman, L. 







Crawley, B. 








Taverne, L. 




Tope, L. 

TordoV, L. 



Walmsley, B. 






Dearing, L. 

Desai, L. 

Donoughue, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 





Faulkner of Worcester, L.


313 

Filkin, L. 

Gale, B. 

Gavron, L. 

Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 

Goudie, B. 



Grabiner, L. 






Haskel, L. 

Haworth, L. 

Henig, B. 





Hoyle, L. 




JoVe, L. 

Jordan, L. 


Layard, L. 

Leitch, L. 

Lipsey, L. 

Listowel, E. 

Lockwood, B. 

McDonagh, B. 





Marsh, L. 


Maxton, L. 


Mitchell, L. 

Morgan, L. 



Pendry, L. 


Prosser, B. 




Richard, L. 

Rooker, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 


Sewel, L. 

Simon, V. 

Slim, V. 

Snape, L. 


Strabolgi, L. 



Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 




Warner, L. 

Waverley, V. 

Whitaker, B. 

Whitty, L. 




APPENDIX 



School Transport Bill—The bill was further considered in the Grand Committee; amendments 

were moved and (by leave of the Committee) withdrawn; it was ordered that the bill be 

reported without amendment. 

The Committee was adjourned at one minute past five o’clock. 

Monday 14th March 2005 



Ackner, L. 

Addington, L. 

Ahmed, L. 


Alli, L. 


Ampthill, L. 

Andrews, B. 


Arran, E. 



Astor, V. 


Avebury, L. 

Bagri, L. 


Barker, B. 

Barnett, L. 





Berkeley, L. 

Bhatia, L. 

BiVen, L. 


Birt, L. 

Bledisloe, V. 

Boothroyd, B. 

Borrie, L. 



Bradshaw, L. 

Bragg, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 




Brookman, L. 



Burlison, L. 

Buscombe, B. 

Caithness, E. 




Carter, L. 



Chan, L. 

Chandos, V. 

Chapman, B. 


Chorley, L. 






Cobbold, L. 

Cockfield, L.


2005 



Colwyn, L. 



Courtown, E. 

Cox, B. 

Craigavon, V. 

Crawley, B. 




David, B. 




Dearing, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 


Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Eatwell, L. 


Elder, L. 

Elles, B. 


Elton, L. 

Erroll, E. 



Falkender, B. 

Falkland, V. 




Ferrers, E. 

Filkin, L. 


Fitt, L. 

Flather, B. 

Fookes, B. 

Fowler, L. 


Freeman, L. 

Freyberg, L. 

Gale, B. 

Garden, L. 


Gavron, L. 


Giddens, L. 

Glentoran, L. 

Golding, B. 

Goodhart, L. 

Goschen, V. 

Goudie, B. 




Gray of Contin, L. 


Greenway, L. 

Gregson, L. 

Grenfell, L. 

GriYths, L. 



Grocott, L. 


Hanham, B. 





Harrison, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 




Hollick, L. 


Hooper, B. 


Howe, E. 






Hoyle, L. 




Imbert, L. 

Inglewood, L. 



JoVe, L. 

Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 

Kalms, L. 





Kingsland, L. 

Kinnock, L. 

Kirkhill, L. 

Laird, L. 

Laming, L. 


Layard, L. 


Leitch, L. 



Lipsey, L. 

Listowel, E. 

Liverpool, E. 



Lucas, L. 

Luke, L. 

Lyell, L. 














McNally, L. 

Maddock, B. 

Mancroft, L. 

Mar, C. 


Marsh, L. 




Maxton, L. 




Mitchell, L. 



Monson, L. 

Montrose, D. 


Morgan, L. 






Moynihan, L. 

Murphy, B. 


Naseby, L. 

Neuberger, B. 

Newby, L. 




Northesk, E. 

Northover, B. 



Onslow, E. 

Owen, L. 

Oxburgh, L. 

Palmer, L. 

Parekh, L. 

Parkinson, L. 


Patten, L. 

Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 






Prashar, B. 

Prosser, B.


315 


Puttnam, L. 

Quinton, L. 

Quirk, L. 


Rawlings, B. 

Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 


Rennard, L. 

Renton, L. 

Richard, L. 





Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 







Sandberg, L. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 


Simon, V. 

Skidelsky, L. 

Slim, V. 




Snape, L. 




Stern, B. 

Stewartby, L. 


Strabolgi, L. 



Tanlaw, L. 

Taverne, L. 



Tenby, V. 




Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 

Vinson, L. 



Wakeham, L. 


Walmsley, B. 

Warnock, B. 


Waverley, V. 


Whitaker, B. 

Wilcox, B. 

Wilkins, B. 





Winston, L. 



PRAYERS were read by the Lord Bishop of Chelmsford. 

1. Hereditary Peers’ By-election—The Clerk of the Parliaments notified the House that the Lord De 

Mauley had been elected in accordance with the provisions of Standing Order 10 (Hereditary 

peers: by-elections) to fill the vacancy created by the death of Lord Burnham among the peers 



2. Harding (Appellant) v. Wealands (Respondent) (England)—The appeal of Giles Christian 

Harding was presented and it was ordered that in accordance with Standing Order VI the 


3. Horton (Original Appellant and Cross-respondent) v. Sadler and others (Original Respondents 

and Cross-appellants) (England)—The cross-appeal of the Motor Insurers’ Bureau was 

presented notwithstanding that the time limited by Standing Order VII has expired and it was 

ordered that in accordance with Standing Order VI the statement and appendix thereto be 

lodged on or before 25th April. 

4. London Borough of Islington (Respondents) v. Green and another (FC) (Petitioner)—The petition 

of Gary O’Shea praying for leave to appeal was presented and referred to an Appeal 

Committee. The petitioner’s certificate of public funding was lodged (lodged 10th March). 

5. Mukasa (aka Barker) (Petitioner) v. Secretary of State for the Home Department (Respondent)— 

The petition of Steven Mukasa (aka Stephen John Barker) praying for leave to appeal 



6. Bhamjee (Petitioner) v. Secretary of State for the Environment, Transport and the Regions and 

others (Respondents)—The petition of Ismail Abdulhai Bhamjee praying for leave to appeal 

notwithstanding that the time limited by Standing Order II has expired was presented without 


Standing Order XIII; the said petition was referred to an Appeal Committee.


2005 

7. R (on the application of Bhamjee) (Petitioner) v. Secretary of State for the Environment, Transport 

and the Regions and others (Respondents)—The petition of Ismail Abdulhai Bhamjee 

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. 

8. R (on the application of Bhamjee) (Petitioner) v. Legal Services Ombudsman and others 

(Respondents)—The petition of Ismail Abdulhai Bhamjee praying for leave to appeal 






cause for hearing might be extended to 25th April (the agents for the respondents consenting 


10. Harding (Appellant) v. Wealands (Respondent)—It was ordered that the appellant be allowed to 

prosecute the appeal without giving the usual security for costs as required by Standing Order. 

Papers 



1. Housing—Government Response to the Report of the House of Commons Select 

Committee on the ODPM Homelessness Inquiry; (6490) 

2. Social Security—Report by the Social Security Advisory Committee and the statement 

withdrawing the proposed regulations by the Secretary of State for Work and Pensions in 

the Draft Social Security (Incapacity for Work) (General) Amendment Regulations 2003. 

(6491) 

12. AYrmative Instrument—The following Instrument was laid before the House for approval by 


Civil Procedure (Amendment No. 2) Rules 2005, laid under the Prevention of Terrorism 

Act 2005. 


on the Table: 

1. (i) Armed Forces Early Departure Payments Scheme Order 2005— (437) 

(ii) Armed Forces Pension Scheme Order 2005— (438) 

(iii) Armed Forces and Reserve Forces (Compensation Scheme) Order 2005— (439) 

(iv) Armed Forces (Pensions and Compensation) Act 2004 (Transitional Provision) 

Order 2005— (660) 

laid under the Armed Forces (Pensions and Compensation) Act 2004; 

2. Contracting-out, Protected Rights and Safeguarded Rights (Transfer Payment) 

Amendment Regulations 2005, laid under the Pension Schemes Act 1993; (555) 

3. (i) Feeding StuVs (Establishments and Intermediaries) (Amendment) (England) 

Regulations 2005, laid under the European Communities Act 1972— (557) 

(ii) Road Transport (Working Time) Regulations 2005— (639) 


4. (i) Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2005— (569) 

(ii) Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2005— 

(671) 

laid under the Nationality, Immigration and Asylum Act 2002; 

5. Stakeholder Pension Schemes (Amendment) Regulations 2005, laid under the Welfare 

Reform and Pensions Act 1999; (577) 

6. Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2005, laid 

under the Criminal Justice and Police Act 2001; (581) 

7. (i) Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005— (643) 

(ii) Criminal Justice (Sentencing) (Licence Conditions) Order 2005— (648) 

(iii) Criminal Justice Act 2003 (Retrial for Serious OVences) Order 2005— (679) 

laid under the Criminal Justice Act 2003; 

8. Personal Injuries (Civilians) (Amendment) Scheme 2005, laid under the Personal Injuries 

(Emergency Provisions) Act 1939; (655)


317 

9. Detention Centre (Amendment) Rules 2005, laid under the Immigration and Asylum Act 

1999; (673) 

10. Financial Services and Markets Act 2000 (Variation of Threshold Conditions) 

(Amendment) Order 2005, laid under the Financial Services and Markets Act 2000. 

(680) 



Accounts for 2003–04 of the Probation Board for Northern Ireland, laid under the Probation 

Board (Northern Ireland) Order 1982, together with the Comptroller and Auditor General’s 

Report. 


15. Business of the House—It was moved by the Lord Davies of Oldham, on behalf of the Lord 

President (Baroness Amos), that Standing Orders 41 (Arrangement of the Order Paper) and 47 

(No two stages of a bill to be taken on one day) be dispensed with on 16th March to allow the 

Consolidated Fund (Appropriation) Bill to be taken through its remaining stages that day 

before the motion in the name of the Baroness Sharp of Guildford; the motion was agreed to. 


President (Baroness Amos), that Standing Order 47 (No two stages of a bill to be taken on one 

day) be dispensed with on 23rd March to allow the Income Tax (Trading and Other Income) 

Bill to be taken through its remaining stages that day; the motion was agreed to. 


President (Baroness Amos), that the following Unstarred Question be referred to a Grand 

Committee— 

The Baroness Gould of Potternewton—To ask Her Majesty’s Government what progress 

has been made on the Plan of Action agreed at the United Nations World Conference on 

Women held in Beijing in 1995; 


18. Electoral Law Act (Northern Ireland) 1962 (Amendment No. 3) Order 2005—It was moved by the 

Lord Davies of Oldham, on behalf of the Lord President (Baroness Amos), that the draft 

Order be referred to a Grand Committee; the motion was agreed to. 

19. Serious Organised Crime and Police Bill—It was moved by the Baroness Scotland of Asthal that 

the bill be now read a second time; after debate, the motion was agreed to and the bill was 

committed to a Committee of the Whole House. 

The House was adjourned at twenty minutes before eleven o’clock 


APPENDIX 




moved and (by leave of the Committee) withdrawn; amendments were agreed to; the 


The Committee was adjourned at twenty-nine minutes before eight o’clock. 

Tuesday 15th March 2005 



Ackner, L. 

Addington, L. 

Adebowale, L. 

Ahmed, L. 


Alliance, L. 


Amos, B. 



Ampthill, L. 

Andrews, B. 



Arran, E. 



Astor, V. 


Avebury, L. 

Bagri, L. 


Barker, B. 

Barnett, L. 


Beaumont of Whitley, L.


2005 

Bell, L. 

Berkeley, L. 

Best, L. 

Bhatia, L. 


BiVen, L. 


Birt, L. 


Blackwell, L. 

Bledisloe, V. 

Blood, B. 


Borrie, L. 



Bradshaw, L. 

Bragg, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 




Brookman, L. 



Burlison, L. 

Burns, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 







Carter, L. 





Chan, L. 

Chandos, V. 

Chapman, B. 


Chorley, L. 






Cockfield, L. 



Colwyn, L. 

Condon, L. 



Courtown, E. 

Cox, B. 

Craigavon, V. 

Crathorne, L. 


Crawley, B. 


Cuckney, L. 




David, B. 



De Mauley, L. 



Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eames, L. 

Eatwell, L. 



Elder, L. 

Elles, B. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Fellowes, L. 

Ferrers, E. 

Filkin, L. 

Fitt, L. 

Flather, B. 

Fookes, B. 


Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 


Gavron, L. 


Giddens, L. 

Gilbert, L. 


Glasgow, E. 


Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 




Greaves, L. 


Greenway, L. 

Gregson, L. 

GriYths, L. 



Grocott, L. 

Habgood, L. 

Hamwee, B. 

Hanham, B. 






Harrison, L. 


Haskins, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Heseltine, L. 

Higgins, L. 



Hogg, B. 




Hooper, B. 

Hooson, L. 



Howe, E. 





Hoyle, L. 





Hylton, L. 

Inglewood, L. 



Jellicoe, E. 


Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 

Kalms, L. 


Kimball, L. 



Kingsdown, L. 

Kingsland, L. 

Kirkham, L. 

Kirkhill, L. 


Laidlaw, L. 


Laird, L.


319 

Laming, L. 




Layard, L. 


Leitch, L. 


Levy, L. 


Lindsay, E. 


Listowel, E. 


Liverpool, E. 



Lockwood, B. 

Lucas, L. 

Luke, L. 

Lyell, L. 



McDonagh, B. 












McNally, L. 

Maddock, B. 


Mancroft, L. 

Mar, C. 



Marsh, L. 




Maxton, L. 



Methuen, L. 



Mitchell, L. 



Monson, L. 


Montrose, D. 


Morgan, L. 







Murphy, B. 


Naseby, L. 


Neuberger, B. 

Newby, L. 


Nicol, B. 



Northesk, E. 

Northover, B. 





Onslow, E. 


Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 

Palumbo, L. 

Parekh, L. 


Patel, L. 



Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 







Plumb, L. 



Prashar, B. 

Prior, L. 

Prosser, B. 


Puttnam, L. 

Quirk, L. 



Rawlings, B. 


Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 



Richard, L. 

Rix, L. 





Rogan, L. 



Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 




Saatchi, L. 





Sandberg, L. 

Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 



Simon, V. 



Skidelsky, L. 

Slim, V. 




Snape, L. 



Steinberg, L. 

Stern, B. 

Stewartby, L. 



Strabolgi, L. 



Tanlaw, L. 

Taverne, L. 




Tenby, V. 

Thatcher, B. 







Thornton, B. 

Tombs, L. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Triesman, L. 


Truscott, L. 

Tugendhat, L.


2005 



Uddin, B. 

Ullswater, V. 


Varley, L. 

Vinson, L. 



Wakeham, L. 




Walmsley, B. 


Warner, L. 

Warnock, B. 


Waverley, V. 



Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 






Winston, L. 

Wolfson, L. 

Wolfson of Sunningdale, L. 



1. Oath—Rupert Charles Lord De Mauley, having received a Writ of Summons in accordance with 

Standing Order 10 (Hereditary peers: by-elections) following the death of Lord Burnham, sat 

first in Parliament, having first taken and subscribed the oath pursuant to statute. 

2. Baroness Strange—The Lord Chancellor acquainted the House that Baroness Strange, a member 

of the House, had died on 11th March 2005. 


3. R (on the application of Nunn) (Petitioner) v. First Secretary of State (Respondent)—The petition 

of Christine Nunn praying for leave to appeal was presented and referred to an Appeal 

Committee (lodged 8th March). 

4. In re Faraj (FC) (Petitioner) (application for a writ of Habeas Corpus)—The petition of Faraj 

Hassan Faraj praying for an extension of time within which the petition may be lodged and 

for leave to appeal in accordance with the Administration of Justice Act 1960, was presented 

and referred to an Appeal Committee. The petitioner’s certificate of public funding was 

lodged. 

5. A and others (Appellants) v. Secretary of State for the Home Department (Respondent) (2004)— 

The petition of the AIRE Centre, Amnesty International Limited, the Association for the 

Prevention of Torture, British Irish Rights Watch, the Committee on the Administration of 

Justice, Doctors for Human Rights, Human Rights Watch, the International Federation of 

Human Rights, INTERIGHTS, the Law Society of England and Wales, Liberty, the Medical 

Foundation for the Care of Victims of Torture, REDRESS and the World Organisation 

Against Torture praying for leave to intervene in the said appeal was presented and referred 



(Respondents)—The appeal was set down for hearing and referred to an Appellate 

Committee. 









and setting down the cause for hearing might be extended to 26th April (the agents for the 


10. R (on the application of Hammond) (FC) (Respondent) v. Secretary of State for the Home 

Department (Appellant) (Criminal Appeal from Her Majesty’s High Court of Justice)—The 

respondent’s certificate of public funding was lodged. 

Papers 


on the Table: 

1. (i) Pension Protection Fund (Appointment of Ordinary Members) Regulations 2005— 

(616) 

(ii) Pensions Regulator Tribunal Rules 2005— (690) 

laid under the Pensions Act 2004;


321 

2. National Health Service (Pension Scheme and Injury Benefits) Amendment Regulations 

2005, laid under the Superannuation Act 1972; (661) 

3. Education (Grants etc.) (Dance and Drama) (England) (Amendment) Regulations 2005, 


4. Pensions Regulator (Freezing Orders and Consequential Amendments) Regulations 

2005, laid under the Pension Schemes Act 1993; (686) 

5. Pensions Increase (Civil Service Injury Benefits Scheme) Regulations 2005, laid under the 

Pensions (Increase) Act 1971; (698) 

6. Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) (Amendment) 

Regulations (Northern Ireland) 2005, laid under the Northern Ireland Act 2000; (—) 

7. Pensions Appeal Tribunals (Northern Ireland) (Amendment) Rules 2005, laid under the 

Pensions Appeal Tribunals Act 1943. (—) 



1. (i) Amendment to the Rates of Pay, Bounty and Allowances of the Royal Air Force 

Reserve and Royal Auxiliary Air Force— 

(ii) Amendment List 11 to Volume 7 (1st edition) of Air Publication 3392, Regulations 

for the Reserve Air Forces— 

laid under the Reserve Forces Act 1996; 

2. (i) Amendments to the Rates of Pay, Allowances, Pensions of the Royal Air Force; 

(ii) Royal Air Force Manual of Personnel Administration Volume 2 Pay and Personnel 

(2nd Edition)— 

(iii) Royal Air Force Manual of Personnel Administration Volume 3 Allowances (2nd 

Edition)— 






Rail Vehicle Accessibility (Croydon Tramlink Class CR4000 Vehicles) Exemption 

(Amendment) Order 2005; 

Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005; 

New Forest National Park Authority (Establishment) Order 2005. (HL Paper 83) 

14. European Union—The 10th Report from the Select Committee, The Hague Programme: A Five 

Year Agenda for EU Justice and Home AVairs, was made and ordered to be printed, together 

with the Minutes of Evidence. (HL Paper 84) 


instruments; it was ordered that the Report be printed. (HL Paper 85) 

16. Assisted Dying for the Terminally Ill Bill [hl]—The Report from the Select Committee was made 

and ordered to be printed, together with the Minutes of Evidence. (HL Paper 86) 


17. Registration of Cancer Bill [hl]—A bill to make provision about the registration of cancer; and for 

connected purposes was presented by the Lord Williamson of Horton, on behalf of the 

Baroness Finlay of LlandaV, read a first time and ordered to be printed. (HL Bill 46) 

18. Serious Organised Crime and Police Bill—It was moved by the Lord Grocott, on behalf of the 

Baroness Scotland of Asthal, that it be an instruction to the Committee of the Whole House 

to which the Serious Organised Crime and Police Bill has been committed that they consider 

the bill in the following order:


2005 
















Schedules 8 and 9 Schedules 17 and 18 




19. Criminal Justice and Police Act 2001 (Amendment) Order 2005—It was moved by the Lord 



20. Extradition Act 2003 (Part 3 Designation) (Amendment) Order 2005—It was moved by the Lord 



21. Immigration (Leave to Enter and Remain) (Amendment) Order 2005—It was moved by the Lord 



22. Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 

2005—It was moved by the Lord President (Baroness Amos) that the draft Regulations be 

referred to a Grand Committee; the motion was agreed to. 

23. Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2005—It was moved by 

the Lord President (Baroness Amos) that the draft Order be referred to a Grand Committee; 


24. Constitutional Reform Bill [hl]—The Commons amendments were considered; motions that the 

House do disagree with certain Commons amendments were agreed to (see division lists 1 and 

2); a motion that the House do disagree with a Commons amendment was (by leave of the 

House) withdrawn; motions that the House do disagree with certain other Commons 

amendments were agreed to; the remaining Commons amendments and the privilege 

amendment were agreed to; a Committee was appointed to propose reasons for such 

disagreement. 



Kingsland, L. 


The Committee reported that they had proposed the following reason in respect of the 

disagreement on Commons amendment 1: 

“Because the Lord Chancellor should always be a member of the House of Lords.”; 

the following reason in respect of the disagreement on Commons amendment 2: 

“Because it is appropriate that the Lord Chancellor should have the legal qualifications 

proposed by the Lords.”; 

and the following reason in respect of the disagreement on Commons amendments 264, 265 

and 593: 

“Because these amendments are consequential on Commons Amendment 1, to which the 

Lords have disagreed.”; 

The Report was agreed to; then the bill was returned to the Commons with reasons. 

25. Budget (Northern Ireland) Order 2005—The Grand Committee reported that it had considered the 

draft Order. 

26. Public Processions (Amendment) (Northern Ireland) Order 2005—The Grand Committee 


27. Electoral Law Act (Northern Ireland) 1962 (Amendment No. 2) Order 2005—The Grand 

Committee reported that it had considered the draft Order.


323 

28. Electoral Law Act (Northern Ireland) 1962 (Amendment No. 3) Order 2005—The Grand 


29. Mental Capacity Bill—The report was received; amendments were moved and (by leave of the 

House) withdrawn; amendments were agreed to; further consideration on report was 


The House was adjourned at two minutes past ten o’clock 


DIVISIONS 



It was moved by the Lord Kingsland, as an amendment to the motion that this House do agree with the 

Commons in their Amendment 1, to leave out “agree” and insert “disagree”; which being objected to, 


Contents … … … … … … 215 


Ackner, L. 



Ampthill, L. 



Arran, E. 

Astor, V. 


Bagri, L. 



Bell, L. 

BiVen, L. 

Blackwell, L. 

Bledisloe, V. 

Bridgeman, V. 

Bridges, L. 



Burns, L. 

Buscombe, B. 

Byford, B. 

Caithness, E. 








Chan, L. 


Chorley, L. 


Colwyn, L. 

Condon, L. 


Courtown, E. 

Cox, B. 

Craigavon, V. 

Crathorne, L. 



Cuckney, L. 

CONTENTS 


D’Souza, B. 


De Mauley, L. 




Dundee, E. 



Elles, B. 


Elton, L. 

Erroll, E. 

Ferrers, E. 

Flather, B. 

Fookes, B. 


Fowler, L. 

Freeman, L. 

Freyberg, L. 




Glentoran, L. 

Goschen, V. 


Greenway, L. 


Habgood, L. 

Hanham, B. 



Hayhoe, L. 

Henley, L. 

Heseltine, L. 

Higgins, L. 


Hogg, B. 


Hooper, B. 

Hooson, L. 


Howe, E. 





Hylton, L. 

Inglewood, L. 


Jellicoe, E. 


Jopling, L. 

Kalms, L. 

Kimball, L. 


Kingsdown, L. 

Kingsland, L. 

Kirkham, L. 


Laidlaw, L. 


Laird, L. 




Lindsay, E. 

Listowel, E. 

Liverpool, E. 


Lucas, L. 

Luke, L. 

Lyell, L. 







Mancroft, L. 

Mar, C. 






Monson, L. 

Montrose, D. 

Moore of Lower Marsh, L.


2005 




Naseby, L. 





Northesk, E. 




Onslow, E. 


Palmer, L. 

Palumbo, L. 

Patel, L. 


Peel, E. 







Plumb, L. 


Addington, L. 

Ahmed, L. 

Alliance, L. 


Andrews, B. 


Barker, B. 

Barnett, L. 




Blood, B. 


Borrie, L. 

Bragg, L. 

Brennan, L. 

Brett, L. 


Brookman, L. 


Burlison, L. 



Carter, L. 


Chandos, V. 








Crawley, B. 

David, B. 



Desai, L. 

Dholakia, L. 

Dixon, L. 

Prior, L. 

Rawlings, B. 


Reay, L. 

Rees-Mogg, L. 

Renton, L. 



Rogan, L. 



Saatchi, L. 




Selborne, E. 

Selsdon, L. 

Sharples, B. 




Skidelsky, L. 

Slim, V. 


Steinberg, L. 

Stewartby, L. 


NOT-CONTENTS 

Donoughue, L. 

Drayson, L. 

Dubs, L. 

Dykes, L. 

Elder, L. 








Filkin, L. 


Gale, B. 

Garden, L. 

Gavron, L. 


Giddens, L. 

Gilbert, L. 

Glasgow, E. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 

Goudie, B. 



Greaves, L. 


Gregson, L. 


Hamwee, B. 



Harrison, L. 


Haskins, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 

Tanlaw, L. 

Taverne, L. 


Tenby, V. 

Thatcher, B. 



Tombs, L. 


Tugendhat, L. 

Ullswater, V. 

Vinson, L. 



Wakeham, L. 



Warnock, B. 

Waverley, V. 


Wilcox, B. 




Wolfson, L. 






Hoyle, L. 




Jones, L. 

Judd, L. 


Kirkhill, L. 


Leitch, L. 


Levy, L. 



Lockwood, B. 

McDonagh, B. 









McNally, L. 

Maddock, B. 


Marsh, L. 



Maxton, L. 


Methuen, L. 


Morgan, L. 

Morgan of Drefelin, B.


325 




Murphy, B. 

Neuberger, B. 

Newby, L. 

Nicol, B. 

Northover, B. 


Oxford, Bp. 

Parekh, L. 


Paul, L. 

Pendry, L. 

Peston, L. 



Puttnam, L. 



Razzall, L. 

Rea, L. 

Redesdale, L. 


Rennard, L. 

Richard, L. 






Rooker, L. 

Roper, L. 

Rosser, L. 

Rowlands, L. 




Sandberg, L. 

Sawyer, L. 



Sewel, L. 



Simon, V. 




Snape, L. 




Strabolgi, L. 






Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Triesman, L. 

Truscott, L. 



Uddin, B. 


Varley, L. 


Walmsley, B. 

Warner, L. 

Whitaker, B. 

Whitty, L. 

Wilkins, B. 



Winston, L. 



It was moved by the Lord Lloyd of Berwick, as an amendment to the motion that this House do agree 

with the Commons in their Amendment 2, to leave out “agree” and insert “disagree”; which being 


Contents … … … … … … 209 


Ackner, L. 



Ampthill, L. 



Arran, E. 

Astor, V. 


Bagri, L. 



Bell, L. 

BiVen, L. 

Blackwell, L. 

Bledisloe, V. 

Bridgeman, V. 

Bridges, L. 



Buscombe, B. 

Byford, B. 

Caithness, E. 








CONTENTS 

Chan, L. 


Chorley, L. 


Colwyn, L. 

Condon, L. 


Courtown, E. 

Cox, B. 

Craigavon, V. 

Crathorne, L. 



Cuckney, L. 


D’Souza, B. 


De Mauley, L. 






Elles, B. 


Elton, L. 

Erroll, E. 

Ferrers, E. 

Flather, B. 

Fookes, B. 


Fowler, L. 

Freeman, L. 

Freyberg, L. 




Glentoran, L. 

Goschen, V. 


Greenway, L. 


Habgood, L. 

Hanham, B. 



Hayhoe, L. 

Henley, L. 

Heseltine, L. 

Higgins, L. 


Hogg, B. 

Hooper, B. 

Hooson, L. 


Howe, E. 




Hunt of Wirral, L.


2005 

Hylton, L. 

Inglewood, L. 


Jellicoe, E. 


Jopling, L. 

Kalms, L. 

Kimball, L. 


Kingsdown, L. 

Kingsland, L. 

Kirkham, L. 


Laidlaw, L. 





Lindsay, E. 

Listowel, E. 

Liverpool, E. 


Lucas, L. 

Luke, L. 

Lyell, L. 







Mancroft, L. 

Mar, C. 






Monson, L. 


Montrose, D. 





Naseby, L. 





Northesk, E. 




Onslow, E. 


Palmer, L. 

Palumbo, L. 


Peel, E. 







Plumb, L. 


Prior, L. 

Rawlings, B. 


Reay, L. 

Rees-Mogg, L. 

Renton, L. 





Saatchi, L. 




Sandwich, E. 


Selborne, E. 

Selsdon, L. 

Sharples, B. 




Slim, V. 


Steinberg, L. 

Stewartby, L. 


Tanlaw, L. 


Tenby, V. 

Thatcher, B. 



Tombs, L. 


Tugendhat, L. 

Ullswater, V. 

Vinson, L. 


Wakeham, L. 



Warnock, B. 

Waverley, V. 


Wilcox, B. 




Wolfson, L. 


Addington, L. 

Ahmed, L. 

Alliance, L. 


Andrews, B. 


Avebury, L. 

Barker, B. 

Barnett, L. 




Blood, B. 


Borrie, L. 

Bragg, L. 

Brennan, L. 

Brett, L. 


Brookman, L. 


Burlison, L. 



Carter, L. 


NOT-CONTENTS 

Chandos, V. 








Crawley, B. 

David, B. 



Desai, L. 

Dholakia, L. 

Dixon, L. 

Donoughue, L. 

Drayson, L. 

Dubs, L. 

Dykes, L. 

Elder, L. 








Filkin, L. 


Gale, B. 

Garden, L. 

Gavron, L. 


Giddens, L. 

Gilbert, L. 

Glasgow, E. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 

Goudie, B. 



Greaves, L. 


Gregson, L. 


Hamwee, B. 



Harrison, L. 


Haworth, L.


327 

Hayman, B. 

Henig, B. 





Hoyle, L. 




Jones, L. 

Judd, L. 


Kirkhill, L. 

Layard, L. 


Leitch, L. 


Levy, L. 



Lockwood, B. 

McDonagh, B. 









Maddock, B. 


Marsh, L. 



Maxton, L. 


Methuen, L. 


Morgan, L. 




Murphy, B. 

Neuberger, B. 

Newby, L. 

Nicol, B. 

Northover, B. 


Oxford, Bp. 

Parekh, L. 

Patel, L. 


Paul, L. 

Pendry, L. 

Peston, L. 





Razzall, L. 

Rea, L. 

Redesdale, L. 


Rennard, L. 

Richard, L. 




Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 

Rowlands, L. 




Sandberg, L. 

Sawyer, L. 



Sewel, L. 


Simon, V. 




Snape, L. 



Strabolgi, L. 

Taverne, L. 





Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Triesman, L. 

Truscott, L. 



Uddin, B. 


Varley, L. 


Walmsley, B. 

Warner, L. 

Whitaker, B. 

Whitty, L. 

Wilkins, B. 


Winston, L. 


APPENDIX 



Budget (Northern Ireland) Order 2005—It was moved by the Lord President (Baroness Amos) that the 

Grand Committee do report to the House that it has considered the draft Budget (Northern 

Ireland) Order 2005; after debate, the motion was agreed to. 

Public Processions (Amendment) (Northern Ireland) Order 2005—It was moved by the Lord President 

(Baroness Amos) that the Grand Committee do report to the House that it has considered the draft 

Public Processions (Amendment) (Northern Ireland) Order 2005; after debate, the motion was 

agreed to. 

Electoral Law Act (Northern Ireland) 1962 (Amendment No. 2) Order 2005— 

Electoral Law Act (Northern Ireland) 1962 (Amendment No. 3) Order 2005— 

It was moved by the Lord President (Baroness Amos) that the Grand Committee do report to 

the House that it has considered the draft Electoral Law Act (Northern Ireland) 1962 

(Amendment No. 2) Order 2005 and the draft Electoral Law Act (Northern Ireland) 1962 

(Amendment No. 3) Order 2005; after debate, the motion was agreed to. 

The Committee was adjourned at twenty-two minutes past six o’clock.


2005 

Wednesday 16th March 2005 



Ackner, L. 

Addington, L. 

Adebowale, L. 

Ahmed, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 



Arran, E. 



Astor, V. 


Avebury, L. 



Barker, B. 

Barnett, L. 



Berkeley, L. 

Best, L. 

Bhatia, L. 


BiVen, L. 


Birt, L. 


Bledisloe, V. 

Blood, B. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 




Brookman, L. 




Heywood, L. 

Burlison, L. 

Burns, L. 

Buscombe, B. 


Byford, B. 

Caithness, E. 






Carter, L. 



Chan, L. 

Chapman, B. 


Chorley, L. 






Cobbold, L. 

Cockfield, L. 



Colwyn, L. 

Condon, L. 

Cooke of Islandreagh, L. 



Cox, B. 

Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Cuckney, L. 




David, B. 



De Mauley, L. 


Desai, L. 

Dholakia, L. 

Dixon, L. 


Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eames, L. 

Eatwell, L. 



Elder, L. 

Elles, B. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Falkender, B. 

Falkland, V. 




Feldman, L. 

Ferrers, E. 

Filkin, L. 

Fitt, L. 

Flather, B. 

Fookes, B. 



Freeman, L. 


Gale, B. 

Garden, L. 


George, L. 


Giddens, L. 

Gilbert, L. 


Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goudie, B. 




Greaves, L. 


Greenway, L. 

Gregson, L. 


Grocott, L. 

Hanham, B. 




Harrison, L. 

Haskins, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Higgins, L. 


Hogg, B. 


Hollick, L. 


Hooper, B. 

Hooson, L. 


Howe, E. 

Howe of Idlicote, B.


329 



Hoyle, L. 





Hylton, L. 

Inglewood, L. 


Jellicoe, E. 


JoVe, L. 

Jones, L. 

Jopling, L. 

Judd, L. 

Kalms, L. 


Kimball, L. 



Kingsland, L. 

Kirkhill, L. 


Laird, L. 

Laming, L. 

Layard, L. 



Levy, L. 


Lindsay, E. 


Listowel, E. 



Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 


McDonagh, B. 










McNally, L. 

Maddock, B. 


Mallalieu, B. 

Mancroft, L. 

Mar, C. 



Marsh, L. 




Maxton, L. 







Monson, L. 


Montrose, D. 

Morgan, L. 





Moser, L. 


Moynihan, L. 

Murphy, B. 


Naseby, L. 


Neuberger, B. 

Newby, L. 


Nicol, B. 



Northesk, E. 

Northover, B. 





Onslow, E. 

Ouseley, L. 

Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 

Palumbo, L. 

Parekh, L. 

Patel, L. 


Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 




Plumb, L. 



Prashar, B. 

Prosser, B. 


Quirk, L. 



Rawlings, B. 


Rea, L. 

Redesdale, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 


Richard, L. 




Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 







Sandberg, L. 

Sandwich, E. 

Sawyer, L. 




Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 


Simon, V. 


Slim, V. 



Snape, L. 



Stewartby, L. 



Strabolgi, L. 



Swinfen, L. 


Tanlaw, L. 

Taverne, L. 







Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 



Wade of Chorlton, L.


2005 

Wakeham, L. 



Walmsley, B. 


Warnock, B. 


Waverley, V. 


Whitaker, B. 

Wilcox, B. 

Wilkins, B. 










1. Barony of Burnham in the Peerage of the United Kingdom—The Lord Chancellor reported that 

Harry Frederick Alan Lawson had established his succession to the Barony of Burnham in the 

Peerage of the United Kingdom. The Clerk of the Parliaments was accordingly directed to 

enter the Lord Burnham on the register of hereditary peers maintained under Standing 

Order 10(5). 



(Appellants)—It was ordered that the appellants be allowed to prosecute the appeal without 

giving the usual security for costs as required by Standing Order. 

3. Appeal Committee—The 33rd Report from the Appeal Committee was agreed to and the 

following Orders were made— 

Topplan Estates Limited (Petitioners) v. Townley (Respondent)—That leave to appeal be 

refused; that the respondent be at liberty to apply for his 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. 

Fattal and another (Petitioners) v. John Lyon’s Charity (Respondents)—That leave to appeal 




South Bucks District Council (Respondents) v. Coates and others (Petitioners)—That leave 

to appeal be refused. 

St Leger-Davey (by her litigation friend) (Petitioner) and another v. First Secretary of State 

for the Environment and others (Respondents)—That leave to appeal be refused; that the first 

and third 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 


Papers 

4. Instrument Withdrawn—The following instrument, laid before the House on 7th March, was 

withdrawn: 

Draft Regulatory Reform (Fire Safety) Order 2005, together with a Statement by the OYce of 




Budget—Budget 2005 Investing for our future: Fairness and opportunity for Britain’s hardworking 

families. (—) 


on the Table: 

1. (i) Pension Protection Fund (Reviewable Matters) Regulations 2005— (600) 

(ii) Transfer of Employment (Pension Protection) Regulations 2005— (649) 

(iii) Pension Protection Fund (Maladministration) Regulations 2005— (650) 

(iv) Pension Protection Fund (Reviewable Ill Health Pensions) Regulations 2005— 

(652) 

(v) Pension Protection Fund (Review and Reconsideration of Reviewable Matters) 


(vi) Pension Protection Fund (Compensation) Regulations 2005— (670) 

(vii) Pension Protection Fund (Valuation) Regulations 2005— (672) 

(viii) Pension Protection Fund (Provision of Information) Regulations 2005— (674) 

(ix) Pension Protection Fund (Statement of Investment Principles) Regulations 2005— 

(675) 

laid under the Pensions Act 2004;


331 

2. (i) Health and Safety (Fees) Regulations 2005— (676) 

(ii) Consumer Protection (Distance Selling) (Amendment) Regulations 2005— (689) 

(iii) Community Designs (Designation of Community Design Courts) Regulations 

2005— (696) 

(iv) Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and 

Wales) Regulations 2005— (717) 


3. Occupational Pension Schemes (Employer Debt) Regulations 2005, laid under the 

Pensions Act 1995; (678) 

4. (i) Companies Act 1985 (Power to Enter and Remain on Premises: Procedural) 


(ii) Reporting Standards (Specified Body) Order 2005— (692) 

(iii) Companies (Defective Accounts) (Authorised Person) Order 2005— (699) 

laid under the Companies Act 1985; 

5. Patents (Translations) Rules 2005, laid under the Patents Act 1977; (687) 

6. Welfare Food (Amendment) Regulations 2005, laid under the Social Security Act 1988; 

(688) 

7. Personal and Occupational Pension Schemes (Indexation and Disclosure of Information) 

(Miscellaneous Amendments) Regulations 2005, laid under the Pension Schemes Act 

1993; (704) 

8. Pensions Appeal Tribunals (England and Wales) (Amendment) Rules 2005, laid under 

the Pensions Appeal Tribunals Act 1943; (709) 

9. Certification OYcer (Amendment of Fees) Regulations 2005, laid under the Trade Union 

and Labour Relations (Consolidation) Act 1992; (713) 

10. Supervision of Accounts and Reports (Prescribed Body) Order 2005, laid under the 

Companies (Audit, Investigations and Community Enterprise) Act 2004; (715) 

11. (i) Guardian’s Allowance Up-rating Regulations 2005— (719) 

(ii) Social Security (Contributions) (Amendment No. 2) Regulations 2005— (728) 

(iii) Statutory Maternity Pay (General) (Amendment) Regulations 2005— (729) 


12. Work at Height Regulations 2005, laid under the Health and Safety at Work etc. Act 

1974; (735) 

13. Asylum Support (Amendment) (No.2) Regulations 2005, laid under the Immigration and 

Asylum Act 1999; (738) 

14. (i) Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005— 

(—) 

(ii) Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 

2005— (—) 

laid under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. 



1. Remit for the Monetary Policy Committee, laid under the Bank of England Act 1998; 

2. Report and Accounts 2003–04 of the Northern Ireland Council for the Curriculum, 

Examinations and Assessment, laid under the Northern Ireland Act 2000; 

3. Report on an announced inspection of Magilligan Prison by HM Chief Inspector of 

Prisons and the Chief Inspector of Criminal Justice in Northern Ireland, laid under the 

Justice (Northern Ireland) Act 2002. 



notification that the following instrument came into operation before being laid before 


on the Table: 

Civil Procedure (Amendment No. 2) Rules 2005. (656) 



the motions in the names of the Baroness Sharp of Guildford and the Lord Garden set down 

for today shall each be limited to 2° hours; the motion was agreed to.


2005 

10. Consolidated Fund (Appropriation) Bill—It was moved by the Lord McIntosh of Haringey that 

the bill be now read a second time; the motion was agreed to and the Committee was 

negatived; then, Standing Order 47 having been dispensed with, the bill was read a third time 

and passed. 

11. Education: Tomlinson Report (2°-hour debate)—It was moved by the Baroness Sharp of 

Guildford that there be laid before the House papers relating to the Tomlinson Report and to 

ways in which more 16-19 year olds can be encouraged to participate in education and 

training; after debate, the motion was (by leave of the House) withdrawn. 

12. Iraq (2°-hour debate)—It was moved by the Lord Garden that there be laid before the House 

papers relating to the economic, political and security developments in Iraq since the 

intervention in 2003 by United Kingdom armed forces; after debate, the motion was (by leave 

of the House) withdrawn. 

13. Regulatory Reform (Trading Stamps) Order 2005—It was moved by the Lord Triesman that the 

draft Regulatory Reform Order laid before the House on 17th January be approved; after 



2005—It was moved by the Lord Triesman that the draft Regulations laid before the House 

on 12th January be approved; after debate, the motion was agreed to. 

The House was adjourned at eight minutes before nine o’clock 



APPENDIX 



Charities Bill [hl]—The bill was further considered in the Grand Committee; amendments were moved 

and (by leave of the Committee) withdrawn; amendments were agreed to; the Committee was adjourned 

after amendment 183A. 

The Committee was adjourned at twenty minutes past six o’clock. 

Ackner, L. 

Addington, L. 

Ahmed, L. 



Amos, B. 

Ampthill, L. 

Andrews, B. 



Arran, E. 




Attlee, E. 

Avebury, L. 



Barker, B. 

Barnett, L. 


Berkeley, L. 

Bhatia, L. 


BiVen, L. 




Blood, B. 





Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 



Brookman, L. 




Heywood, L. 

Burlison, L. 

Buscombe, B. 


Byford, B. 

Caithness, E. 




Carswell, L. 

Carter, L. 



Chan, L. 

Chapman, B. 

Chelmsford, B. 

Chester, Bp. 

Chorley, L. 





Cobbold, L. 

Cockfield, L. 



Colwyn, L. 

Condon, L. 



Cox, B. 

Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Croham, L. 

Cuckney, L. 


David, B. 

Davies of Coity, L.


333 


De Mauley, L. 


Desai, L. 

Dholakia, L. 

Dixon, L. 


Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dykes, L. 

Eames, L. 

Eatwell, L. 


Elder, L. 

Elles, B. 


Elton, L. 

Erroll, E. 



Falkland, V. 




Ferrers, E. 

Fitt, L. 

Fookes, B. 


Fowler, L. 


Freeman, L. 

Gale, B. 

Garden, L. 


Gavron, L. 


Giddens, L. 

Gilbert, L. 


Glentoran, L. 

Goodhart, L. 


Goudie, B. 




Greaves, L. 


Greenway, L. 

Grocott, L. 


Hamwee, B. 

Hanham, B. 



Harrison, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 

Higgins, L. 




Hooson, L. 


Howe, E. 





Hoyle, L. 





Hylton, L. 

Inglewood, L. 



JoVe, L. 

Jones, L. 

Jopling, L. 

Judd, L. 


Kimball, L. 



Kingsland, L. 

Kirkhill, L. 



Laird, L. 


Layard, L. 

Leitch, L. 




Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 



McDonagh, B. 










McNally, L. 


Mancroft, L. 

Mar, C. 



Marsh, L. 




Maxton, L. 



Methuen, L. 



Mitchell, L. 



Monson, L. 


Montrose, D. 

Morgan, L. 






Moynihan, L. 

Murphy, B. 


Neuberger, B. 

Newby, L. 



Northesk, E. 

Northover, B. 




Onslow, E. 


Owen, L. 

Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 

Patel, L. 


Patten, L. 

Paul, L. 


Peel, E. 


Peston, L. 






Plumb, L. 



Prashar, B. 

Prosser, B. 


Quirk, L. 



Rawlings, B. 


Rea, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 


Rennard, L. 

Renton, L. 

Richard, L. 

Rix, L. 





Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L.


2005 

Rosslyn, E. 








Sandberg, L. 

Sawyer, L. 


Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 


Simon, V. 




Snape, L. 




Stern, B. 

Stewartby, L. 

Strabolgi, L. 



Swinfen, L. 


Tanlaw, L. 

Taverne, L. 




Tenby, V. 





Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 



Wakeham, L. 




Walmsley, B. 


Warnock, B. 

Waverley, V. 



Whitaker, B. 

Wilcox, B. 

Wilkins, B. 











1. Regina v. Ashworth Hospital Authority (Appellants) and another ex parte B (FC) (Respondent)— 


Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order 

and declaration of the Court of Appeal of 15th April 2003 be set aside and the Order of Sir 

Richard Tucker in the High Court of Justice, Queen’s Bench Division, Administrative Court 

of 1st July 2002 restored; that the respondent do pay to the appellants their costs in the Court 

of Appeal and in this House; and that the amounts thereof, if any, to be paid by the respondent 

and to be paid out of the Community Legal Service Fund be determined by a Costs Judge for 

those costs incurred in the Court of Appeal and certified by the Clerk of the Parliaments for 

those costs incurred before this House in accordance with section 11 of the Access to Justice 

Act 1999. [2005] UKHL 20 

2. Regina v. Durham Constabulary and another (Appellant) ex parte R (FC) (Respondent) (Criminal 

Appeal from Her Majesty’s High Court of Justice)— 

3. Regina v. Durham Constabulary (Appellants) and another ex parte R (FC) (Respondent)— 



Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order 

of the Divisional Court of the Queen’s Bench Division of 29th November 2002 be quashed; 

and that the question of costs be adjourned in order that the parties may make written 

submissions within 14 days. [2005] UKHL 21 

4. R v. Hasan (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formally 

Regina v. Z (Respondent) (2003))—It was moved by the Lord Bingham of Cornhill, That the 

30th 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 Criminal Division of 7th 

February 2003 be set aside and the Order of His Honour Judge Paget QC in the Central 

Criminal Court of 9th February 2001 restored; that the question set out in paragraph (a) of 

the certified question be answered in the negative; that the rest of the certified question be 

answered by saying that ’the defence of duress is excluded when as a result of the accused’s 

voluntary association with others engaged in criminal activity he foresaw or ought reasonably 

to have foreseen the risk of being subjected to any compulsion by threats of violence’; and that 

the case be remitted to the Court of Appeal so that the defendant may surrender to his bail. 

[2005] UKHL 22


335 

5. Tehrani (AP) (Appellant) v. Secretary of State for the Home Department (Respondent) 

(Scotland)—The appeal of Behrouz Tehrani was presented and it was ordered that in 


28th April. The appellant’s legal aid certificate was lodged (lodged 7th March). 

6. OBG Limited and others (Petitioners) v. Allan and others (Respondents)—The petition of OBG 

Limited and OBG (Plant & Transport hire) Limited (both in creditors’ voluntary liquidation) 


7. R v. Richards (Petitioner)—The petition of Michael Richards praying for leave to appeal in 


Committee (lodged 16th March). 



Harris (Petitioner) v. Harris (Respondent)—That the petition be dismissed as inadmissible. 



London Borough of Newham (Respondents) v. Kibata (FC) (Petitioner)—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. 

Currey (Petitioner) v. Currey (Respondent)—That leave to appeal be refused; that the 

respondent be at liberty to apply for her 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. 



Papers 

10. Instruments withdrawn—The following instruments, laid before the House on the dates shown, 

were withdrawn: 


2005; (10th February 2005) 

2. Draft Community Interest Company Regulations 2005. (1st March 2005) 



Companies—Company Law Reform: Government Proposals. (6456) 



Committee: 

Draft Regulatory Reform (Fire Safety) Order 2005, together with a statement by the OYce of 




1. Draft Community Interest Company Regulations 2005, laid under the Companies 

(Audit, Investigations and Community Enterprise) Act 2004, together with an 



2005, laid under the Pollution Prevention and Control Act 1999, together with an 



on the Table: 

1. Transport for London (Reserved Services) (Croydon Tramlink and Docklands Light 

Railway) Exception Order 2005, laid under the Greater London Authority Act 1999; 

(763) 

2. (i) Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 

2005— (764) 

(ii) Medicines for Human Use (Prescribing) Order 2005— (765) 

(iii) Medicines (Pharmacy and General Sale—Exemption) Amendment Order 2005— 

(766) 

laid under the Medicines Act 1968;


2005 

3. Medicines for Human Use (Marketing Authorisations Etc.) Amendment Regulations 

2005, laid under the European Communities Act 1972; (768) 

4. Working Tax Credit (Entitlement and Maximum Rate) (Amendment) Regulations 2005, 

laid under the Tax Credits Act 2002. (769) 

5. Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2005, 

laid under the Immigration Act 1971; (771) 

6. Social Security (Contributions) (Amendment No. 3) Regulations 2005, laid under the 

Social Security Contributions and Benefits Act 1992. (778) 


15. Human Rights—The following reports from the Joint Committee were made and ordered to be 

printed. 

13th Report, Scrutiny: Sixth Progress Report, together with Appendices; (HL Paper 87) 

14th Report, The Convention on the Elimination of Racial Discrimination, together with 

Appendices and Minutes of Evidence. (HL Paper 88) 


16. Royal Assent—The Lord Speaker (Lord Brabazon of Tara) notified the Queen’s Assent to the 


Appropriation Act c. 3 

17. Constitutional Reform Bill [hl]—The bill was returned from the Commons with certain Commons 

amendments not insisted on but with amendments proposed in lieu thereof and with 

consequential amendments to the bill; it was ordered that the Commons amendments be 


18. Budget (Northern Ireland) Order 2005— 

19. Public Processions (Amendment) (Northern Ireland) Order 2005— 

20. Electoral Law Act (Northern Ireland) 1962 (Amendment No. 2) Order 2005— 

21. Electoral Law Act (Northern Ireland) 1962 (Amendment No. 3) Order 2005— 

It was moved by the Lord President (Baroness Amos) that the draft Orders laid before the 

House on 9th, 22nd and 24th February and on 7th March be approved en bloc; the motion was 

agreed to. 

22. Child Benefit Bill—The order of commitment was discharged. 

23. Mental Capacity Bill—The bill was further considered on report; amendments were agreed to; 

amendments were moved and (by leave of the House) withdrawn; further consideration on 

report was adjourned. 

24. Gender Recognition (Approved Countries and Territories) Order 2005—It was moved by the Lord 

Evans of Temple Guiting that the draft Order laid before the House on 20th January be 


25. Courts Act 2003 (Consequential Provisions) Order 2005—It was moved by the Lord Evans of 

Temple Guiting that the draft Order laid before the House on 9th February be approved; after 


26. Social Security Commissioners (Procedure) (Amendment) Regulations 2005—It was moved by the 

Lord Evans of Temple Guiting that the draft Regulations laid before the House on 23rd 




27. Mental Capacity Bill—The bill was further considered on report; amendments were agreed to; 

amendments were moved and (by leave of the House) withdrawn; it was ordered that the bill 

be printed as amended. (HL Bill 48) 

The House was adjourned at twenty-three minutes past six o’clock 



337 

Monday 21st March 2005 



Ackner, L. 

Addington, L. 

Ahmed, L. 


Alliance, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 



Arran, E. 




Attlee, E. 

Avebury, L. 

Bach, L. 



Barker, B. 

Barnett, L. 



Berkeley, L. 


Best, L. 

Bhatia, L. 


BiVen, L. 


Birt, L. 


Blackwell, L. 

Blaker, L. 

Bledisloe, V. 

Blood, B. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 

Brightman, L. 




Brookman, L. 



Burlison, L. 

Burns, L. 

Buscombe, B. 



Byford, B. 





Carlile of Bucklow, L. 


Carter, L. 



Chandos, V. 

Chilver, L. 

Chorley, L. 






Cobbold, L. 

Cockfield, L. 



Colwyn, L. 

Condon, L. 



Courtown, E. 

Cox, B. 


Craigavon, V. 


Crawley, B. 


Cuckney, L. 



David, B. 



De Mauley, L. 


Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 

Eames, L. 

Eatwell, L. 



Elder, L. 


Elles, B. 


Elton, L. 

Elystan-Morgan, L. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Fearn, L. 

Fellowes, L. 

Ferrers, E. 

Filkin, L. 

Fitt, L. 

Flather, B. 

Fookes, B. 


Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 


Geddes, L. 


Giddens, L. 


Glentoran, L. 

GoV of Chieveley, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goschen, V. 

Goudie, B. 







Greenway, L. 

Gregson, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 





Harris of Richmond, B.


2005 

Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henig, B. 

Henley, L. 



Hogg, B. 




Hooper, B. 

Hooson, L. 


Howe, E. 






Hoyle, L. 




Hylton, L. 

Inglewood, L. 





Jellicoe, E. 


JoVe, L. 

Jones, L. 

Jopling, L. 

Jordan, L. 

Kalms, L. 



Kimball, L. 



Kingsland, L. 

Kirkham, L. 

Kirkhill, L. 



Laird, L. 

Laming, L. 





Leitch, L. 



Lipsey, L. 

Listowel, E. 


Liverpool, E. 



Lockwood, B. 


London, Bp. 

Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 


McDonagh, B. 











McNally, L. 


Mancroft, L. 

Mar, C. 



Marsh, L. 




Maxton, L. 







Monson, L. 


Montrose, D. 


Morgan, L. 






Moser, L. 


Moynihan, L. 

Murphy, B. 


Naseby, L. 


Neuberger, B. 

Newby, L. 


Noakes, B. 



Northesk, E. 

Northover, B. 





Onslow, E. 


Ouseley, L. 

Palmer, L. 

Palumbo, L. 

Parekh, L. 

Patel, L. 


Patten, L. 

Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 





Plumb, L. 


Prashar, B. 

Prior, L. 

Prosser, B. 


Puttnam, L. 

Quinton, L. 

Quirk, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 


Richard, L. 






Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 




Saatchi, L. 






Sandberg, L. 

Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Sewel, L. 

Sharman, L. 


Sharples, B. 


Sheldon, L.


339 


Simon, V. 


Skidelsky, L. 

Slim, V. 



Snape, L. 




Stern, B. 

Stewartby, L. 



Strabolgi, L. 


Swinfen, L. 


Tanlaw, L. 



Tebbit, L. 


Tenby, V. 

Thatcher, B. 






Thornton, B. 

Tombs, L. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 

Varley, L. 



Wakeham, L. 



Walmsley, B. 

Walpole, L. 

Warnock, B. 





Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 






Wolfson, L. 



PRAYERS were read by the Lord Bishop of Liverpool. 


1. Kirin-Amgen Inc and others (Appellants) v. Hoechst Marion Roussel Limited and others 


2. Kirin-Amgen Inc and others (Respondents) v. Hoechst Marion Roussel Limited and others 



Further to the Judgment of the House of 21st October (55th Report from the Appellate 

Committee, [2004] UKHL 46), it was ordered that the Orders of Mr. Justice Neuberger in the 

High Court (Chancery Division) (Patents Court) of 3rd May 2001, 16th May 2001, 8th August 

2001, 13th September 2001 and 18th April 2002 and the Order of the Court of Appeal of 27th 

March 2003 be set aside so far as they relate to costs (save for paragraphs 7 and 8 of the Order 

of Mr. Justice Neuberger of 18th April 2002, as set out below); that paragraphs 7 and 8 of the 

Order of Mr. Justice Neuberger in the High Court (Chancery Division) (Patents Court) of 18th 

April 2002 be aYrmed; that Hoechst Marion Roussel Limited, Hoechst Marion Roussel Inc. 

and Transkaryotic Therapies Inc. do pay to Kirin-Amgen Inc., Ortho Biotech Inc. and Ortho 

Biotech Products LP their costs of the appeal from the judgment of Mr. Justice Neuberger of 

21st March 2002; that Kirin-Amgen Inc., Ortho Biotech Inc. and Ortho Biotech Products LP 

do pay to Hoechst Marion Roussel Limited, Hoechst Marion Roussell Inc. and Transkaryotic 

Therapies Inc. their costs in this House and 90% of their costs in the High Court (Chancery 

Division) (Patents Court) and the Court of Appeal other than the costs in paragraphs 7 and 

8 of the Order of Mr. Justice Neuberger and the costs of the appeal from the judgment of Mr. 

Justice Neuberger of 21st March 2002 as set out above; that the amounts thereof be 

determined by a Costs Judge for those costs incurred in the High Court and the Court of 

Appeal and certified by the Clerk of the Parliaments for those incurred in this House; that 

European Patent (UK) No. 0 148 605 be amended by the deletion of paragraphs 19 to 26, 29 

and 31 of the summary on pages 8 and 9 and claims 19 to 26, 29 and 31; that the remaining 

paragraphs and claims and references to them be renumbered accordingly; and that the 

advertisement of the said amendments be dispensed with. 

3. Regina v. Secretary of State for the Home Department (Respondent) ex parte Greenfield (FC) 

(Appellant)—Further to the Order of the House of Wednesday 16th February 2005 (22nd 


the respondent do pay or cause to be paid to the appellant his costs incurred in the Divisional 

Court of Her Majesty’s High Court of Justice Queen’s Bench Division and in Her Majesty’s 

Court of Appeal and that the amount of such costs be determined by a Costs Judge; that the 

appellant do pay or cause to be paid to the respondent his costs in this House and that the 

amount of such costs, if any, to be paid by the appellant and to be paid out of the Community 

Legal Service Fund be certified by the Clerk of the Parliaments in accordance with section 11 

of the Access to Justice Act 1999; and that the costs of the appellant in this House be taxed in 

accordance with the Access to Justice Act 1999.


2005 

4. Regina v. Parole Board (Respondents) ex parte West (FC) (Appellant)—Further to the Order of 

the House of Thursday 27th January 2005 (9th Report from the Appellate Committee, Session 

2004–05 [2005] UKHL 1), it was ordered that the respondents do pay to the appellant his costs 

incurred before Mr Justice Turner and on the application for permission to appeal to Her 

Majesty’s Court of Appeal (up to and including 20th June 2002 when permission to appeal 

was granted); that the respondents do pay to the appellant half of his costs incurred before 

this House and that the amount of such last-mentioned costs be certified by the Clerk of the 

Parliaments in accordance with section 11 of the Access to Justice Act 1999; and that the costs 

of the appellant be taxed in accordance with the Access to Justice Act 1999. 


Division))—Further to the Order of the House of Wednesday 16th February 2005 (20th 


the costs of the appellant Smith in the Court of Appeal Criminal Division and in this House 

be paid out of central funds in accordance with s.16 (5)(d) of the Prosecution of OVences Act 

1985, the amount of such costs in this House to be certified by the Clerk of the Parliaments. 

6. Robertson and others (Petitioners) v. Department of Environment, Food and Rural AVairs 

(Respondents)—The petition of Guy Robertson, Mark Alexander, Simon Harland, Mark 

Holder, James Windebank and Simon Huish praying for leave to appeal was presented and 


7. O’Connell (Petitioner) v. Ipswich Crown Court (Respondents)—The petition of Shaun Paul 

O’Connell 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 16th March). 

8. Regina v. Secretary of State for the Home Department (Appellant) ex parte Adam (FC) 


9. Regina v. Secretary of State for the Home Department (Appellant) ex parte Tesema 


10. Regina v. Secretary of State for the Home Department (Appellant) ex parte Limbuela 



The petition of the National Council for Civil Liberties and Justice praying for leave to 

intervene in the said appeals was presented and referred to an Appeal Committee. 

11. London Diocesan Fund and others and others (Respondents) v. Avonridge Property Company 

Limited (Appellants)—The appeal was set down for hearing and referred to an Appellate 

Committee. 

12. Sutradhar (FC) (Appellant) v. Natural Environment Research Council (Respondents)—The 


13. Powerhouse Retail Limited and others (Respondents) v. Burroughs 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 20th April (the agents for the 



respondent now consenting to the petition praying that the time for lodging the statement and 

appendix and setting down the cause for hearing might be extended to 12th April, it was 


Papers 



1. Prisons—Government Reply to the First Report from the House of Commons Home 

AVairs Committee Session 2004–05 on Rehabilitation of Prisoners; (6486) 

2. Health—Government Report on Independence, Well-being and Choice—Our vision for 

the future of social care for adults in England: Government consultation document; 

(6499) 

3. Civil List—Pensions for 2004–2005, laid under the Civil List Act 1972. (—) 


before the House on 18th March 2005, were ordered to lie on the Table: 

1. (i) Social Security Benefits Up-rating Regulations 2005— (632)


341 

(ii) Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 

2005— (633) 


2. National Assistance (Sums for Personal Requirements and Assessment of Resources) 

(Amendment) (England) Regulations 2005, laid under the National Assistance Act 1948; 

(708) 

3. (i) Pensions Regulator Tribunal (Legal Assistance Scheme) Regulations 2005— (781) 

(ii) Pensions Regulator Tribunal (Legal Assistance Scheme - Costs) Regulations 2005— 

(782) 


4. Tax Credits Notification of Changes of Circumstances (Civil Partnership) (Transitional 

Provisions) Order 2005, laid under the Civil Partnership Act 2004. (828) 


on the Table: 

1. Local Authorities (Categorisation) (England) Order 2005, laid under the Local 


2. Occupational Pension Schemes (Independent Trustee) Regulations 2005, laid under the 

Pension Schemes Act 1993; (703) 

3. Contaminants in Food (England) (Amendment) Regulations 2005, laid under the Food 

Safety Act 1990; (775) 

4. Social Security (Claims and Payments) Amendment (No. 2) Regulations 2005, laid under 

the Social Security Administration Act 1992; (777) 


Hertfordshire) (District of Welwyn Hatfield) Order 2005, laid under the Road TraYc Act 

1991; (779) 

6. Crime Prevention (Designated Areas) Order 2005, laid under the Highways Act 1980; 

(829) 

7. Pensions Increase (Review) Order 2005, laid under the Social Security Pensions Act 1975; 

(858) 

8. Revision of Statutes made by Wolfson College, Cambridge, laid under the Universities 

of Oxford and Cambridge Act 1923. (—) 



1. (i) Report and Accounts for 2002–03 of the Central Police Training and Development 

Authority— 

(ii) Report and Accounts for 2003–04 of the Central Police Training and Development 

Authority— 

laid under the Criminal Justice and Police Act 2001; 

2. Accounts for 2003–04 of the Grants and Loans to the Housing Action Trusts, together 

with the Report of the Comptroller and Auditor General, laid under the Housing Act 

1988; 

3. Law Commission: Ninth Programme of Law Reform, laid under the Law Commission 

Act 1965; 

4. Business Plan for 2004–05 of the Northern Ireland Legal Services Commission, laid under 

the Access to Justice (Northern Ireland) Order 2003; 

5. Accounts for 2003–04 of the Public Health Laboratory Service Board, together with the 

Report of the Comptroller and Auditor General, laid under the National Health Service 

Act 1977; 

6. Report and Accounts for 2003-04 of the Equality Commission for Northern Ireland, laid 

under the Northern Ireland Act 1998. 


19. Science and Technology—The 2nd Report from the Select Committee, Radioactive Waste 

Management: Government Response, was made and ordered to be printed. (HL Paper 89) 




Serious Organised Crime and Police Bill; 

Mental Capacity Bill—Government amendment for Third Reading; (HL Paper 90) 

16th Report, on the Draft Regulatory Reform (Fire Safety) Order 2005. (HL Paper 91)


2005 


21. Business of the House—It was moved by the Lord President (Baroness Amos) that the following 

Unstarred Question be referred to a Grand Committee— 

The Countess of Mar—To ask Her Majesty’s Government whether they will reconsider 

their policy on bovine tuberculosis in light of concerns expressed by more than 350 

veterinary surgeons to the Secretary of State for Environment, Food and Rural AVairs 

about the spread of the disease; 


22. New Opportunities Fund (Specification of Initiative) Order 2005—It was moved by the Lord 



23. Contracting Out (Functions in Relation to Cultural Objects) Order 2005—It was moved by the 

Lord President (Baroness Amos) that the draft Order be referred to a Grand Committee; the 


24. Constitutional Reform Bill [hl]—The Commons amendments were considered; motions that the 

House do disagree with certain Commons amendments were disagreed to (see division lists 1 

and 2); then the Commons amendments were agreed to; further Commons amendments were 

agreed to. 

25. Identity Cards Bill—It was moved by the Baroness Scotland of Asthal that the bill be now read a 

second time; after debate, the motion was agreed to and the bill was committed to a 

Committee of the Whole House. 

26. Charities Bill [hl]—The bill was reported from the Grand Committee with amendments; it was 

ordered that the bill be printed as amended. (HL Bill 49) 

The House was adjourned at two minutes past nine o’clock 


DIVISIONS 




Commons in their Amendment 1B, to leave out “agree” and insert “disagree”; which being objected to, 


Contents … … … … … … 191 


Ackner, L. 


Ampthill, L. 


Arran, E. 


Attlee, E. 



Blackwell, L. 

Blaker, L. 

Bledisloe, V. 


Bowness, L. 

Bridgeman, V. 

Bridges, L. 

Brightman, L. 



Buscombe, B. 

Byford, B. 



CONTENTS 






Chilver, L. 

Chorley, L. 

Cobbold, L. 

Condon, L. 


Courtown, E. 


Craigavon, V. 



Cuckney, L. 



De Mauley, L. 

Dearing, L. 

Denham, L. 



Dundee, E. 



Elles, B. 


Elton, L. 

Erroll, E. 

Ferrers, E. 

Flather, B. 

Fookes, B. 


Fowler, L. 

Freeman, L. 


Geddes, L. 


Glentoran, L. 


Goschen, V. 


Greenway, L. 

Hanham, B. 

Hanningfield, L.


343 


Hayhoe, L. 

Henley, L. 


Hogg, B. 

Hooper, B. 

Hooson, L. 


Howe, E. 





Hylton, L. 

Inglewood, L. 


Jellicoe, E. 


Jopling, L. 

Kalms, L. 

Kimball, L. 


Kingsland, L. 

Kirkham, L. 





Listowel, E. 

Liverpool, E. 


London, Bp. 

Lucas, L. 

Luke, L. 

Lyell, L. 






Mancroft, L. 

Mar, C. 






Monson, L. 

Montrose, D. 



Moser, L. 


Moynihan, L. 


Naseby, L. 



Noakes, B. 



Northesk, E. 




Onslow, E. 


Palmer, L. 

Palumbo, L. 

Patten, L. 

Peel, E. 





Plumb, L. 

Prior, L. 

Quinton, L. 

Quirk, L. 

Rawlings, B. 

Reay, L. 

Rees, L. 

Rees-Mogg, L. 

Renton, L. 





Saatchi, L. 




Sandwich, E. 


Selborne, E. 

Sharples, B. 



Slim, V. 


Stewartby, L. 


Swinfen, L. 

Tanlaw, L. 


Tebbit, L. 

Thatcher, B. 


Tombs, L. 

Trefgarne, L. 


Tugendhat, L. 



Walpole, L. 

Warnock, B. 


Wilcox, B. 




Wolfson, L. 

Addington, L. 

Ahmed, L. 

Alliance, L. 


Andrews, B. 




Avebury, L. 

Bach, L. 

Barker, B. 

Barnett, L. 



Berkeley, L. 


Bhatia, L. 



Blood, B. 


Boothroyd, B. 

Borrie, L. 

Brennan, L. 

Brett, L. 

NOT-CONTENTS 


Brookman, L. 



Carter, L. 

Chandos, V. 








Crawley, B. 

David, B. 




Desai, L. 

Dholakia, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Dykes, L. 

Elder, L. 





Falkender, B. 




Fearn, L. 

Filkin, L. 


Gale, B. 

Garden, L. 


Giddens, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 

Goudie, B. 





Gregson, L. 

GriYths of Burry Port, L.


2005 


Hamwee, B. 



Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 







Hoyle, L. 





Jones, L. 

Jordan, L. 



Kirkhill, L. 

Laming, L. 


Leitch, L. 


Lipsey, L. 


Lockwood, B. 


Ludford, B. 

McDonagh, B. 








McNally, L. 




Maxton, L. 


Morgan, L. 





Murphy, B. 

Neuberger, B. 

Newby, L. 

Northover, B. 


Parekh, L. 


Pendry, L. 

Peston, L. 



Prosser, B. 


Puttnam, L. 



Razzall, L. 

Rea, L. 

Redesdale, L. 


Richard, L. 






Rooker, L. 

Roper, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 



Sewel, L. 

Sharman, L. 



Simon, V. 



Snape, L. 



Strabolgi, L. 








Thornton, B. 

Tope, L. 

TordoV, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Uddin, B. 

Varley, L. 



Walmsley, B. 



Whitaker, B. 

Whitty, L. 

Wilkins, B. 






It was moved by the Lord Lloyd of Berwick, as an amendment to the motion that this House do agree 

with the Commons in their amendment 1C, to leave out “agree” and insert “disagree”; which being 


Contents … … … … … … 189 


Ackner, L. 


Ampthill, L. 


Arran, E. 


Attlee, E. 




BiVen, L. 

Blaker, L. 

Bledisloe, V. 

CONTENTS 


Bowness, L. 

Bridgeman, V. 

Bridges, L. 

Brightman, L. 



Buscombe, B. 

Byford, B. 







Chilver, L. 

Chorley, L. 

Cobbold, L. 

Condon, L. 


Courtown, E. 


Craigavon, V. 



Cuckney, L.


345 



De Mauley, L. 

Dearing, L. 

Denham, L. 



Dundee, E. 



Elles, B. 


Elton, L. 

Erroll, E. 

Ferrers, E. 

Flather, B. 

Fookes, B. 


Fowler, L. 

Freeman, L. 


Geddes, L. 


Glentoran, L. 


Goschen, V. 


Greenway, L. 

Hanham, B. 



Hayhoe, L. 

Henley, L. 


Hogg, B. 

Hooper, B. 

Hooson, L. 


Howe, E. 





Hylton, L. 

Inglewood, L. 


Jellicoe, E. 


Jopling, L. 

Kalms, L. 

Kimball, L. 


Kingsland, L. 

Kirkham, L. 





Listowel, E. 

Liverpool, E. 


Lucas, L. 

Luke, L. 

Lyell, L. 






Mar, C. 






Monson, L. 

Montrose, D. 



Moser, L. 


Moynihan, L. 


Naseby, L. 



Noakes, B. 



Northesk, E. 




Onslow, E. 


Palmer, L. 

Palumbo, L. 

Patten, L. 

Peel, E. 





Plumb, L. 

Prior, L. 

Quinton, L. 

Quirk, L. 

Rawlings, B. 

Reay, L. 

Rees, L. 

Rees-Mogg, L. 

Renton, L. 






Saatchi, L. 





Sandwich, E. 


Selborne, E. 

Sharples, B. 



Slim, V. 


Stewartby, L. 


Swinfen, L. 


Tebbit, L. 

Thatcher, B. 


Tombs, L. 

Trefgarne, L. 


Tugendhat, L. 



Walpole, L. 

Warnock, B. 


Wilcox, B. 



Wolfson, L. 

Addington, L. 

Ahmed, L. 

Alliance, L. 


Andrews, B. 




Avebury, L. 

Bach, L. 

Barker, B. 

Barnett, L. 


Berkeley, L. 



NOT-CONTENTS 


Blood, B. 


Boothroyd, B. 

Borrie, L. 

Brennan, L. 

Brett, L. 


Brookman, L. 




Carter, L. 

Chandos, V. 








Crawley, B. 

David, B. 




Desai, L. 

Dholakia, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Dykes, L.


2005 

Elder, L. 





Falkland, V. 




Fearn, L. 

Filkin, L. 


Gale, B. 

Garden, L. 


Giddens, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 

Goudie, B. 





Gregson, L. 



Hamwee, B. 



Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 

Henig, B. 






Hoyle, L. 





Jones, L. 

Jordan, L. 



Kirkhill, L. 

Laming, L. 


Leitch, L. 


Lipsey, L. 


Lockwood, B. 


Ludford, B. 

McDonagh, B. 








McNally, L. 




Maxton, L. 



Morgan, L. 





Murphy, B. 

Neuberger, B. 

Newby, L. 

Northover, B. 


Parekh, L. 


Pendry, L. 

Peston, L. 



Prosser, B. 


Puttnam, L. 



Razzall, L. 

Rea, L. 

Redesdale, L. 


Rennard, L. 

Richard, L. 





Rooker, L. 

Roper, L. 

Rosser, L. 

Rowlands, L. 



Sandberg, L. 

Sawyer, L. 



Sewel, L. 

Sharman, L. 



Simon, V. 



Snape, L. 



Strabolgi, L. 







Thornton, B. 

Tope, L. 

TordoV, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Uddin, B. 

Varley, L. 



Walmsley, B. 



Whitaker, B. 

Whitty, L. 

Wilkins, B. 




APPENDIX 




moved and (by leave of the Committee) withdrawn; amendments were agreed to; it was 

ordered that the bill be reported with amendments. 

The Committee was adjourned at twenty-five minutes before eight o’clock.


347 

Tuesday 22nd March 2005 



Ackner, L. 

Addington, L. 

Ahmed, L. 



Amos, B. 

Ampthill, L. 

Andrews, B. 







Attlee, E. 

Avebury, L. 

Bach, L. 



Barker, B. 

Barnett, L. 



Berkeley, L. 


Best, L. 

Bhatia, L. 


BiVen, L. 


Birt, L. 

Blaker, L. 

Blatch, B. 

Bledisloe, V. 

Blood, B. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 





Brookman, L. 



Burlison, L. 

Burns, L. 

Buscombe, B. 

Byford, B. 








Carter, L. 



Chan, L. 

Chandos, V. 

Chapman, B. 

Chorley, L. 






Cobbold, L. 



Colwyn, L. 

Condon, L. 


Courtown, E. 

Cox, B. 


Craigavon, V. 

Crawley, B. 


Cuckney, L. 


David, B. 



De Mauley, L. 

Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Dykes, L. 



Elder, L. 


Elles, B. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Fearn, L. 

Filkin, L. 

Flather, B. 

Fookes, B. 


Fowler, L. 


Freeman, L. 


Gale, B. 

Garden, L. 


Geddes, L. 


Giddens, L. 

Gilbert, L. 


Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goudie, B. 





Greaves, L. 


Greenway, L. 

Gregson, L. 

Grenfell, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 






Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Healey, L. 

Henig, B. 

Henley, L. 





Holme of Cheltenham, L.


2005 

Home, E. 

Hooper, B. 

Hooson, L. 

Howe, E. 






Hoyle, L. 





Hylton, L. 

Inglewood, L. 





Jellicoe, E. 


Jones, L. 

Jopling, L. 

Judd, L. 

Kalms, L. 



Kimball, L. 



Kingsdown, L. 

Kingsland, L. 

Kirkhill, L. 


Laidlaw, L. 


Laird, L. 

Laming, L. 





Layard, L. 


Leitch, L. 



Lindsay, E. 


Lipsey, L. 

Listowel, E. 


Liverpool, E. 



Lockwood, B. 


Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 


McDonagh, B. 











McNally, L. 



Mancroft, L. 

Mar, C. 



Marsh, L. 




Maxton, L. 







Monson, L. 


Montrose, D. 

Morgan, L. 






Moynihan, L. 


Naseby, L. 

Neuberger, B. 

Newby, L. 


Noakes, B. 



Northesk, E. 

Northover, B. 





Onslow, E. 

Ouseley, L. 

Oxburgh, L. 

Palmer, L. 

Parekh, L. 


Patten, L. 


Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 






Plumb, L. 


Prosser, B. 


Puttnam, L. 

Quinton, L. 

Quirk, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 


Richard, L. 

Rix, L. 




Rogan, L. 


Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 








Sandberg, L. 

Sandwich, E. 



Seccombe, B. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 




Simon, V. 



Skidelsky, L. 

Slim, V. 




Snape, L. 





Steinberg, L. 

Stern, B. 

Stewartby, L. 



Strabolgi, L. 

Strathclyde, L.


349 


Swinfen, L. 


Tanlaw, L. 

Taverne, L. 


Tebbit, L. 


Tenby, V. 

Thatcher, B. 





Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 


Vinson, L. 



Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warnock, B. 



Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 







Winston, L. 





Papers 



1. Education—Skills: Getting on in business, getting on at work; (6483) 

2. Commissioner for Older People (Wales) Bill, Draft. (6498) 


on the Table: 

1. Adoption Support Services Regulations 2005, laid under the Adoption Act 1976; (691) 

2. High Hedges (Appeals) (England) Regulations 2005, laid under the Anti-social 

Behaviour Act 2003; (711) 

3. Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 

2005, laid under the Local Government Act 2000; (714) 

4. Recreation Grounds (Revocation of Parish Council Byelaws) Order 2005, laid under the 

Local Government Act 1972; (867) 

5. Local Government (General Grant) (Amendment) Regulations (Northern Ireland) 2005, 

laid under the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 

2002; (—) 

6. Family Proceedings (Amendment) Rules (Northern Ireland) 2005, laid under the Family 

Law (Northern Ireland) Order 1993. (—) 



1. Marriage, divorce and adoption statistics: Review of the Registrar General on marriages, 

divorces and adoptions in England and Wales in 2002, laid under the Registration Service 

Act 1953; 

2. (i) Naval and Marine Pay and Pensions (Maltese Naval Locally Engaged Personnel 

Disablement Awards) Order 2004— 

(ii) Naval and Marine Pay and Pensions (Maltese Naval Locally Engaged Personnel 

Widows’ Attributable Pensions) Order 2004— 

(iii) Naval and Marine Pay and Pensions (Maltese Naval Locally Engaged Ratings’ 

Service Pensions Increase) Order 2004— 

laid under the Naval and Marine Pay and Pensions Act 1865. 





Civil Procedure (Amendment No. 2) Rules 2005; 

and on the following negative instruments: 

Criminal Procedure Rules 2005; 

General Medical Services and Personal Medical Services Transitional and Consequential 

Provisions (Amendment) Order 2005;


2005 

Commission for Social Care Inspection (Fees and Frequency of Inspections) 

(Amendment) Regulations 2005; 

Children and Family Court Advisory and Support Service (Membership, Committee and 

Procedure) Regulations 2005. (HL Paper 92) 



Draft Community Interest Company Regulations 2005; 

Draft OVshore Petroleum Activities (Oil Pollution Prevention and Control) 




be printed: 

Remaining Government Responses for session 2003–04; (11th Report—HL Paper 94) 

European Contract Law—the way forward?, together with the Minutes of Evidence; (12th 

Report—HL Paper 95) 

Preventing Proliferation of Weapons of Mass Destruction: The EU Contribution, together 

with the Minutes of Evidence. (13th Report—HL Paper 96) 


7. Crossrail Bill—It was reported from the Standing Orders Committee, that the Standing Orders not 

complied with in respect of the bill, currently before the Commons, ought to be dispensed 

with; the report was agreed to. 



43 (Postponement and advancement of business) be dispensed with tomorrow to allow the 

unstarred question standing in the name of the Countess of Mar to be asked in the Grand 

Committee before the unstarred question in the name of the Baroness Walmsley; the motion 


9. Higher Education (Northern Ireland) Order 2005—It was moved by the Lord President (Baroness 

Amos) that the draft Order laid before the House on 8th February be approved; then it was 

moved by the Lord Glentoran, as an amendment thereto, at end to insert “but this House 

regrets that the Government have not provided the opportunity for the people of Northern 

Ireland to express their opinion on the matter, either through democratically elected 

institutions or by means of a referendum”; after debate, the amendment was agreed to (see 

division list 1); then the original motion, as amended, was agreed to. 


Appeal) Regulations 2005—The Grand Committee reported that it had considered the draft 

Regulations. 

11. Criminal Justice and Police Act 2001 (Amendment) Order 2005—The Grand Committee reported 

that it had considered the draft Order. 

12. Extradition Act 2003 (Part 3 Designation) (Amendment) Order 2005—The Grand Committee 


13. Immigration (Leave to Enter and Remain) (Amendment) Order 2005—The Grand Committee 



2005—The Grand Committee reported that it had considered the draft Regulations. 

15. Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2005—The Grand 


16. Commissioners for Revenue and Customs Bill—The report was received; amendments were moved 

and (by leave of the House) withdrawn; amendments were agreed to (see division lists 2 and 

3); amendments were agreed to; it was ordered that the bill be printed as amended. (HL Bill 50) 

17. Clean Neighbourhoods and Environment Bill—It was moved by the Lord Whitty that the bill be 

now read a second time; after debate, the motion was agreed to. 

18. Stipends (Cessation of Special Payments) Measure—It was moved by the Lord Bishop of 

Liverpool that this House do direct that, in accordance with the Church of England Assembly 

(Powers) Act 1919, the Stipends (Cessation of Special Payments) Measure be presented to Her 

Majesty for the Royal Assent; after debate, the motion was agreed to.


351 

19. Care of Cathedrals (Amendment) Measure—It was moved by the Lord Bishop of Liverpool that 

this House do direct that, in accordance with the Church of England Assembly (Powers) Act 

1919, the Care of Cathedrals (Amendment) Measure be presented to Her Majesty for the 

Royal Assent; after debate, the motion was agreed to. 

20. Church of England (Miscellaneous Provisions) Measure—It was moved by the Lord Bishop of 

Liverpool that this House do direct that, in accordance with the Church of England Assembly 

(Powers) Act 1919, the Church of England (Miscellaneous Provisions) Measure be presented 

to Her Majesty for the Royal Assent; after debate, the motion was agreed to. 

21. Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005—It was 

moved by the Lord Davies of Oldham that the draft Order laid before the House on 9th 

February be approved; after debate, the motion was agreed to. 

22. Community Legal Service (Asylum and Immigration Appeals) Regulations 2005—It was moved 

by the Baroness Ashton of Upholland that the draft Regulations laid before the House on 

23rd February be approved; after debate, the motion was agreed to. 

23. Revised Funding Code prepared by the Legal Services Commission—It was moved by the 

Baroness Ashton of Upholland that the Revised Funding Code laid before the House on 9th 

March be approved; the motion was agreed to. 

The House was adjourned at twelve minutes before eleven o’clock 


DIVISIONS 

HIGHER EDUCATION (NORTHERN IRELAND) ORDER 2005 


It was moved by the Lord Glentoran, as an amendment to the motion that the draft Order laid before 

the House on 8th February be approved, at end to insert “but this House regrets that the Government 

have not provided the opportunity for the people of Northern Ireland to express their opinion on the 

matter, either through democratically elected institutions or by means of a referendum”; which being 


Contents … … … … … … 168 


Addington, L. 


Ampthill, L. 



Attlee, E. 

Avebury, L. 

Barker, B. 


BiVen, L. 

Blaker, L. 

Blood, B. 


Bradshaw, L. 

Bridgeman, V. 




Byford, B. 




Chorley, L. 


Cobbold, L. 

Colwyn, L. 

Courtown, E. 


Cuckney, L. 

Denham, L. 

CONTENTS 

Dholakia, L. 


Dundee, E. 

Dykes, L. 



Elles, B. 


Elton, L. 

Ezra, L. 

Falkland, V. 


Fearn, L. 

Fookes, B. 


Fowler, L. 

Freeman, L. 

Garden, L. 


Geddes, L. 


Glentoran, L. 


Greaves, L. 

Greenway, L. 

Hamwee, B. 

Hanham, B. 



Hayhoe, L. 

Henley, L. 


Hooper, B. 

Hooson, L. 

Howe, E. 



Inglewood, L. 


Jellicoe, E. 


Jopling, L. 

Kalms, L. 

Kimball, L. 

Kingsdown, L. 

Kingsland, L. 

Laidlaw, L. 







Liverpool, E. 


Lucas, L. 

Luke, L. 

Lyell, L. 


MacGregor of Pulham Market, L.


2005 




McNally, L. 


Mar, C. 








Monson, L. 

Montrose, D. 



Moynihan, L. 


Naseby, L. 

Neuberger, B. 

Newby, L. 

Noakes, B. 

Northesk, E. 

Northover, B. 


Ahmed, L. 


Andrews, B. 




Bach, L. 

Barnett, L. 


Berkeley, L. 


Bhatia, L. 


Borrie, L. 

Brett, L. 


Brookman, L. 


Burlison, L. 



Carter, L. 







Crawley, B. 

David, B. 



Dearing, L. 

Desai, L. 

Dixon, L. 

Donoughue, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 

Erroll, E. 


Ouseley, L. 

Patten, L. 





Quinton, L. 

Rawlings, B. 

Razzall, L. 

Reay, L. 

Redesdale, L. 

Rennard, L. 

Renton, L. 




Rogan, L. 

Roper, L. 







Sharples, B. 


NOT-CONTENTS 






Filkin, L. 


Gale, B. 


Golding, B. 

Goldsmith, L. 


Goudie, B. 







Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 





Hoyle, L. 






Jones, L. 



Kirkhill, L. 

Layard, L. 


Leitch, L. 







Steinberg, L. 


Swinfen, L. 

Taverne, L. 

Tebbit, L. 

Thatcher, B. 




Tope, L. 

TordoV, L. 

Trefgarne, L. 




Wakeham, L. 


Walmsley, B. 

Wilcox, B. 



Lipsey, L. 

Lockwood, B. 










Maxton, L. 


Morgan, L. 




Parekh, L. 


Paul, L. 

Pendry, L. 

Peston, L. 


Prosser, B. 


Puttnam, L. 




Richard, L. 


Rowlands, L. 




Sewel, L. 

Sheldon, L. 

Simon, V. 


Skidelsky, L.


353 

Slim, V. 


Snape, L. 


Strabolgi, L. 



Tenby, V. 

Thornton, B. 

Triesman, L. 

Truscott, L. 



Uddin, B. 


Walpole, L. 


Warnock, B. 


Whitaker, B. 

Whitty, L. 

Wilkins, B. 




Winston, L. 



COMMISSIONERS FOR REVENUE AND CUSTOMS BILL 


It was moved by the Earl of Northesk, in Clause 13, page 6, line 19, at end to insert “, and 

( ) issuing instructions under section 20(1)(a)”; 


Contents … … … … … … 147 




Attlee, E. 


BiVen, L. 

Blaker, L. 


Bowness, L. 

Bridgeman, V. 



Buscombe, B. 

Byford, B. 




Colwyn, L. 

Courtown, E. 


Cuckney, L. 

De Mauley, L. 

Dholakia, L. 


Dykes, L. 



Elles, B. 


Elton, L. 


Flather, B. 

Fookes, B. 


Fowler, L. 

Garden, L. 


Geddes, L. 


Glentoran, L. 

Hamwee, B. 

Hanham, B. 



Hayhoe, L. 

Henley, L. 


CONTENTS 

Home, E. 

Hooson, L. 

Howe, E. 





Inglewood, L. 


Jopling, L. 

Kalms, L. 

Kimball, L. 


Kingsdown, L. 


Laidlaw, L. 





Lindsay, E. 

Liverpool, E. 


Lucas, L. 

Luke, L. 

Lyell, L. 



McNally, L. 


Mar, C. 






Montrose, D. 



Moynihan, L. 


Newby, L. 


Noakes, B. 


Northesk, E. [Teller] 

Northover, B. 


Onslow, E. 

Palmer, L. 






Plumb, L. 

Rawlings, B. 

Razzall, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Renton, L. 




Rogan, L. 


Roper, L. 






Sharples, B. 







Stewartby, L. 


Swinfen, L. 

Taverne, L. 

Tebbit, L. 

Thatcher, B. 



Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trumpington, B.


2005 

Tugendhat, L. 


Vinson, L. 


Wakeham, L. 


Walmsley, B. 

Wilcox, B. 



Andrews, B. 




Bach, L. 

Barnett, L. 


Berkeley, L. 


Blood, B. 

Borrie, L. 

Bragg, L. 


Brookman, L. 


Burlison, L. 


Carter, L. 

Chan, L. 

Chorley, L. 





Cobbold, L. 



Craigavon, V. 

Crawley, B. 

David, B. 



Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 

Erroll, E. 







NOT-CONTENTS 

Filkin, L. 


Gale, B. 


Golding, B. 

Goldsmith, L. 


Goudie, B. 






Harrison, L. 


Haworth, L. 

Hayman, B. 











Judd, L. 



Kirkhill, L. 

Layard, L. 


Leitch, L. 

Lipsey, L. 







Marsh, L. 



Maxton, L. 


Morgan, L. 





Parekh, L. 


Pendry, L. 

Peston, L. 


Prosser, B. 





Richard, L. 

Rosser, L. 

Rowlands, L. 




Sewel, L. 

Sheldon, L. 

Simon, V. 


Snape, L. 




Thornton, B. 

Triesman, L. 

Truscott, L. 




Walpole, L. 




Whitaker, B. 

Whitty, L. 

Wilkins, B. 






It was moved by the Earl of Northesk, in Clause 20, page 10, line 28, to leave out subsection (6); which 

being objected to, the question was put thereupon, and the House divided: 

Contents … … … … … … 134 



Attlee, E. 

BiVen, L. 

Blaker, L. 


CONTENTS 

Bowness, L. 

Bridgeman, V. 



Buscombe, B. 

Byford, B. 




Colwyn, L.


355 



Cuckney, L. 

De Mauley, L. 

Dholakia, L. 


Dundee, E. 


Elles, B. 


Elton, L. 

Flather, B. 

Fookes, B. 


Fowler, L. 


Garden, L. 


Geddes, L. 


Goodhart, L. 

Hamwee, B. 

Hanham, B. 


Hayhoe, L. 

Henley, L. 


Home, E. 

Hooper, B. 

Hooson, L. 

Howe, E. 




Inglewood, L. 


Jopling, L. 

Kalms, L. 

Kimball, L. 



Laidlaw, L. 



Lindsay, E. 

Liverpool, E. 


Lucas, L. 

Luke, L. 

Lyell, L. 



McNally, L. 


Mancroft, L. 

Mar, C. 






Montrose, D. 



Moynihan, L. 


Neuberger, B. 

Newby, L. 


Noakes, B. 


Northesk, E. 

Northover, B. 



Onslow, E. 

Palmer, L. 




Plumb, L. 

Rawlings, B. 

Razzall, L. 

Reay, L. 

Rees, L. 

Renton, L. 





Rogan, L. 

Roper, L. 





Sharples, B. 





Skidelsky, L. 


Stewartby, L. 

Swinfen, L. 

Tebbit, L. 

Thatcher, B. 




TordoV, L. 

Tugendhat, L. 

Vinson, L. 


Wakeham, L. 


Walmsley, B. 

Wilcox, B. [Teller] 



Andrews, B. 



Bach, L. 

Barnett, L. 



Blood, B. 

Borrie, L. 

Bragg, L. 

Brennan, L. 


Brookman, L. 

Burlison, L. 


Carter, L. 

Chandos, V. 






Crawley, B. 

David, B. 


NOT-CONTENTS 


Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 





Filkin, L. 


Gale, B. 


Golding, B. 

Goldsmith, L. 


Goudie, B. 



Grenfell, L. 





Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 






Hoyle, L. 




Jones, L. 

Judd, L. 


Kirkhill, L. 

Layard, L. 


Leitch, L. 

Lipsey, L. 





Mackenzie of Framwellgate, L.

356 22nd-23rd March 

2005 




Maxton, L. 


Morgan, L. 




Parekh, L. 


Pendry, L. 

Peston, L. 


Prosser, B. 





Richard, L. 

Rosser, L. 

Rowlands, L. 




Sewel, L. 

Sheldon, L. 

Simon, V. 


Snape, L. 





Thornton, B. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 



Walpole, L. 


Whitaker, B. 

Whitty, L. 

Wilkins, B. 



APPENDIX 

PROCEEDINGS OF THE GRAND COMMITTEE (IN COMMITTEE ROOM 3A/4B) 


Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of 

Appeal) Regulations 2005—It was moved by the Lord Bach that the Grand Committee do consider 

the draft Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) 

(Rights of Appeal) Regulations 2005; after debate, the motion was agreed to. 

Criminal Justice and Police Act 2001 (Amendment) Order 2005—It was moved by the Lord Bassam of 

Brighton that the Grand Committee do consider the draft Criminal Justice and Police Act 2001 

(Amendment) Order 2005; after debate, the motion was agreed to. 

Extradition Act 2003 (Part 3 Designation) (Amendment) Order 2005—It was moved by the Lord 

Bassam of Brighton that the Grand Committee do consider the draft Extradition Act 2003 (Part 3 

Designation) (Amendment) Order 2005; the motion was agreed to. 

Immigration (Leave to Enter and Remain) (Amendment) Order 2005—It was moved by the Lord 

Bassam of Brighton that the Grand Committee do consider the draft Immigration (Leave to Enter 

and Remain) (Amendment) Order 2005; after debate, the motion was agreed to. 

Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 

2005—It was moved by the Lord Bassam of Brighton that the Grand Committee do consider the 

draft Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) 

Regulations 2005; after debate, the motion was agreed to. 

Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2005—It was moved by the 

Lord Bassam of Brighton that the Grand Committee do consider the draft Criminal Procedure and 

Investigations Act 1996 (Code of Practice) Order 2005; after debate, the motion was agreed to. 

World Conference on Women—The Baroness Gould of Potternewton asked Her Majesty’s 

Government what progress has been made on the Plan of Action agreed at the United Nations 

World Conference on Women held in Beijing in 1995; after debate, the question was answered by 

the Baroness Scotland of Asthal. 

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

Wednesday 23rd March 2005 





Ackner, L. 

Addington, L. 

Ahmed, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 



Arran, E. 




Attlee, E. 

Avebury, L. 

Bach, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Best, L. 

Bhatia, L. 

BiVen, L. 


Blaker, L.


357 

Bledisloe, V. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 

Boyce, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 





Brookman, L. 



Burlison, L. 

Burns, L. 

Buscombe, B. 

Byford, B. 




Carter, L. 

Chan, L. 

Chandos, V. 

Chapman, B. 

Chester, Bp. 




Cobbold, L. 

Cockfield, L. 


Colwyn, L. 


Courtown, E. 

Coventry, Bp. 

Cox, B. 


Craigavon, V. 

Crathorne, L. 

Crawley, B. 



David, B. 



De Mauley, L. 


Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 


Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Eatwell, L. 



Elder, L. 


Elles, B. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Filkin, L. 

Flather, B. 

Fookes, B. 


Fowler, L. 


Freyberg, L. 


Gale, B. 

Garden, L. 


Geddes, L. 


Giddens, L. 

Gilbert, L. 


Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goudie, B. 





Greaves, L. 


Greenway, L. 

Gregson, L. 

Grenfell, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 




Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henley, L. 


Hogg, B. 



Hooper, B. 

Hooson, L. 




Howe, E. 





Hoyle, L. 





Hylton, L. 

Imbert, L. 



Jellicoe, E. 


JoVe, L. 

Jones, L. 

Jopling, L. 

Jordan, L. 

Judd, L. 



Kimball, L. 



Kingsland, L. 

Kirkhill, L. 


Laidlaw, L. 

Laird, L. 

Laming, L. 






Levy, L. 


Lindsay, E. 


Lipsey, L. 

Listowel, E. 


Liverpool, E. 




Lucas, L. 

Luke, L. 

Lyell, L. 











McNally, L. 



Mancroft, L. 

Mar, C. 


Marsh, L. 


Maxton, L. 

Mayhew of Twysden, L.


2005 






Monson, L. 


Montrose, D. 

Moran, L. 





Moynihan, L. 


Naseby, L. 

Neuberger, B. 

Newby, L. 


Noakes, B. 


Northesk, E. 

Northover, B. 




Onslow, E. 


Oxford, Bp. 

Palmer, L. 

Parekh, L. 


Patten, L. 


Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 



Plumb, L. 


Prashar, B. 

Prosser, B. 


Quinton, L. 

Quirk, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 

Rennard, L. 

Renton, L. 


Richard, L. 


Rix, L. 



Rogan, L. 


Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 

Rowlands, L. 






Sandberg, L. 

Sandwich, E. 

Sawyer, L. 


Seccombe, B. 

Selborne, E. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 



Simon, V. 


Skidelsky, L. 

Slim, V. 



Snape, L. 



Steinberg, L. 

Stewartby, L. 



Strabolgi, L. 



Swinfen, L. 


Tanlaw, L. 



Tebbit, L. 




Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 

Uddin, B. 



Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 




Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 





Winston, L. 





1. Hereditary Peers’ By-election—The Clerk of the Parliaments notified the House that the Viscount 

Eccles had been elected in accordance with the provisions of Standing Order 10 (Hereditary 

peers: by-elections) to fill the vacancy created by the death of Lord Aberdare among the peers 




(Appellants) (England)—The appeal of Barclays Bank plc was presented and it was ordered 


or before 4th May (lodged 22nd March). 

3. Jackson and others (Appellants) v. Her Majesty’s Attorney General (Respondent) (England)—The 

appeal of John Bernard Haysom Jackson, Patrick Douglas Martin and Harriet Mair Hughes 

was presented and it was ordered that in accordance with Standing Order VI the statement 

and appendix thereto be lodged on or before 4th May.


359 

4. R v. Z (Appellant) (Northern Ireland) (On Appeal from the Court of Appeal Northern Ireland)— 

The appeal was set down for hearing and referred to an Appellate Committee. 


the Metropolis and another (Respondents)—The petition of the appellants praying that the 


extended to 19th April (the agents for the respondents consenting thereto) was presented; and 

it was ordered as prayed (lodged 21st March). 

6. In re D (a child appearing by her guardian ad litem) (Respondent) (FC)—The petition of the 

second respondent praying for leave to lodge a separate case (the agents for the appellant 



(Appellants)—It was ordered that the appellants be allowed to prosecute the appeal without 

giving the usual security for costs as required by Standing Order. 

8. Jackson and others (Appellants) v. Her Majesty’s Attorney General (Respondent)—It was ordered 

that the appellants be allowed to prosecute the appeal without giving the usual security for 

costs as required by Standing Order. 

9. Bottomley (Respondent) v. Secretary and Members of Todmorden Cricket Club (Appellants) and 

others—The petition of the appellants was presented praying that the appeal be withdrawn 

on the terms agreed between the parties (the agents for the respondent consenting thereto); 


Papers 



1. Older People—Opportunity Age: Meeting the Challenges of ageing in the 21st century; 

(6466) 

2. Intelligence Services—Review of Intelligence on Weapons of Mass Destruction: 

Implementation of Its Conclusions; (6492) 

3. Council of Europe—Sixth Protocol to the General Agreement on Privileges and 

Immunities of the Council of Europe; (6493) 

4. Nuclear Energy—Agreement between the United Kingdom and Ireland on the Early 

Notification of a Nuclear Accident or Incident of Radiological Significance and the 

Exchange of Information concerning the Operation and Management of Nuclear 

Facilities or Activities; (6494) 

5. Police—Headquarters Agreement between the Government of the United Kingdom and 

the European Police College; (6495) 

6. Corporate Manslaughter Bill, Draft—Corporate Manslaughter: The Government’s Draft 

Bill for Reform: Government Consultation Document; (6497) 

7. Culture—Report of the Spoliation Advisory Panel in Respect of a 12th Century 

Manuscript now in the Possession of the British Library. (—) 


on the Table: 

1. Occupational Pension Schemes (Winding up etc.) Regulations 2005, laid under the 

Pension Schemes Act 1993; (706) 

2. Workmen’s Compensation (Supplementation) (Amendment) Scheme 2005, laid under 

the Social Security Contributions and Benefits Act 1992; (832) 

3. Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 2005, laid under 

the Reserve Forces Act 1996; (859) 

4. Prison (Amendment) Rules 2005, laid under the Prison Act 1952; (869) 

5. (i) Insolvency Act 1986 (Amendment) Regulations 2005— (879) 

(ii) Waste Management Licensing (England and Wales) (Amendment and Related 

Provisions) Regulations 2005— (883) 


6. Landfill Allowances and Trading Scheme (England) (Amendment) Regulations 2005, 

laid under the Waste and Emissions Trading Act 2003; (880) 

7. Parliamentary Pensions (Amendment) Regulations 2005, laid under the Parliamentary 

and Other Pensions Act 1987; (887) 

8. Rules of the Supreme Court (Northern Ireland) (Amendment) 2005, laid under the 

Judicature (Northern Ireland) Act 1978; (—) 

9. Prison and Young OVenders Centre (Amendment) Rules (Northern Ireland) 2005, laid 

under the Prison Act (Northern Ireland) 1953. (—)


2005 



1. Report and Accounts for 2003–04 of the National Care Standards Commission, laid 

under the Health and Social Care (Community Health and Standards) Act 2003 

(Commission for Healthcare Audit and Inspection and Commission for Social Care 

Inspection) (Transitional and Consequential Provisions) Order 2004, together with the 


2. Accounts for 2003–04 of the Consolidated Fund and National Loans Fund, laid under 

the National Loans Act 1968, together with the Report of the Comptroller and Auditor 

General; 

3. Prudential Borrowing Code for National Health Service Foundation Trusts, laid under 

the Health and Social Care (Community Health and Standards) Act 2003; 

4. Report of the Parliamentary Commissioner for Administration on the Maxwell 

Communications Pension Plan Complaint, laid under the Parliamentary Commissioner 

Act 1967; 

5. Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions 

(Amendment) Order 2005, laid under the Social Security (Miscellaneous Provisions) Act 

1977. (851) 



printed: 

Scrutiny of Bills: Progress Report, together with appendices; (15th Report—HL Paper 97) 

Equality Bill, together with an appendix; (16th Report—HL Paper 98) 

Review of International Human Rights Instruments, together with appendices. (17th 

Report—HL Paper 99) 



the motions in the names of the Baroness Perry of Southwark and the Lord Howard of Rising 

set down for today shall each be limited to 2° hours; the motion was agreed to. 

15. Railways Bill—It was moved by the Lord Davies of Oldham that the amendments for the Report 

stage be marshalled and considered in the following order: 











Clause 22 Clause 59; 

Schedule 7 


16. Schools: pupil behaviour (2°-hour debate)—It was moved by the Baroness Perry of Southwark 

that there be laid before the House papers relating to pupil behaviour in schools; after debate, 


17. Planning policies (2°-hour debate)—It was moved by the Lord Howard of Rising that there be laid 

before the House papers relating to Government planning policies on new house building and 

the control of traveller sites; after debate, the motion was (by leave of the House) withdrawn. 

18. New Opportunities Fund (Specification of Initiative) Order 2005—The Grand Committee 


19. Contracting Out (Functions in Relation to Cultural Objects) Order 2005—The Grand Committee 


20. Income Tax (Trading and Other Income) Bill—It was moved by the Lord McIntosh of Haringey 

that the bill be now read a second time; the motion was agreed to and the Committee was 

negatived; then, Standing Order 47 having been dispensed with, the bill was read a third time 

and passed.

2005 23rd-24th March 

361 

21. Open-Ended Investment Companies (Amendment) Regulations 2005—It was moved by the Lord 

McIntosh of Haringey that the draft Regulations laid before the House on 10th February be 


22. Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) 

(Amendment) Order 2005—It was moved by the Lord McIntosh of Haringey that the draft 

Order laid before the House on 10th February be approved; the motion was agreed to. 

23. Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 

2005—It was moved by the Lord McIntosh of Haringey that the draft Order laid before the 

House on 1st February be approved; after debate, the motion was agreed to. 

24. Child Trust Funds (Appeals) Regulations 2005—It was moved by the Baroness Hollis of Heigham 

that the draft Regulations laid before the House on 9th February be approved; after debate, 


25. Child Trust Funds (Appeals) (Northern Ireland) Regulations 2005—It was moved by the Baroness 

Hollis of Heigham that the draft Regulations laid before the House on 9th February be 


26. Social Security Commissioners (Procedure) (Child Trust Funds) Regulations 2005—It was moved 

by the Baroness Hollis of Heigham that the draft Regulations laid before the House on 9th 


The House was adjourned at twenty-four minutes past nine o’clock 


APPENDIX 



New Opportunities Fund (Specification of Initiative) Order 2005—It was moved by the Lord McIntosh 

of Haringey that the Grand Committee do consider the draft New Opportunities Fund 

(Specification of Initiative) Order 2005; after debate, the motion was agreed to. 

Contracting Out (Functions in Relation to Cultural Objects) Order 2005—It was moved by the Lord 

McIntosh of Haringey that the Grand Committee do consider the draft Contracting Out 

(Functions in Relation to Cultural Objects) Order 2005; after debate, the motion was agreed to. 

Bovine tuberculosis—The Countess of Mar asked Her Majesty’s Government whether they will 

reconsider their policy on bovine tuberculosis in light of concerns expressed by more than 350 

veterinary surgeons to the Secretary of State for Environment, Food and Rural AVairs about the 

spread of the disease; after debate, the question was answered by the Lord Whitty. 

United Nations: Rights of the Child Report 2002—The Baroness Walmsley asked Her Majesty’s 

Government what progress has been made on the recommendations of the United Nations 

Committee on the Rights of the Child Report 2002; after debate, the question was answered by the 

Baroness Andrews. 

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




Ackner, L. 

Addington, L. 

Ahmed, L. 


Alliance, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 









Attlee, E. 

Avebury, L. 

Barker, B. 

Barnett, L. 



Bhatia, L. 

BiVen, L. 


Blatch, B. 

Bledisloe, V. 


Boothroyd, B. 

Borrie, L. 


Bowness, L. 


Bradshaw, L. 

Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridges, L. 

Brooke of Alverthorpe, L.


2005 


Brookman, L. 



Burlison, L. 

Buscombe, B. 

Byford, B. 




Carter, L. 

Chandos, V. 

Chapman, B. 





Cobbold, L. 

Cockfield, L. 

Colwyn, L. 

Condon, L. 


Cox, B. 

Craigavon, V. 

Crathorne, L. 

Crawley, B. 



David, B. 




Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 


Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Eatwell, L. 


Elder, L. 


Elles, B. 

Elton, L. 

Elystan-Morgan, L. 

Erroll, E. 



Falkender, B. 

Falkland, V. 




Filkin, L. 


Fitt, L. 

Fookes, B. 

Fowler, L. 

Freeman, L. 

Freyberg, L. 

Gale, B. 

Garden, L. 


Geddes, L. 


Giddens, L. 

Glentoran, L. 

Golding, B. 

Goodhart, L. 


Goudie, B. 




Greaves, L. 


Greenway, L. 

Grenfell, L. 

Grocott, L. 

Hamwee, B. 

Hanham, B. 



Harrison, L. 

Haskel, L. 


Haworth, L. 

Hayman, B. 

Henley, L. 




Hooper, B. 

Hooson, L. 


Howe, E. 






Hoyle, L. 




Hylton, L. 





Jones, L. 

Jordan, L. 

Judd, L. 



Kingsland, L. 

Kirkhill, L. 


Laird, L. 





Lipsey, L. 

Listowel, E. 



Lockwood, B. 

Lucas, L. 

Luke, L. 

Lyell, L. 










McNally, L. 


Mancroft, L. 

Mar, C. 



Marsh, L. 


Maxton, L. 


Methuen, L. 


Mitchell, L. 



Monson, L. 


Montrose, D. 

Morgan, L. 







Naseby, L. 

Neuberger, B. 

Newby, L. 



Noakes, B. 

Northesk, E. 

Northover, B. 




Oxburgh, L. 

Palmer, L. 

Parekh, L. 


Patten, L. 

Paul, L. 


Peel, E. 

Pendry, L. 


Peston, L. 




Plumb, L. 



Quinton, L. 

Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees, L. 

Rendell of Babergh, B.


363 

Rennard, L. 

Renton, L. 

Richard, L. 

Rix, L. 



Rogan, L. 

Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 









Sandberg, L. 

Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Sewel, L. 


Sheldon, L. 



Simon, V. 


Skidelsky, L. 





Stern, B. 

Stewartby, L. 


Strabolgi, L. 



Swinfen, L. 




Tenby, V. 




Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 

Uddin, B. 



Wakeham, L. 



Walmsley, B. 

Walpole, L. 


Warnock, B. 



Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 








Papers 



1. Pay Review Bodies—Third Report of the Prison Service Pay Review Body on Northern 

Ireland; (6504) 

2. Law—Government Response to the Report of the House of Commons Constitutional 

AVairs Select Committee on Family Justice: the Operation of the family courts; (6507) 

3. Contingent Liability—Departmental Minute from HM Treasury on the Bequest to the 

Nation of Harold William Frost Deceased. (—) 


on the Table: 

1. (i) Equipment and Protective Systems Intended for Use in Potentially Explosive 

Atmospheres (Amendment) Regulations 2005— (830) 

(ii) Supply of Machinery (Safety) (Amendment) Regulations 2005— (831) 

(iii) Hazardous Waste (England and Wales) Regulations 2005— (894) 

(iv) List of Wastes (England) Regulations 2005— (895) 


2. (i) Social Security (Graduated Retirement Benefit) (Amendment) Regulations 2005— 

(846) 

(ii) Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 

2005— (915) 


3. Merchant Shipping (Accident Reporting and Investigation) Regulations 2005, laid under 

the Merchant Shipping Act 1995; (881) 

4. National Health Service (Primary Medical Services) (Miscellaneous Amendments) 

Regulations 2005, laid under the National Health Service Act 1977; (893) 

5. General Medical Council (Legal Assessors) (Amendment) Rules 2005, laid under the 

Medical Act 1983; (896) 

6. Young OVender Institution (Amendment) Rules 2005, laid under the Prison Act 1952; 

(897)


2005 

7. (i) Materials and Articles in Contact with Food (England) Regulations 2005— (898) 

(ii) Food Labelling (Amendment) (England) Regulations 2005— (899) 


8. (i) Public Processions (Northern Ireland) Act 1998 (Code of Conduct) Order 2005— 

(901) 

(ii) Public Processions (Northern Ireland) Act 1998 (Procedural Rules) Order 2005— 

(903) 

(iii) Public Order (Prescribed Forms) Regulations (Northern Ireland) 2005— (904) 

(iv) Public Processions (Northern Ireland) Act 1998 (Guidelines) Order 2005— (905) 

laid under the Public Processions (Northern Ireland) Act 1998; 

9. Plant Health (Import Inspection Fees) (England) Regulations 2005, laid under the 

Finance Act 1973; (906) 

10. Child Trust Funds (Amendment No. 2) Regulations 2005, laid under the Child Trust 

Funds Act 2004; (909) 

11. Courts Act 2003 (Transitional Provisions, Savings and Consequential Provisions) Order 

2005, laid under the Courts Act 2003; (911) 

12. Crime Prevention (Designated Areas) (No. 2) Order 2005, laid under the Highways Act 

1980; (914) 

13. Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) 

(No. 2) Order 2005, laid under the Gender Recognition Act 2004; (916) 

14. Social Security Commissioners (Procedure) (Child Trust Funds) Regulations (Northern 

Ireland) 2005, laid under the Social Security (Northern Ireland) Order 1998; (—) 

15. (i) Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 2005— (—) 

(ii) Criminal Appeal (Retrial for Serious OVences) Rules (Northern Ireland) 2005— 

(—) 

(iii) Criminal Appeal (Prosecution Appeals) Rules (Northern Ireland) 2005— (—) 

(iv) Criminal Appeal (Amendment) (Northern Ireland) Rules 2005— (—) 

laid under the Judicature (Northern Ireland) Act 1978; 




1. Plan for 2005–06 of the OYce of Fair Trading, laid under the Enterprise Act 2002; 

2. Accounts for 2003–04 of the Dartford-Thurrock Crossing Road User Charging Scheme, 

laid under the Trunk Road Charging Schemes (Bridges and Tunnels) (Keeping of 

Accounts) (England) Regulations 2003. 


4. Children (Contact) and Adoption Bill, Draft—The Report from the Joint Committee was made 

and ordered to be printed, together with the Minutes of Evidence. (HL Paper 100) 


5. Expenses—It was moved by the Lord President (Baroness Amos) to resolve, That for the purposes 

of the Resolutions of the House relating to the entitlement to recover expenses of travel, oYce 

costs and day and overnight subsistence, attendance at the House on Friday 11th March shall 

constitute attendance at a separate sitting of the House; the motion was agreed to. 


Appeal) Regulations 2005—It was moved by the Baroness Crawley that the draft Regulations 

laid before the House on 13th January be approved; the motion was agreed to. 

7. Criminal Justice and Police Act 2001 (Amendment) Order 2005— 

8. Extradition Act 2003 (Part 3 Designation) (Amendment) Order 2005— 

9. Immigration (Leave to Enter and Remain) (Amendment) Order 2005— 


2005—


365 

11. Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2005— 

It was moved by the Lord Rooker that the draft Orders laid before the House on 10th, 21st 

and 23rd February and the draft Regulations on 7th February be approved en bloc; the motion 


12. New Opportunities Fund (Specification of Initiative) Order 2005—It was moved by the Lord 

McIntosh of Haringey that the draft Order laid before the House on 9th February be 


13. Contracting Out (Functions in Relation to Cultural Objects) Order 2005—It was moved by the 

Lord McIntosh of Haringey that the draft Order laid before the House on 24th February be 


14. Child Benefit Bill—The bill was read a third time and passed. 

15. Procedure of the House—It was moved by the Chairman of Committees that the First Report from 

the Select Committee be agreed to; then it was moved by the Lord Rodgers of Quarry Bank, 

as an amendment thereto, at end to insert “but with the omission of paragraph 20(a)”; after 

debate, the amendment was disagreed to (see division list 1); then it was moved by the 

Baroness Lockwood, as an amendment to the original motion, at end to insert “but with the 

omission of paragraph 20(b)”; the amendment was agreed to; then the original motion, as 

amended, was agreed to. 

16. Royal Assent—The Lord Speaker (Lord Brougham and Vaux) notified the Queen’s Assent to the 

following Acts and Measures: 

Constitutional Reform Act c. 4 

Income Tax (Trading and Other Income) Act c. 5 

Child Benefit Act c. 6 

Stipends (Cessation of Special Payments) Measure No. 1 

Care of Cathedrals (Amendment) Measure No. 2 

Church of England (Miscellaneous Provisions) Measure No. 3 

17. Mental Capacity Bill—The bill was read a third time; amendments were moved and (by leave of 

the House) withdrawn; an amendment was disagreed to (see division list 2); amendments were 

agreed to; then the bill was passed and returned to the Commons with amendments. 

18. Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and 

Audit) Order 2005—It was moved by the Baroness Andrews that the draft Regulatory Reform 

Order laid before the House on 9th February be approved; after debate, the motion was 

agreed to. 

The House was adjourned at eleven minutes before six o’clock 

to Monday 4th April next, half-past two o’clock. 

DIVISIONS 

FIRST REPORT FROM THE PROCEDURE COMMITTEE 


It was moved by the Lord Rodgers of Quarry Bank, as an amendment to the motion that the First 

Report from the Select Committee be agreed to, at end to insert “but with the omission of paragraph 

20(a)”; which being objected to, the question was put thereupon, and the House divided: 

Contents … … … … … … 98 


Addington, L. 


Alliance, L. 


Ampthill, L. 


Avebury, L. 

Barker, B. 


BiVen, L. 

Blatch, B. 

CONTENTS 

Bledisloe, V. 


Bradshaw, L. 





Cockfield, L. 

Colwyn, L. 

Craigavon, V. 

Crathorne, L. 

Denham, L. 

Dholakia, L. 


Elton, L. 

Falkland, V. 

Fookes, B. 

Freeman, L. 

Garden, L. 


Glentoran, L. 

Goodhart, L.


2005 

Greaves, L. 

Hamwee, B. 


Hooper, B. 





Kingsland, L. 


Listowel, E. 


Lyell, L. 

Maclennan of Rogart, L. [Teller] 

McNally, L. 


Methuen, L. 




Monson, L. 

Montrose, D. 



Neuberger, B. 

Noakes, B. 

Northesk, E. 

Northover, B. 




Palmer, L. 

Patten, L. 


Peel, E. 



Plumb, L. 

Rawlings, B. 

Razzall, L. 

Redesdale, L. 

Renton, L. 






Sandberg, L. 


Seccombe, B. 

Selborne, E. 





Skidelsky, L. 

Swinfen, L. 



Tope, L. 

Walmsley, B. 

Walpole, L. 




Ahmed, L. 


Andrews, B. 






Boothroyd, B. 

Brett, L. 

Bridges, L. 

Brookman, L. 

Burlison, L. 


Carter, L. 

Chandos, V. 





Cobbold, L. 

Condon, L. 


Crawley, B. 

D’Souza, B. 

David, B. 




Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Eatwell, L. 

Elder, L. 









Filkin, L. 

NOT-CONTENTS 


Gale, B. 

Geddes, L. 


Golding, B. 


Goudie, B. 

Gould of Potternewton, B. [Teller] 

Graham of Edmonton, L. [Teller] 


Grocott, L. 


Harrison, L. 

Haskel, L. 

Haworth, L. 

Hayman, B. 

Henley, L. 




Hoyle, L. 





Jones, L. 

Jordan, L. 

Judd, L. 


Laird, L. 

Lipsey, L. 

Lockwood, B. 

Luke, L. 








Marsh, L. 

Maxton, L. 


Mitchell, L. 

Morgan, L. 




Parekh, L. 


Paul, L. 

Pendry, L. 





Richard, L. 

Rix, L. 

Rogan, L. 

Rooker, L. 

Rosser, L. 



Sawyer, L. 


Sewel, L. 



Strabolgi, L. 



Tenby, V. 


Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 

Uddin, B. 




Warnock, B. 


Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B.


367 





MENTAL CAPACITY BILL 


It was moved by the Earl Howe, in Clause 11, page 7, line 24, to leave out from “treatment,” to “and” 

in line 25; which being objected to, the question was put thereupon, and the House divided: 

Contents … … … … … … 18 




Crathorne, L. 

Elton, L. 

Hooper, B. 

Howe, E. 

Addington, L. 


Ampthill, L. 

Andrews, B. 



Attlee, E. 

Avebury, L. 

Barker, B. 



Bradshaw, L. 

Brett, L. 


Brookman, L. 


Carter, L. 

Chapman, B. 



Craigavon, V. 

Crawley, B. 

D’Souza, B. 



Desai, L. 

Dholakia, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 


Erroll, E. 







Filkin, L. 

CONTENTS 




Luke, L. 

Maginnis of Drumglass, L. [Teller] 


NOT-CONTENTS 


Gale, B. 

Garden, L. 


Golding, B. 

Goodhart, L. 


Greaves, L. 



Hamwee, B. 


Haworth, L. 

Hayman, B. 




Hoyle, L. 



Judd, L. 

Kingsland, L. 


Listowel, E. 

Lockwood, B. 






McNally, L. 


Maxton, L. 

Mitchell, L. 

Monson, L. 


Neuberger, B. 

Northover, B. 


Parekh, L. 



Patten, L. 

Pendry, L. 






Rea, L. 

Redesdale, L. 


Richard, L. 

Rix, L. 



Rosser, L. 




Sawyer, L. 



Sewel, L. 


Simon, V. 

Tenby, V. 


Thornton, B. 

Tope, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 



Walmsley, B. 

Warnock, B. 



Whitty, L. 

Wilkins, B. 





368 4th April 

2005 

Monday 4th April 2005 





Ackner, L. 

Acton, L. 

Addington, L. 

Adebowale, L. 

Ahmed, L. 


Alliance, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 



Arran, E. 


Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 

Barker, B. 

Barnett, L. 



Berkeley, L. 


Bhatia, L. 


BiVen, L. 


Birt, L. 

Blackwell, L. 

Blaker, L. 

Bledisloe, V. 

Blood, B. 


Borrie, L. 



Bradshaw, L. 

Bragg, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 




Brookman, L. 


Burlison, L. 

Buscombe, B. 

Byford, B. 




Carter, L. 


Chandos, V. 

Chester, Bp. 






Cobbold, L. 


Colwyn, L. 



Courtown, E. 

Cox, B. 

Craigavon, V. 

Crawley, B. 


Croham, L. 




David, B. 



De Mauley, L. 


Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 


Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Eatwell, L. 

Eccles, V. 


Elder, L. 


Elles, B. 


Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Fearn, L. 

Ferrers, E. 

Filkin, L. 


Fitt, L. 

Fookes, B. 


Fowler, L. 


Freyberg, L. 


Gale, B. 

Garden, L. 


Geddes, L. 

Giddens, L. 

Gilbert, L. 

Glasgow, E. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 





Greenway, L. 

Gregson, L. 

Grenfell, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 




Harrison, L. 


Haskel, L. 


Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henley, L. 

Higgins, L. 


Hogg, B. 




Hooper, B. 

Hooson, L. 



Howe, E. 





Hoyle, L. 





Hurd of Westwell, L.

2005 4th April 

369 




Jellicoe, E. 

JoVe, L. 

Jones, L. 

Jordan, L. 

Judd, L. 



Kimball, L. 



Kingsland, L. 

Kirkhill, L. 

Laird, L. 

Laming, L. 



Layard, L. 


Leitch, L. 



Lipsey, L. 

Listowel, E. 

Liverpool, E. 

Lucas, L. 

Luke, L. 

Lyell, L. 


McCluskey, L. 


McDonagh, B. 











McNally, L. 

Maddock, B. 

Mallalieu, B. 


Mancroft, L. 

Mar, C. 


Marsh, L. 



Maxton, L. 




Monson, L. 


Montrose, D. 


Moran, L. 

Morgan, L. 




Moser, L. 


Moynihan, L. 

Murphy, B. 


Naseby, L. 

Newby, L. 


Nicol, B. 



Northesk, E. 

Northover, B. 



Onslow, E. 

Ouseley, L. 

Owen, L. 

Oxburgh, L. 

Palmer, L. 

Parekh, L. 

Patel, L. 


Peel, E. 

Pendry, L. 

Peston, L. 





Plumb, L. 


Prashar, B. 

Prosser, B. 


Puttnam, L. 

Quinton, L. 

Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Redesdale, L. 

Rees-Mogg, L. 


Renton, L. 

Richard, L. 

Rix, L. 





Rogan, L. 

Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 

Rowlands, L. 








Sandberg, L. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Sewel, L. 

Sharples, B. 


Sheldon, L. 


Simon, V. 


Slim, V. 



Snape, L. 




Steinberg, L. 

Stern, B. 



Strabolgi, L. 


Swinfen, L. 


Taverne, L. 


Tebbit, L. 






Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 




Wakeham, L. 


Walmsley, B. 

Walpole, L. 


Warner, L. 

Warnock, B. 


Waverley, V. 



Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 




Windlesham, L.

370 4th April 

2005 

Winston, L. 





1. Oath—John Dawson Viscount Eccles, having received a Writ of Summons in accordance with 

Standing Order 10 (Hereditary peers: by-elections) following the death of Lord Aberdare, took 

and subscribed the oath pursuant to statute. 

2. Deaths of Lords—The Lord Chancellor acquainted the House that the following members of the 

House had died: 

Lord Callaghan of CardiV on 26th March 2005 

Lord Roll of Ipsden on 30th March 2005. 


3. Smith (FC) (Appellant) v. Secretary of State for Work and Pensions and another (Respondents) 

(England)—The appeal of Helen Smith was presented and it was ordered that in accordance 

with Standing Order VI the statement and appendix thereto be lodged on or before 16th May. 

The appellant’s certificate of public funding was lodged (lodged 14th March). 

4. R (on the application of N) (FC) (Petitioner) v. Secretary of State for the Home Department 

(Respondent)—The petition of N praying for leave to appeal was presented and referred to 

an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 28th 

February). 

5. M (FC) (Petitioner) v. Immigration Appeal Tribunal (Respondents)—The petition of M praying 

for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s 

certificate of public funding was lodged (lodged 23rd March). 

6. G (FC) (Petitioner) v. Immigration Appeal Tribunal (Respondents)—The petition of G praying 

for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s 

certificate of public funding was lodged (lodged 23rd March). 

7. R (on the application of Begum (by her litigation friend, Rahman)) (Respondent) v. Headteacher 

and Governors of Denbigh High School (Petitioners)—The petition of the Headteacher and 

Governors of Denbigh High School praying for leave to appeal was presented and referred to 


8. Clare (FC) (Petitioner) v. Perry (trading as Widemouth Manor Hotel) (Respondent)—The petition 

of Lorraine Ann Clare praying for leave to appeal was presented and referred to an Appeal 

Committee. The petitioner’s certificate of public funding was lodged (lodged 24th March). 

9. Jafari-Fini (Petitioner) v. Skillglass Limited and others (Respondents)—The petition of 

Mohammad Jafari-Fini praying for leave to appeal was presented and referred to an Appeal 

Committee. 

10. Will Gannon & Smith Limited (Petitioners) v. Abbott and another (Respondents)—The petition 

of Will Gannon & Smith Limited praying for leave to appeal was presented and referred to 


11. Kuwait Airways Corporation (Respondents) v. Iraqi Airways Company (Petitioners) (2005)—The 

petition of Iraqi Airways Company praying for leave to appeal was presented and referred to 















The appeals were set down for hearing and referred to an Appellate Committee (lodged 24th 

March).


371 




May (the agents for the respondents consenting thereto) was presented; and it was ordered 

as prayed. 

19. In re J (a child) (FC)—The petition of the appellant praying that the time for lodging the statement 

and appendix and setting down the cause for hearing might be extended to 31st March next 

(the agents for the respondent consenting thereto) was presented; and it was ordered as prayed 

(lodged 24th March). 


Council (Appellants) and others (Scotland)— 


Council and others (Appellants) (Scotland)— 


lodge one statement, one appendix and separate cases and that the respondents have leave to 

lodge separate cases and be separately represented (the agents for the respondents consenting 


Papers 



1. Security—Agreement between the United Kingdom and the United States on 

Cooperation in Science and Technology for Critical Infrastructure Protection and other 

Homeland/Civil Security Matters; (31st March) (6501) 

2. Human Rights—Protocols 1 and 2 to the European Convention for the Prevention of 

Torture and Inhuman or Degrading Treatment or Punishment; (1st April) (6502) 

3. Sentenced Persons—Agreement between the United Kingdom and India on the Transfer 

of Sentenced Persons; (1st April) (6512) 

4. Housing—Government Response to the Report of the House of Commons ODPM Select 

Committee on Housing, Planning and Local Government and the Regions on the Role 

and EVectiveness of the Commission for Architecture and the Built Environment; (4th 

April) (6509) 

5. Contingent Liability—Minute from the Department of Health in Respect of the 

Employers’ Organisation. (4th April) (—) 

23. Statutory Instruments (Standing Order 71)—The following statutory instruments, having been 

laid before the House on the dates shown, were ordered to lie on the Table: 

S.I. No. 




Adopted Children and Adoption Contact Registers Regulations 924 29th March 

2005, laid under the Adoption and Children Act 2002; 

Crime and Disorder Act 1998 (Service of Prosecution Evidence) 902 30th March 

Regulations 2005, laid under the Crime and Disorder Act 1998; 

Enterprise Act 2002 (Part 8) (Designation of the Consumers’ 917 30th March 

Association) Order 2005, laid under the Enterprise Act 2002; 

(i) Common Agricultural Policy Single Payment and Support 

Schemes (Cross Compliance) (England) (Amendment) 


Regulations 2005—

372 4th April 

2005 

S.I. No. 



(ii) Greenhouse Gas Emissions Trading Scheme Regulations 925 30th March 

2005— 


Pensions Regulator (Contribution Notices and Restoration Orders) 931 30th March 

Regulations 2005, laid under the Pensions Act 2004; 

Pensions Appeal Commissioners (Procedure) (Northern Ireland) 965 30th March 

Regulations 2005, laid under the Pensions Appeal Tribunals Act 

1943; 

Occupational Pension Schemes (Contracting-out) (Amount 891 31st March 

Required for Restoring State Scheme Rights) Amendment 

(i) 

Regulations 2005, laid under the Pension Schemes Act 1993; 

Pensions Regulator (Notifiable Events) Regulations 2005— 900 31st March 

(ii) Occupational Pension Schemes and Pension Protection Fund 




Statutory Maternity Pay (General) and Statutory Sick Pay (General) 989 31st March 

(Amendment) Regulations 2005, laid under the Social Security 

Administration Act 1992; 

Courts Act 2003 (Consequential and Transitional Provisions) Order 1012 31st March 

2005, laid under the Courts Act 2003; 

National Health Service (Pharmaceutical Services) Amendment 1015 31st March 

Regulations 2005, laid under the National Health Service Act 

1977; 

Education (Amendments to Regulations Requiring the Publication 845 1st April 

of Pupil Performance Information) (England) Regulations 2005, 

laid under the Education Act 1996; 

(i) Export and Import of Dangerous Chemicals Regulations 928 1st April 

2005— 

(ii) Civil Aviation (Denied Boarding, 

Assistance) Regulations 2005— 

Compensation and 975 1st April 

(iii) FeedingstuVs (Zootechnical Products) and Medicated 

FeedingstuVs (Amendment) (England, Scotland and Wales) 

1033 1st April 

Regulations 2005— 


Local Authorities (Functions and Responsibilities) (Amendment) 929 1st April 

(No. 2) (England) Regulations 2005, laid under the Local 

Government Act 2000; 

Asylum (Designated States) (Amendment) Order 2005, laid under 1016 1st April 

the Nationality, Immigration and Asylum Act 2002. 



1. Draft Army, Air Force and Naval Discipline Acts (Continuation) Order 2005, laid under 

the Armed Forces Act 2001, together with an Explanatory Memorandum; 

2. Direction given on 1st April by the Secretary of State for Northern Ireland under the 

Northern Ireland Act 1998, regarding Reduction of Financial Assistance, laid under the 

Northern Ireland Act 1998. 


on the Table: 

1. European Communities (Designation) Order 2005, laid under the European 


2. Copyright and Performances (Application to Other Countries) Order 2005, laid under the 

Copyright, Designs and Patents Act 1988; (852)


373 

3. Education (Variation of Admission Arrangements) (England) (Amendment) Regulations 

2005, laid under the School Standards and Framework Act 1998; (873) 

4. Education (Head Teachers’ Qualifications) (Amendment) (England) Regulations 2005, 


5. Norfolk and SuVolk Broads Act 1988 (Alteration of Constitution of the Broads 

Authority) Order 2005, laid under the Norfolk and SuVolk Broads Act 1988; (1067) 

6. Planning (Listed Buildings and Conservation Areas) (Amendment) (England) 

Regulations 2005, laid under the Planning (Listed Buildings and Conservation Areas) Act 

1990; (1085) 

7. Social Security (Contributions) (Amendment No. 4) Regulations 2005, laid under the 

Social Security Contributions and Benefits Act 1992. (1086) 



1. Accounts for 2003–04 of the Parliamentary Contributory Pension Fund, together with 

the Report of the Comptroller and Auditor General, laid under the Parliamentary and 

Other Pensions Act 1972; 

2. Report of the making of a call-out order of members of the Reserve Forces, laid under 

the Reserve Forces Act 1996; 

3. Report for 2004 on the number of notices served, directions given and enforcement 

notices served under the Aviation and Maritime Security Act 1990, laid under that Act; 


notices served under the Aviation Security Act 1982, laid under that Act; 


notices served under the Channel Tunnel (Security) Order 1994, laid under that Act; 

6. Report for 2004 on the number of notices served, instructions given and enforcement 

notices served under the Railways Act 1993, laid under that Act; 

7. Amendments to— 

(i) rates of pay of the Royal Air Force— 

(ii) regulations of Royal Air Force retired pay and pensions— 

laid under the Air Force (Constitution) Act 1917; 

8. Amendments to— 

(i) rates of pay and bounties of the Royal Air Force Reserve, the Royal Auxiliary Air 

Force and Uniformed Adult Instructors of the Air Training Corps and the Combined 

Cadet Force (RAF)— 

(ii) rates of pay and bounties of the Royal Fleet Reserve, the Royal Naval Reserve and 

the Royal Marine Reserve— 

laid under the Reserve Forces Act 1996; 

9. Community Legal Service Fund Specific Budgets 2005-06, laid under the Access to Justice 

Act 1999; 

10. Human Rights Act 1998 (Amendment) Order 2005, laid under the Human Rights Act 

1998. (1071) 


27. Standing Orders (Private Business)—It was moved by the Chairman of Committees that the 

amendments in the marshalled list, dated 24th March 2005, be made to the Standing Orders 

relating to Private Business; the motion was agreed to. 


28. Railways Bill—The report was received; an amendment was disagreed to (see division list); 

amendments were moved and (by leave of the House) withdrawn; amendments were agreed 

to; it was ordered that the bill be printed as amended. (HL Bill 51) 

29. Drugs Bill—It was moved by the Baroness Scotland of Asthal that the bill be now read a second 

time; after debate, the motion was agreed to. 

The House was adjourned at twenty-nine minutes past eight o’clock 


374 4th April 

2005 

DIVISION 

RAILWAYS BILL 

It was moved by the Viscount Astor, in Clause 3, page 5, line 5, at end to insert: 

“( ) After subsection (7B) insert— 

“(7C) The Secretary of State shall have a duty to exercise his functions under this Part and under the 

Railways Act 2005 that are not safety functions in the manner which he considers best 

calculated to— 

(a) promote the use of the railway network in Great Britain for the carriage of passengers and 

goods; and 

(b) secure the development of that railway network. 

(7D) In calculating how best to exercise the functions referred to in subsection (7C), the Secretary of 

State shall have regard to any strategy made by him under subsection (7E). 

(7E) Secretary of State shall formulate and keep under review such strategies for the railway network 

in Great Britain as he considers appropriate, including strategies relating to— 

(a) the resources available for the operation and expansion of passenger and freight services in 

England and Wales, including investment plans; 

(b) rolling stock; 

(c) infrastructure; 

(d) passenger franchising policy; and 

(e) policies for community railways. 

(7F) A draft of the strategies made by the Secretary of State under subsection (7E) shall be laid before, 

and approved by a resolution of, each House of Parliament every three years.”” 


Contents … … … … … … 120 


Addington, L. 

Alliance, L. 

Ampthill, L. 


Astor, V. 


Attlee, E. 

Avebury, L. 

Barker, B. 


Berkeley, L. 

BiVen, L. 


Bradshaw, L. 

Bridgeman, V. 



Buscombe, B. 



Cobbold, L. 




De Mauley, L. 

Denham, L. 

Dholakia, L. 

Eccles, V. 



Ezra, L. 

CONTENTS 



Fearn, L. 

Fookes, B. 


Fowler, L. 

Garden, L. 


Geddes, L. 

Glasgow, E. 



Hanham, B. 

Hayhoe, L. 

Henley, L. 


Hooson, L. 

Howe, E. 




Kimball, L. 

Kingsland, L. 



Listowel, E. 

Liverpool, E. 

Lucas, L. 

Luke, L. 

Lyell, L. 



Maddock, B. 

Mar, C. 




Montrose, D. 


Naseby, L. 

Newby, L. 


Northesk, E. 

Northover, B. 


Onslow, E. 

Palmer, L. 



Razzall, L. 

Redesdale, L. 

Renton, L. 




Roper, L. 






Sandberg, L.


375 


Seccombe, B. 

Selborne, E. 

Sharples, B. 





Stern, B. 



Swinfen, L. 

Taverne, L. 

Tebbit, L. 


Tope, L. 

TordoV, L. 

Trefgarne, L. 

Tugendhat, L. 

Ullswater, V. 



Wakeham, L. 

Walpole, L. 

Wilcox, B. 



Ahmed, L. 



Andrews, B. 



Bach, L. 

Barnett, L. 





Blood, B. 

Borrie, L. 

Bragg, L. 

Brett, L. 


Brookman, L. 

Burlison, L. 

Carter, L. 


Chandos, V. 






Crawley, B. [Teller] 

David, B. 




Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 

Erroll, E. 




Filkin, L. 


Gale, B. 

Giddens, L. 

NOT-CONTENTS 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 




Gregson, L. 




Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 






Hoyle, L. 






JoVe, L. 

Jones, L. 

Jordan, L. 



Kirkhill, L. 

Layard, L. 


Leitch, L. 

Lipsey, L. 

McDonagh, B. 






Maxton, L. 


Monson, L. 

Morgan, L. 



Nicol, B. 

Ouseley, L. 

Parekh, L. 

Patel, L. 


Peston, L. 



Puttnam, L. 

Radice, L. 



Richard, L. 

Rogan, L. 

Rooker, L. 

Rosser, L. 

Rowlands, L. 


Sawyer, L. 

Sewel, L. 

Sheldon, L. 

Simon, V. 



Strabolgi, L. 




Thornton, B. 

Triesman, L. 

Truscott, L. 



Uddin, B. 


Warner, L. 


Whitaker, B. 

Whitty, L. 

Wilkins, B. 




376 5th April 

2005 

Tuesday 5th April 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 


Alli, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 



Arran, E. 


Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 

Bagri, L. 

Barker, B. 

Barnett, L. 



Berkeley, L. 


Bhatia, L. 


BiVen, L. 


Birt, L. 

Blackwell, L. 

Blaker, L. 

Bledisloe, V. 

Blood, B. 


Borrie, L. 


Bowness, L. 

Boyce, L. 


Bradshaw, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 




Brookman, L. 


Burlison, L. 

Burns, L. 

Buscombe, B. 

Byford, B. 




Carter, L. 


Chan, L. 



Chester, Bp. 

Chorley, L. 






Cobbold, L. 



Colwyn, L. 

Condon, L. 



Courtown, E. 

Coventry, Bp. 

Cox, B. 

Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Cuckney, L. 





David, B. 



De Mauley, L. 


Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Eatwell, L. 

Eccles, V. 



Elder, L. 


Elles, B. 


Elton, L. 

Erroll, E. 



Ezra, L. 

Falkland, V. 




Fearn, L. 

Feldman, L. 

Ferrers, E. 

Filkin, L. 


Fitt, L. 


Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 


Geddes, L. 

Giddens, L. 

Gilbert, L. 

Glasgow, E. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goudie, B. 





Greenway, L. 

Gregson, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 




Harrison, L. 


Haskel, L. 

Haskins, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henley, L. 

Higgins, L. 





Home, E. 

Hooper, B. 

Hooson, L. 


Howe, E. 




Hoyle, L. 

Hughes of Woodside, L.


377 



Imbert, L. 

Inge, L. 



Jellicoe, E. 


JoVe, L. 

Jones, L. 

Judd, L. 

Kalms, L. 


Kimball, L. 


Kingsland, L. 

Kinnock, L. 

Kirkhill, L. 



Laird, L. 

Laming, L. 





Leitch, L. 



Lipsey, L. 

Listowel, E. 


Liverpool, E. 



Lockwood, B. 


Lucas, L. 

Luke, L. 













McNally, L. 

Maddock, B. 


Mallalieu, B. 


Mancroft, L. 

Mar, C. 



Marsh, L. 



Maxton, L. 



Methuen, L. 



Monson, L. 


Montrose, D. 

Morgan, L. 




Moser, L. 


Murphy, B. 


Naseby, L. 


Newby, L. 


Nicol, B. 

Noakes, B. 



Northesk, E. 

Northover, B. 



Onslow, E. 

Ouseley, L. 

Oxburgh, L. 

Oxford, Bp. 

Palmer, L. 

Parekh, L. 

Patel, L. 


Patten, L. 

Paul, L. 

Peel, E. 

Pendry, L. 


Peston, L. 







Plumb, L. 


Prashar, B. 

Prosser, B. 


Puttnam, L. 

Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 


Richard, L. 

Rix, L. 





Rogan, L. 

Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 

Rowlands, L. 







Sandberg, L. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 

Sharman, L. 


Sharples, B. 


Sheldon, L. 



Simon, V. 


Slim, V. 




Snape, L. 



Stern, B. 



Strabolgi, L. 


Swinfen, L. 


Taverne, L. 








Thornton, B. 

Tombs, L. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 



Wakeham, L.

378 5th April 

2005 



Walmsley, B. 

Walpole, L. 


Warnock, B. 


Waverley, V. 



Whitaker, B. 

Whitty, L. 

Wilcox, B. 

Wilkins, B. 





Winston, L. 




1. Barony of Aberdare in the Peerage of the United Kingdom—The Petition of Alastair John 

Lyndhurst Bruce claiming to have succeeded to the Barony of Aberdare in the Peerage of the 

United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the 

petitioner as the Lord Aberdare on his register of hereditary peers maintained under Standing 



2. Barony of Boyle in the Peerage of Great Britain—The Petition of John (also known as Jonathan) 

Richard Boyle claiming to have succeeded to the Barony of Boyle in the Peerage of Great 

Britain and praying that the Clerk of the Parliaments might be directed to enter the petitioner 

as the Lord Boyle 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 Mountgarret in the Peerage of the United Kingdom—The Petition of Piers James 

Richard Butler claiming to have succeeded to the Barony of Mountgarret in the Peerage of 

the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter 

the petitioner as the Lord Mountgarret 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. 

4. Barony of Polwarth in the Peerage of Scotland—The Petition of Andrew Walter Hepburne Scott 

claiming to have succeeded to the Barony of Polwarth in the Peerage of Scotland and praying 

that the Clerk of the Parliaments might be directed to enter the petitioner as the Lord Polwarth 

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. 


5. Royle (Petitioner) v. Manchester City Football Club plc (Respondents)—The petition of Joe Royle 


6. Walsh (AP) (Petitioner) v. Director of Assets Recovery Agency (Respondent) (Northern 

Ireland)—The petition of Cecil Walsh praying for leave to appeal notwithstanding that the 

time limited by Standing Order II has expired was presented and referred to an Appeal 

Committee. The petitioner’s legal aid certificate was lodged. 

7. Jackson and others (Appellants) v. Her Majesty’s Attorney General (Respondent)—The petition 

of the League Against Cruel Sports Limited praying for leave to intervene in the said appeal 


8. In re J (a child) (FC)—The appeal was set down for hearing and referred to an Appellate 

Committee (lodged 31st March). 

Papers 



1. Foreign AVairs—Government Response to the Third Report of the House of Commons 

Foreign AVairs Committee on the Western Balkans; (6505) 

2. Defence—Departmental Minute concerning the Ministry of Defence’s intention to 

introduce a Service Group Life Insurance (SGLI) Scheme for the Armed Forces. (—) 


on the Table: 

1. Manufacture and Storage of Explosives Regulations 2005, laid under the Health and 

Safety at Work etc. Act 1974; (1082) 

2. (i) Common Agricultural Policy Single Payment and Support Schemes (Amendment) 


(ii) Civil Aviation (Insurance) Regulations 2005— (1089)


379 

(iii) Merchant Shipping (Amendments to Reporting Requirements) Regulations 2005— 

(1092) 


3. Railways (Penalty Fares) (Amendment) Regulations 2005, laid under the Railways Act 

1993; (1095) 

4. Community Legal Services (Financial) (Amendment No. 2) Regulations 2005, laid under 

the Access to Justice Act 1999; (1097) 

5. Education (School Teachers’ Pay and Conditions) (No. 2) Order 2005, laid under the 

Education Act 2002; (1101) 

6. Rules of the Supreme Court (Northern Ireland) (Amendment No. 3) 2005, laid under the 

Prevention of Terrorism Act 2005. (—) 

11. Paper not subject to parliamentary proceedings—the following paper was laid before the House 


Report on the inspection of the Juvenile Justice Centre (Northern Ireland) in October 2004, 

laid under the Justice (Northern Ireland) Act 2002. 



be printed: 

Strengthening National Parliamentary Scrutiny of the EU—the Constitution’s Subsidiarity 

Early Warning Mechanism, together with the Minutes of Evidence; (14th Report-HL Paper 

101) 

Clause 2 of the European Union Bill—the Constitution’s passerelle provisions; (15th Report- 

HL Paper 102) 

Finland’s National Parliamentary Scrutiny of the EU, together with the Minutes of Evidence; 

(16th Report-HL Paper 103) 

Proposed European Union Integrated Action Programme for Life-long Learning, together 

with the Minutes of Evidence. (17th Report–HL Paper 104) 

13. Merits of Statutory Instruments—The following reports from the Select Committee was made and 



Local Government (Best Value) Performance Indicators and Performance Standards 

(England) Order 2005; 

Immigration Employment Document (Fees) (Amendment) Regulations 2005; 

Road Transport (Working Time) Regulations 2005; 

Non-Domestic Rating (Material Day for List Alterations) (Amendment) (England) 


Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2005; 

Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and 

Wales) Regulations 2005; (HL Paper 105) 

17th Report, Special Report: The Work of the Committee in Session 2004–05. (HL Paper 106) 


instruments, including the following aYrmative instrument: 

Draft Civil Procedure (Amendment No. 2) Rules 2005; 



15. Standing Orders (Public Business)—It was moved by the Lord President (Baroness Amos) that the 

Standing Orders relating to public business be amended as follows: 

Standing Order 41 (Arrangement of the Order Paper) 

In paragraph (1), leave out “except on Thursdays, when business other than Unstarred 

Questions may be entered before Starred Questions”. 

In paragraph (4), leave out “Wednesdays” and insert “Thursdays”. 

In paragraph (5), leave out “Wednesdays” and insert “Thursdays”. 

Standing Order 42 (Business of which notice is not necessary) 

In paragraph (3), leave out “On Thursdays Bills may also be presented after Starred Questions 

in the afternoon”. 

Standing Order 71 (Laying of Statutory Instruments) 

Leave out paragraph (2).

380 5th April 

2005 

Standing Order 73 (AYrmative Instruments) 

In paragraph (2), leave out “the Emergency Powers Act 1920” and insert “Part 2 of the Civil 

Contingencies Act 2004”. 

the motion was agreed to; it was ordered that the amendments be printed. (HL Paper 108) 

16. Serious Organised Crime and Police Bill—The House resolved itself into a Committee upon the 

bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were 

agreed to; the question that a clause stand part of the bill was negatived; the House was 

resumed. 

17. Commissioners for Revenue and Customs Bill—The bill was read a third time; amendments were 

agreed to; amendments were moved and (by leave of the House) withdrawn; an amendment 

was disagreed to (see division list); then the bill was passed and returned to the Commons with 

amendments. 

18. Serious Organised Crime and Police Bill—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 question that a clause stand part of the bill was negatived; the question 

that a Schedule be a Schedule to the bill was negatived; the House was resumed and the bill was 

reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 52) 

19. Mental Capacity Bill—The bill was returned from the Commons with the amendments agreed to. 

20. Employment Zones (Allocation of Contractors) Pilot Regulations 2005—It was moved by the 

Baroness Andrews, on behalf of the Baroness Hollis of Heigham, that the draft Regulations 

laid before the House on 22nd February be approved; after debate, the motion was agreed to. 

The House was adjourned at twenty-five minutes before midnight 


DIVISION 

COMMISSIONERS FOR REVENUE AND CUSTOMS BILL 

It was moved by the Lord Campbell of Alloway, after Clause 18, to insert the new Clause (Protection 

of confidential information); which being objected to, the question was put thereupon, and the House 

divided: 

Contents … … … … … … 43 


Attlee, E. 

Bridgeman, V. 


Byford, B. 

Campbell of Alloway, L. [Teller] 


Courtown, E. 

Craigavon, V. 


Dundee, E. 


Freyberg, L. 

Geddes, L. 


Hayhoe, L. 

Alli, L. 

Andrews, B. 



Bach, L. 


Borrie, L. 

Brennan, L. 

Brett, L. 


Brookman, L. 

CONTENTS 

Higgins, L. 


Kimball, L. 

Kingsland, L. 

Luke, L. 

Mancroft, L. 



Monson, L. 



Noakes, B. 


Northesk, E. [Teller] 


NOT-CONTENTS 

Burlison, L. 




Crawley, B. 

D’Souza, B. 


David, B. 



Desai, L. 


Plumb, L. 

Renton, L. 


Rogan, L. 

Seccombe, B. 

Selsdon, L. 



Swinfen, L. 


Ullswater, V. 


Dixon, L. 

Drayson, L. 

Dubs, L. 





Gale, B. 

Gilbert, L. 

Golding, B. 

Goldsmith, L.

2005 5th-6th April 

381 






Haskel, L. 

Haworth, L. 




Hoyle, L. 


Jones, L. 

Judd, L. 


Leitch, L. 

Lockwood, B. 






Maxton, L. 


Morgan, L. 


Patel, L. 

Pendry, L. 


Prosser, B. 

Radice, L. 




Rosser, L. 

Rowlands, L. 


Sawyer, L. 


Simon, V. 


Snape, L. 




Thornton, B. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Walpole, L. 


Whitaker, B. 

Wilkins, B. 



Wednesday 6th April 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 

Alderdice, L. 

Alli, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 




Arran, E. 


Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 


Barker, B. 

Barnett, L. 



Berkeley, L. 

Bhatia, L. 


BiVen, L. 


Birt, L. 

Blackwell, L. 

Blaker, L. 

Bledisloe, V. 


Borrie, L. 



Bradshaw, L. 



Bragg, L. 

Bramall, L. 

Brennan, L. 

Brett, L. 

Bridgeman, V. 



Brookman, L. 


Burlison, L. 

Buscombe, B. 

Byford, B. 





Carter, L. 


Chan, L. 

Chandos, V. 

Chester, Bp. 






Cobbold, L. 



Colwyn, L. 

Condon, L. 



Courtown, E. 

Craigavon, V. 

Crathorne, L. 

Crawley, B. 






David, B. 



De Mauley, L. 


Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 



Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Eatwell, L. 

Eccles, V. 



Elder, L. 


Elles, B. 


Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Feldman, L. 

Ferrers, E.

382 6th April 

2005 

Filkin, L. 

Fitt, L. 

Fookes, B. 


Fowler, L. 


Freeman, L. 

Freyberg, L. 


Gale, B. 

Garden, L. 


Geddes, L. 

Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goudie, B. 




Greaves, L. 


Greenway, L. 

Gregson, L. 

Grenfell, L. 


Grocott, L. 

Hamwee, B. 

Hanham, B. 



Hardie, L. 



Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Healey, L. 

Henley, L. 

Higgins, L. 





Home, E. 

Hooper, B. 

Hooson, L. 


Howe, E. 





Hoyle, L. 




Hylton, L. 

Inge, L. 



Jellicoe, E. 


JoVe, L. 

Jones, L. 

Jordan, L. 

Judd, L. 



Kimball, L. 



Kingsland, L. 

Kinnock, L. 

Kirkhill, L. 


Laird, L. 

Laming, L. 






Leitch, L. 


Levy, L. 


Lipsey, L. 

Listowel, E. 


Lockwood, B. 


Lucas, L. 

Luke, L. 

Lyell, L. 


McDonagh, B. 












McNally, L. 

Maddock, B. 


Mancroft, L. 

Mar, C. 



Marsh, L. 




Maxton, L. 





Monson, L. 


Montrose, D. 




Moser, L. 


Murphy, B. 


Naseby, L. 

Newby, L. 


Nicol, B. 

Noakes, B. 



Northesk, E. 

Northover, B. 


Norwich, Bp. 




Ouseley, L. 

Owen, L. 

Palmer, L. 

Parekh, L. 

Patel, L. 


Patten, L. 

Paul, L. 

Peel, E. 

Pendry, L. 









Plumb, L. 



Prashar, B. 

Prosser, B. 


Puttnam, L. 

Quirk, L. 

Radice, L. 



Rawlings, B. 

Razzall, L. 

Rea, L. 

Reay, L. 

Redesdale, L. 

Rees, L. 

Rees-Mogg, L. 


Rennard, L. 

Renton, L. 


Richard, L. 





Rogan, L. 

Rooker, L. 

Roper, L. 

Rosser, L. 

Rosslyn, E. 


Rowlands, L. 

Royall of Blaisdon, B.


383 






Sandberg, L. 

Sandwich, E. 

Sawyer, L. 



Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 


Simon, V. 


Slim, V. 




Snape, L. 




Stern, B. 

Stewartby, L. 



Strabolgi, L. 


Swinfen, L. 


Taverne, L. 




Thatcher, B. 




Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 

Tugendhat, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 





Wakeham, L. 




Walmsley, B. 

Walpole, L. 

Warner, L. 

Warnock, B. 



Waverley, V. 



Whitaker, B. 

Whitty, L. 

Wilkins, B. 






Winston, L. 











lodge one statement, one appendix and separate cases and that the respondent have leave to 

lodge one case (the agents for the respondent consenting thereto) was presented; and it was 


Papers 



1. Cyprus—Government Response to the Report of the House of Commons Foreign AVairs 

Select Committee on Cyprus; (6506) 

2. Finance—Treasury Minutes on the First, Second and Fourth Reports from the 

Committee of Public Accounts. (6496) 


on the Table: 

1. European Communities (Recognition of Professional Qualifications) (Second General 

System) (Amendment) Regulations 2005, laid under the European Communities Act 

1972; (882) 

2. Education (Free School Lunches) (State Pension Credit) Order 2005, laid under the 


3. Teacher Training Agency (Additional Functions) (England) Order 2005, laid under the 


4. Occupational and Personal Pension Schemes (Pension Liberation) Regulations 2005, laid 

under the Pensions Act 2004; (992) 

5. Special Guardianship Regulations 2005, laid under the Children Act 1989; (1109) 

6. Draft Pensions Regulator Code of Practice: Notifiable Events, laid under the Pensions 

Act 2004. (—)

384 6th April 

2005 

5. Instrument not subject to parliamentary proceedings—The following instrument was laid before 

the House and ordered to lie on the Table: 

Parliamentary Elections (Welsh Forms) Order 2005, laid under the Welsh Language Act 1993. 

(1105) 





Railways Bill—Government response; 

Serious Organised Crime and Police Bill—Government response; (HL Paper 109) 

18th Report, Special Report on Sessions 2003–04 and 2004–05: The Work of the Committee. 

(HL Paper 110) 


printed: 

Scrutiny: Final Progress Report, together with Appendices; (18th Report-HL Paper 111) 

The Work of the Committee in the 2001-2005 Parliament, together with Appendices. (19th 

Report-HL Paper 112) 



41 (Arrangement of the Order Paper) be suspended until the end of the Session so far as is 

necessary to give Her Majesty’s Government the power to arrange the order of business; and 

that Standing Orders 43 (Postponement and advancement of business) and 47 (No two stages of 

a Bill to be taken on one day) be suspended for the same period; the motion was agreed to. 

9. Railways Bill—The bill was read a third time; amendments were agreed to (see division lists 1 and 

2); amendments were agreed to; the bill was passed and returned to the Commons with 

amendments. 

10. Serious Organised Crime and Police Bill—The report was received; amendments were agreed to; 

amendments were moved and (by leave of the House) withdrawn; amendments were disagreed 

to (see division lists 3 and 4); then, Standing Order 47 having been suspended, the bill was read 

a third time and passed and returned to the Commons with amendments. 

11. Finance (No. 2) Bill—A bill to grant certain duties, to alter other duties, and to amend the law 

relating to the National Debt and the Public Revenue, and to make further provision in 

connection with finance was brought from the Commons and read a first time. 

12. Appropriation Bill—A bill to appropriate the supply authorised in this Session of Parliament for 

the service of the year ending with 31st March 2006 was brought from the Commons endorsed 

with the certificate of the Speaker that the bill is a money bill and read a first time. 

13. Clean Neighbourhoods and Environment Bill—It was moved by the Lord Whitty that the bill be 

committed to a Committee of the Whole House; the motion was agreed to. 

14. Clean Neighbourhoods and Environment Bill—After debate, the House resolved itself into a 

Committee upon the bill; amendments were agreed to; the House was resumed and the bill was 

reported with amendments; then, Standing Order 47 having been suspended, the report was 

received; the Queen’s consent was signified; the bill was read a third time and, after debate, 

passed and returned to the Commons with amendments. 

15. Drugs Bill—It was moved by the Baroness Scotland of Asthal that the bill be committed to a 

Committee of the Whole House; the motion was agreed to. 

16. Drugs Bill—The House resolved itself into a Committee upon the bill; amendments were moved 

and (by leave of the House) withdrawn; amendments were agreed to; the question that a clause 

stand part of the bill was agreed to (see division list 5); the House was resumed and the bill 

was reported with amendments; then, Standing Order 47 having been suspended, the report 

was received; the bill was read a third time and passed and returned to the Commons with 

amendments. 

17. Public Services Ombudsman (Wales) Bill [hl]—The bill was returned from the Commons agreed 

to with a privilege amendment; the amendment was considered and agreed to. 

18. Commissioners for Revenue and Customs Bill—The bill was returned from the Commons with the 

amendments agreed to. 

19. Disability Discrimination Bill [hl]—The bill was returned from the Commons agreed to with an 

amendment and a privilege amendment; it was ordered that the Commons amendments be 

printed. (HL Bill 53)


385 

20. Inquiries Bill [hl]—The bill was returned from the Commons agreed to with amendments and a 

privilege amendment; it was ordered that the Commons amendments be printed. (HL Bill 54) 

21. Railways Bill—The bill was returned from the Commons with certain amendments disagreed to 

but with amendments proposed in lieu thereof; with certain amendments disagreed to with 

reasons for such disagreement; and with the remaining amendments agreed to; it was ordered 

that the Commons reasons and amendments be printed. (HL Bill 55) 

22. Gambling Bill—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 question 

that a clause stand part of the bill was disagreed to; the House was resumed and the bill was 

reported with amendments; then, Standing Order 47 having been suspended, the report was 

received; the Queen’s and Prince of Wales’s consents were signified; the bill was read a third 

time and passed and returned to the Commons with amendments. 

The House was adjourned at twenty-four minutes past eleven o’clock 


DIVISIONS 

RAILWAYS BILL 


It was moved by the Lord Bradshaw, in Clause 13, page 12, line 10, at end to insert: 

“(1A) An Executive that has been consulted under subsection (1) in relation to a franchise agreement 

where the services to be provided under the agreement are or include services for the carriage of 

passengers by railways within the passenger transport area of that Executive may, before the expiry 

period of 60 days following the date on which that consultation began, make a statement to the 

Secretary of State specifying— 

(a) the services for the carriage of passengers by railway which the Passenger Transport 

Authority for the area in question considers it appropriate to secure to meet any public 

transport requirements within that area, so far as relating to the provision of services of the 

same description as those to be provided under the franchise agreement in question; 

(b) any minimum level of quality to which any services so specified are to be provided; 

(c) any requirements with respect to the fares to be charged to persons using any services so 

specified; and 

(d) any minimum level of quality with respect to the operation of any station within the area 

in question which may be required by any such franchise agreement. 

(1B) Where a Passenger Transport Executive for an area in England submits a statement under 

subsection (1A) the Secretary of State shall ensure that the services, and any minimum levels of quality 

or requirements with respect to fares, specified in that statement are provided for in any franchise 

agreement into which he may enter in respect of the services in which the Executive have an interest. 

(1C) The Secretary of State need not do anything under subsection (1B) if or to the extent that it 

would— 

(a) have an adverse eVect on the provision of services for the carriage of passengers or goods 

by railway (whether inside or outside the area in question); or 

(b) increase the amount of any expenditure of the Secretary of State in respect of railways under 

agreements or any other arrangements entered into with any franchise operator, any 

franchisee, or any servant, agent or independent contractor of a franchise operator or 

franchisee, and the Secretary of State considers that the Executive would not fund that 

increased expenditure.”; 


Contents … … … … … … 149 


Addington, L. 


Ampthill, L. 


Arran, E. 

Astor, V. 


Avebury, L. 

CONTENTS 

Berkeley, L. 

BiVen, L. 

Blackwell, L. 

Blaker, L. 


Bradshaw, L. 

Bramall, L. 

Bridgeman, V. 


Buscombe, B. 

Byford, B. 


Cobbold, L. 


Colwyn, L. 

Cope of Berkeley, L.

386 6th April 

2005 

Courtown, E. 

Craigavon, V. 

Crathorne, L. 




Dearing, L. 

Denham, L. 

Dholakia, L. 

Dundee, E. 

Eccles, V. 



Elles, B. 


Ezra, L. 


Feldman, L. 

Fookes, B. 


Freeman, L. 

Garden, L. 


Geddes, L. 

Goodhart, L. 

Greaves, L. 

Hamwee, B. 

Hanham, B. 



Henley, L. 

Higgins, L. 


Hooson, L. 


Howe, E. 


Jellicoe, E. 


JoVe, L. 

Kimball, L. 


Acton, L. 

Ahmed, L. 


Andrews, B. 



Bach, L. 

Barnett, L. 


Bhatia, L. 

Borrie, L. 


Brett, L. 


Brookman, L. 

Carter, L. 

Chandos, V. 






D’Souza, B. 

David, B. 


Kingsland, L. 













McNally, L. 






Montrose, D. 





Naseby, L. 


Noakes, B. 


Northesk, E. 

Northover, B. 



Palmer, L. 

Patten, L. 

Peel, E. 



Plumb, L. 


Razzall, L. 

Reay, L. 

Redesdale, L. 

NOT-CONTENTS 



Desai, L. 

Dixon, L. 

Donoughue, L. 

Drayson, L. 

Dubs, L. 

Eatwell, L. 





Falkender, B. 


Filkin, L. 


Gale, B. 

Giddens, L. 

Golding, B. 

Goldsmith, L. 



Gregson, L. 



Renton, L. 









Sandberg, L. 

Sandwich, E. 



Selsdon, L. 


Sharples, B. 








Swinfen, L. 

Taverne, L. 

Thatcher, B. 



TordoV, L. 

Trefgarne, L. 

Trenchard, V. 


Tugendhat, L. 

Ullswater, V. 




Walpole, L. 




Hardie, L. 


Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 




Hoyle, L. 




Jones, L. 

Jordan, L. 

Judd, L. 


Kirkhill, L. 


Leitch, L. 

Lipsey, L. 

Lockwood, B. 

McDonagh, B. 

Macdonald of Tradeston, L.


387 






Marsh, L. 


Maxton, L. 



Nicol, B. 


Paul, L. 

Pendry, L. 



Prosser, B. 


Puttnam, L. 


Rea, L. 

Richard, L. 

Rogan, L. 

Rooker, L. 

Rowlands, L. 



Sewel, L. 

Sheldon, L. 

Simon, V. 

Slim, V. 


Strabolgi, L. 



Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 



Uddin, B. 


Warner, L. 


Whitaker, B. 

Whitty, L. 

Wilkins, B. 



Winston, L. 




It was moved by the Viscount Astor, in Schedule 4, page 96, line 9, at end to insert: 

“(2A) The OYce of Rail Regulation shall not be entitled to make a determination under 

paragraph 1G(2) which is likely to lead to the services provided with the use or in respect 

of any railway facility being curtailed or discontinued (whether as to quality, time or in 

any other respect) unless the requirements of paragraph 1(G)(2B) have been complied 

with and the conditions in paragraph 1G(2C) have been satisfied. 

(2B) The requirements are that the OYce of Rail Regulation has consulted— 

(a) the facility owner and the beneficiaries of all access contracts in respect of the railway facility 

in question; and 

(b) the franchisee under every franchise agreement which contemplates the franchisee, or any 

person on its behalf, using the railway facility in question, 

and has taken into consideration all representations and objections made to it by those 

persons in respect of the proposed determination. 

(2C) The OYce of Rail Regulation may not make a determination under paragraph 1G(2) 

unless it is satisfied that— 

(a) the value of the rights of such facility owner and the beneficiaries under or in respect of that 

railway facility or those access contracts shall not be adversely aVected by the proposed 

determination, or that adequate financial compensation shall be payable to them out of public 

financial resources in respect of any such adverse eVect; and 

(b) in the case of a franchise agreement, the agreement shall be amended so as to relieve the 

franchisee from the obligation to comply with its terms to the extent that, if the agreement 

were not amended, compliance would be impossible or more onerous by reason of the 

proposed determination. 

(2D) If the OYce of Rail Regulation fails to make a determination under paragraph 1G(2) by 

reason of one or both of the considerations specified in paragraph 1G(2C), the Secretary 

of State or Scottish ministers as appropriate shall ensure that public financial resources 

shall be increased accordingly.”; 


Contents … … … … … … 158 


Addington, L. 


Ampthill, L. 


Astor, V. 


Avebury, L. 

Barker, B. 


Berkeley, L. 

BiVen, L. 

Blackwell, L. 

Blaker, L. 

CONTENTS 

Bledisloe, V. 


Bradshaw, L. 

Bridgeman, V. 


Buscombe, B. 

Byford, B. 



Cobbold, L. 


Colwyn, L. 


Courtown, E. 

Craigavon, V. 

Crathorne, L. 



D’Souza, B. 


De Mauley, L. 

Dearing, L. 

Dholakia, L. 


Dundee, E. 

Eccles, V.

388 6th April 

2005 



Elles, B. 


Falkland, V. 


Feldman, L. 

Fookes, B. 


Garden, L. 


Geddes, L. 

Goodhart, L. 


Greaves, L. 

Greenway, L. 

Hamwee, B. 

Hanham, B. 



Henley, L. 

Higgins, L. 


Home, E. 

Hooper, B. 

Hooson, L. 

Howe, E. 


Jellicoe, E. 


Kimball, L. 


Kingsland, L. 


Laird, L. 

Laming, L. 





Acton, L. 

Ahmed, L. 


Andrews, B. 



Bach, L. 

Barnett, L. 



Borrie, L. 


Brett, L. 


Brookman, L. 

Burlison, L. 

Carter, L. 

Chandos, V. 







David, B. 




Listowel, E. 


Luke, L. 

Lyell, L. 






McNally, L. 






Montrose, D. 



Naseby, L. 


Noakes, B. 


Northesk, E. 

Northover, B. 



Palmer, L. 

Peel, E. 




Plumb, L. 


Reay, L. 

Redesdale, L. 





NOT-CONTENTS 


Desai, L. 

Dixon, L. 

Donoughue, L. 

Drayson, L. 

Dubs, L. 

Eatwell, L. 

Elder, L. 







Filkin, L. 


Gale, B. 

Giddens, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 



Gregson, L. 



Roper, L. 




Sandberg, L. 

Sandwich, E. 

Seccombe, B. 

Selsdon, L. 


Sharples, B. 




Slim, V. 



Swinfen, L. 

Taverne, L. 


Thatcher, B. 



Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 


Tugendhat, L. 

Ullswater, V. 





Walmsley, B. 

Walpole, L. 

Warnock, B. 




Hardie, L. 


Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 









Jones, L. 

Jordan, L. 

Judd, L. 


Kirkhill, L. 


Leitch, L. 

Lipsey, L. 

Lockwood, B. 

McDonagh, B. 


McIntosh of Haringey, L.


389 






Maxton, L. 



Nicol, B. 

Patel, L. 


Paul, L. 

Pendry, L. 



Prosser, B. 


Puttnam, L. 


Rea, L. 


Richard, L. 

Rogan, L. 

Rosser, L. 

Rowlands, L. 




Sewel, L. 

Sheldon, L. 

Simon, V. 


Snape, L. 


Strabolgi, L. 



Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 



Uddin, B. 


Warner, L. 



Whitaker, B. 

Whitty, L. 

Wilkins, B. 





SERIOUS ORGANISED CRIME AND POLICE BILL 


It was moved by the Baroness Harris of Richmond to leave out Clause 120; which being objected to, 


Contents … … … … … … 60 




Avebury, L. 

Barker, B. 


Bradshaw, L. 


Chan, L. 


Cobbold, L. 


D’Souza, B. 


Dholakia, L. 

Erroll, E. 

Falkland, V. 


Garden, L. 

Goodhart, L. 

Greaves, L. 

Acton, L. 

Ahmed, L. 

Alli, L. 


Andrews, B. 



Bach, L. 


Berkeley, L. 



Borrie, L. 

Bragg, L. 

Brennan, L. 


Brookman, L. 

CONTENTS 

Hamwee, B. 



Hooson, L. 


Listowel, E. 






Newby, L. 

Northover, B. 



Redesdale, L. 





NOT-CONTENTS 

Burlison, L. 

Carter, L. 

Chandos, V. 






Crawley, B. 

David, B. 




Desai, L. 

Dixon, L. 

Donoughue, L. 

Drayson, L. 


Sandberg, L. 

Sandwich, E. 


Selsdon, L. 




Stern, B. 


Taverne, L. 



Tope, L. 

TordoV, L. 



Walmsley, B. 

Walpole, L. 


Dubs, L. 

Eatwell, L. 

Elder, L. 





Falkender, B. 



Filkin, L. 


Gale, B. 

Golding, B. 

Goldsmith, L. 


Goudie, B.

390 6th April 

2005 





Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 









JoVe, L. 

Jones, L. 

Jordan, L. 

Judd, L. 



Kinnock, L. 

Kirkhill, L. 


Leitch, L. 

Lipsey, L. 

Lockwood, B. 

McDonagh, B. 







Maxton, L. 




Murphy, B. 

Nicol, B. 


Paul, L. 

Pendry, L. 



Prosser, B. 


Puttnam, L. 


Rea, L. 


Richard, L. 


Rosser, L. 

Rowlands, L. 


Sawyer, L. 


Sewel, L. 

Sheldon, L. 

Slim, V. 


Snape, L. 





Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Uddin, B. 


Warner, L. 




Whitaker, B. 

Whitty, L. 

Wilkins, B. 



Winston, L. 





It was moved by the Lord Dholakia to leave out Clause 141; which being objected to, the question was 

put thereupon, and the House divided: 

Contents … … … … … … 63 




Avebury, L. 

Barker, B. 


Bradshaw, L. 


Chan, L. 


Craigavon, V. 

D’Souza, B. 


Dearing, L. 

Dholakia, L. 

Falkland, V. 


Garden, L. 

Goodhart, L. 

Greaves, L. 

Hamwee, B. 


Ahmed, L. 

Alli, L. 

Andrews, B. 



Bach, L. 

CONTENTS 

Hooson, L. 




Listowel, E. 




Mar, C. 



Murphy, B. 

Newby, L. 

Northover, B. 


Patel, L. 

Redesdale, L. 



Rogan, L. 

Roper, L. 

NOT-CONTENTS 




Borrie, L. 

Bragg, L. 




Sandberg, L. 

Sandwich, E. 





Stern, B. 


Taverne, L. 



Tope, L. 

TordoV, L. 



Walmsley, B. 

Walpole, L. 



Brookman, L. 


Burlison, L. 

Carter, L. 

Chandos, V. 

Christopher, L.


391 





Crawley, B. 


David, B. 



Desai, L. 

Dixon, L. 

Drayson, L. 

Dubs, L. 

Eatwell, L. 

Elder, L. 





Filkin, L. 


Gale, B. 

Giddens, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 




Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayman, B. 








Jones, L. 




Kinnock, L. 

Kirkhill, L. 


Leitch, L. 

Lipsey, L. 

Lockwood, B. 

McDonagh, B. 








Maxton, L. 




Parekh, L. 


Paul, L. 

Pendry, L. 



Prosser, B. 

DRUGS BILL 

Radice, L. 


Rea, L. 


Richard, L. 


Rosser, L. 

Rowlands, L. 


Sawyer, L. 


Sewel, L. 

Sheldon, L. 

Simon, V. 

Snape, L. 





Thornton, B. 

Tomlinson, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 



Warner, L. 



Whitaker, B. 

Whitty, L. 

Wilkins, B. 


Winston, L. 



On Question that Clause 21 stand part of the bill, the Committee divided: 

Contents … … … … … … 105 


Ahmed, L. 



Andrews, B. 



Bach, L. 



Borrie, L. 


Brookman, L. 


Carter, L. 

Chandos, V. 


Craigavon, V. 

Crawley, B. 



Denham, L. 

Desai, L. 

Dixon, L. 

CONTENTS 

Drayson, L. 

Dubs, L. 





Filkin, L. 

Gale, B. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 


Grenfell, L. 




Haskel, L. 

Haworth, L. 






Hoyle, L. 





Jones, L. 

Judd, L. 

Kinnock, L. 


Leitch, L. 

Levy, L. 

Lockwood, B. 








Maxton, L. 

Morgan of Drefelin, B.


2005 


Patel, L. 

Pendry, L. 


Prosser, B. 




Rooker, L. 

Rosser, L. 

Rowlands, L. 


Cobbold, L. [Teller] 

D’Souza, B. 

Greaves, L. 


Sawyer, L. 


Sewel, L. 

Simon, V. 


Snape, L. 



Thornton, B. 

TordoV, L. 

Triesman, L. 

NOT-CONTENTS 

Lucas, L. 

Mancroft, L. [Teller] 

Mar, C. 

Monson, L. 

Truscott, L. 

Turnberg, L. 


Walpole, L. 

Warner, L. 



Whitaker, B. 

Whitty, L. 

Wilkins, B. 



Rea, L. 

Selsdon, L. 

Ullswater, V. 


Thursday 7th April 2005 



Ackner, L. 

Acton, L. 

Addington, L. 

Ahmed, L. 


Alli, L. 


Amos, B. 

Ampthill, L. 

Andrews, B. 




Arran, E. 



Astor, V. 


Attlee, E. 

Avebury, L. 

Bach, L. 

Bagri, L. 

Barker, B. 

Barnett, L. 




Bhatia, L. 


BiVen, L. 


Blackwell, L. 

Blaker, L. 


Borrie, L. 



Bradshaw, L. 

Bragg, L. 

Bramall, L. 



Brennan, L. 

Brett, L. 

Bridgeman, V. 

Bridges, L. 




Brookman, L. 


Burlison, L. 

Burns, L. 

Buscombe, B. 

Byford, B. 




Carter, L. 

Chan, L. 





Cobbold, L. 



Colwyn, L. 

Condon, L. 



Craigavon, V. 

Crathorne, L. 

Crawley, B. 


Cuckney, L. 





David, B. 



De Mauley, L. 


Dearing, L. 

Denham, L. 

Desai, L. 

Dholakia, L. 

Dixon, L. 


Donoughue, L. 

Drayson, L. 

D’Souza, B. 

Dubs, L. 

Dundee, E. 

Eccles, V. 



Elder, L. 

Elles, B. 


Elton, L. 

Emerton, B. 

Erroll, E. 



Ezra, L. 

Falkender, B. 

Falkland, V. 




Ferrers, E. 

Filkin, L. 


Fitt, L. 

Fookes, B. 



Freeman, L. 

Gale, B.


393 

Garden, L. 


Geddes, L. 

Giddens, L. 

Gilbert, L. 

Glentoran, L. 

Golding, B. 

Goldsmith, L. 

Goodhart, L. 


Goudie, B. 





Greenway, L. 

Grenfell, L. 

Grocott, L. 

Hamwee, B. 

Hanham, B. 




Harrison, L. 


Haskel, L. 

Haworth, L. 

Hayhoe, L. 

Hayman, B. 

Henley, L. 

Higgins, L. 





Hooper, B. 

Hooson, L. 


Howe, E. 





Hoyle, L. 



Inge, L. 



Jellicoe, E. 


JoVe, L. 

Jones, L. 

Jordan, L. 



Kimball, L. 



Kingsland, L. 

Kirkhill, L. 


Laidlaw, L. 


Laird, L. 

Laming, L. 





Leitch, L. 



Lipsey, L. 

Listowel, E. 

Liverpool, E. 

Lockwood, B. 

Lucas, L. 

Ludford, B. 

Luke, L. 

Lyell, L. 













Maddock, B. 

Mar, C. 



Marsh, L. 



Maxton, L. 



Methuen, L. 




Montrose, D. 

Morgan, L. 





Murphy, B. 


Naseby, L. 

Neuberger, B. 

Newby, L. 


Nicol, B. 

Noakes, B. 


Northesk, E. 

Northover, B. 




Ouseley, L. 

Oxburgh, L. 

Palmer, L. 

Parekh, L. 

Patel, L. 


Paul, L. 

Peel, E. 

Pendry, L. 


Peston, L. 





Plumb, L. 



Prosser, B. 


Quirk, L. 

Radice, L. 



Razzall, L. 

Reay, L. 

Redesdale, L. 


Renton, L. 

Richard, L. 

Rix, L. 




Rogan, L. 

Rooker, L. 

Roper, L. 

Rosser, L. 


Rowlands, L. 




Saatchi, L. 




Sandberg, L. 


Sandwich, E. 

Sawyer, L. 


Seccombe, B. 

Selborne, E. 

Selsdon, L. 

Sewel, L. 


Sharples, B. 


Sheldon, L. 


Simon, V. 


Slim, V. 




Snape, L. 



Stern, B. 

Stewartby, L. 


Strabolgi, L. 


Swinfen, L. 


Taverne, L. 


Temple-Morris, L.

394 7th April 

2005 

Thatcher, B. 




Thornton, B. 

Tomlinson, L. 

Tope, L. 

TordoV, L. 

Trefgarne, L. 

Trenchard, V. 

Triesman, L. 


Truscott, L. 


Turnberg, L. 


Uddin, B. 

Ullswater, V. 




Wakeham, L. 



Walmsley, B. 

Walpole, L. 

Warner, L. 

Warnock, B. 



Waverley, V. 


Whitaker, B. 

Whitty, L. 

Wilkins, B. 










1. Oxfordshire County Council (Respondents) v. Oxford City Council (Respondents) and another 

(Petitioner) (2005)—The petition of Catherine Mary Robinson praying for leave to appeal 

was presented and referred to an Appeal Committee (lodged 6th April). 

2. Oxfordshire County Council (Respondents) v. Oxford City Council (Petitioners) and another 

(Respondent) (2005)—The petition of Oxford City Council praying for leave to appeal was 

presented and referred to an Appeal Committee (lodged 6th April). 

3. Oxfordshire County Council (Petitioners) v. Oxford City Council and another (Respondents) 

(2005)—The petition of Oxfordshire County Council praying for leave to appeal was 

presented and referred to an Appeal Committee (lodged 7th April). 

4. Teleos plc (Petitioners) v. Her Majesty’s Commissioners of Customs and Excise (Respondents)— 

The petition of Teleos plc praying for leave to appeal was presented and referred to an Appeal 

Committee. 

5. Dornoch Limited and others (Petitioners) v. Royal and Sun Alliance Insurance plc 

(Respondents)—The petition of Dornoch Limited (on behalf of all members of Syndicate 

1209 at Lloyd’s for the relevant underwriting years), Dornoch Limited (on behalf of all 

members of Syndicate 861 at Lloyd’s for the relevant underwriting years), R D Montgomerie, 

G Carrington, M Harrington, D P Mann, Oak Dedicated Limited, P T Cotterell, A A W 

SutcliV, Markel Capital Limited, J R Charman, R G M Finn, P J M Battle and A F Beazley 


6. Warmisham (Petitioner) v. Kenneth Beavis & Co (a firm) (Respondents)—The petition of Edward 

Michael Warmisham 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 



7. Her Majesty’s Attorney General (Respondent) v. Mensah (Petitioner)—The petition of Esther 

Modukpe Dzagbley Mensah praying for leave to appeal notwithstanding that the time limited 





petition of the First Secretary of State praying for leave to intervene in the said appeal was 



(Appellants) and others—The appeal was set down for hearing and referred to an Appellate 

Committee. 






and setting down the cause for hearing might be extended to 18th May (the agents for the 

respondent consenting thereto) was presented; and it was ordered as prayed (lodged 5th April).


395 


praying that the hearing date be vacated; and that security for costs as required by Standing 

Order V be waived until the review of the refusal of legal aid has been finally determined (the 

agents for the respondents not consenting thereto) was presented; and referred to an Appeal 

Committee. 

13. Davidson (AP) (Appellant) v. Scottish Ministers (Respondents) (Scotland)—The appellant’s legal 

aid certificate was lodged. 



Al Fayed (Petitioner) and another and others (Petitioners) v. Commissioner of Police of the 

Metropolis and others (Respondents)—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 


Lewin (Northamptonshire County Council Trading Standards Service) (Petitioner) v. Purity 

Soft Drinks Limited (Respondents)—That the respondents be invited to lodge objections by 

21st April. 

R v. Bradley (Petitioner)—That leave to appeal be refused. 

15. Civil practice directions—The 37th Report from the Appeal Committee was made and it was 

ordered that the practice directions applicable to civil appeals be revoked and that the new 

edition agreed by the Committee be promulgated by the Clerk of the Parliaments. 

16. Criminal practice directions—The 38th Report from the Appeal Committee was made and it was 

ordered that the practice directions applicable to criminal appeals be revoked and that the new 

edition agreed by the Committee be promulgated by the Clerk of the Parliaments. 

Papers 



1. Intelligence Services—Report for 2004-05 of the Intelligence and Security Committee; 

(6510) 

2. Intelligence Services—Government Response to the Report for 2004–05 of the 

Intelligence and Security Committee; (6515) 

3. Intelligence Services—Government Response to the Report of the Intelligence and 

Security Committee on the Handling of Detainees by UK Intelligence Personnel in 

Afghanistan, Guantanamo Bay and Iraq; (6511) 

4. National Statistics—Public Expenditure Statistical Analyses 2005. (6521) 


on the Table: 

1. (i) Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 

2005— (888) 

(ii) Adoption Information and Intermediary Services (Pre-Commencement Adoptions) 


laid under the Adoption and Children Act 2002; 

2. (i) Control of Major Accident Hazards (Amendment) Regulations 2005— (1088) 

(ii) Control of Vibration at Work Regulations 2005— (1093) 

laid under the Health and Safety at Work etc. Act 1974; 

3. (i) Medicines (Advisory Bodies) Regulations 2005— (1094) 

(ii) Blood Safety and Quality (Amendment) Regulations 2005— (1098) 

(iii) Medicines for Human Use (Fees Amendments) Regulations 2005— (1124) 


4. Carers (Equal Opportunities) Act 2004 (Isles of Scilly) Order 2005, laid under the Carers 

(Equal Opportunities) Act 2004; (1096) 

5. Miscellaneous Food Additives (Amendment) (England) Regulations 2005, laid under the 

Food Safety Act 1990; (1099) 

6. National Health Service (Standing Advisory Committees) Amendment Order 2005, laid 

under the National Health Service Act 1977; (1100) 

7. Private Security Industry Act 2001 (Designated Activities) (No. 2) Order 2005, laid under 

the Private Security Industry Act 2001; (1107) 

8. Crawley College and Haywards Heath College (Dissolution) Order 2005, laid under the 

Further and Higher Education Act 1992; (1113)

396 7th April 

2005 

9. Disability Discrimination (Providers of Services) (Adjustment of Premises) 

(Amendment) Regulations 2005, laid under the Disability Discrimination Act 1995. 

(1121) 



1. Statement of remuneration, laid under the Covent Garden Market Act 1961; 

2. (i) Naval and Marine Pay and Pensions (Non-EVective Benefits and Family Pensions) 

Order 2005— 

(ii) Naval and Marine Pay and Pensions (Pay) Order 2005— 

(iii) Naval and Marine Pay and Pensions (Pensions Increase) Order 2005— 

laid under the Naval and Marine Pay and Pensions Act 1865; 

3. Northern Ireland Prison Service Corporate Plan 2005–08, laid under the Prison Act 

(Northern Ireland) 1953; 

4. Amendment List 27 to Air Publication 1269A (the Royal Air Force Manual of 

Assessment of Medical Fitness—Third Edition), laid under the Air Force (Constitution) 

Act 1917; 

5. Reserve Forces Pension Scheme Regulations 2005, laid under the Reserve Forces Act 

1996; 

6. Rules of the Supreme Court (Northern Ireland) (Amendment No. 3) 2005, laid under the 

Prevention of Terrorism Act 2005. 


20. Statutory Instruments—The minutes of proceedings of the Joint Committee for Session 2004–05 

were ordered to be printed. (HL Paper 113) 

21. Constitution Committee—The 6th Report from the Select Committee on Parliament and the 

Legislative Process: The Government’s Response was made and ordered to be printed. (HL 

Paper 114) 


22. Crossrail Bill—It was moved by the Lord Davies of Oldham that if a Crossrail Bill is brought from 

the House of Commons in the next session of Parliament the Standing Orders of the House 

applicable to the bill, so far as complied with or dispensed with in this session, shall be deemed 

to have been complied with or (as the case may be) dispensed with in the next session; after 

debate, the motion was agreed to and it was ordered that a message be sent to the Commons 

to acquaint them therewith. 

23. Inquiries Bill [hl]—The Commons amendments were considered; a motion to disagree with a 

Commons amendment was disagreed to (see division list 1); a motion to disagree with certain 

other Commons amendments was disagreed to (see division list 2); the remaining Commons 

amendment was agreed to. 

24. Disability Discrimination Bill [hl]—The Commons amendments were considered and agreed to. 

25. Railways Bill—The Commons amendments and reasons were considered; a motion that the House 

do insist on certain Lords amendments was moved and (by leave of the House) withdrawn and 

the amendments were not insisted on; another Lords amendment was not insisted on and the 

Commons amendments in lieu thereof were agreed to. 

26. Serious Organised Crime and Police Bill—The bill was returned from the Commons with the 


27. Clean Neighbourhoods and Environment Bill—The bill was returned from the Commons with the 


28. Drugs Bill—The bill was returned from the Commons with the amendments agreed to. 

29. Finance (No. 2) Bill—It was moved by the Lord McIntosh of Haringey that the bill be now read 

a second time; after debate, the motion was agreed to and the Committee was negatived; then, 

Standing Order 47 having been suspended, the bill was read a third time and passed.


397 

30. Appropriation Bill—It was moved by the Lord McIntosh of Haringey that the bill be now read a 

second time; the motion was agreed to and the Committee was negatived; then, Standing 

Order 47 having been suspended, the bill was read a third time and passed. 

31. Civil Procedure (Amendment No. 2) Rules 2005—It was moved by the Baroness Ashton of 

Upholland that the Rules laid before the House on 14th March be approved; after debate, the 


32. Education Bill [hl]—The bill was returned from the Commons with amendments; the Commons 

amendments were considered forthwith and agreed to, and the privilege amendment was 

agreed to. 



33. Crossrail Bill—A message was brought from the Commons that they have made the following 

orders: 

That further proceedings on the Crossrail Bill shall be suspended until the next session of 

Parliament; 

That if a Bill is presented in the next session in the same terms as the Crossrail Bill when it was 

presented in this session— 

(a) the Bill shall be ordered to be printed and shall be deemed to have been read the first 

time; and 

(b) the Standing Orders of the House applicable to the Bill, so far as complied with or 

dispensed with in this session, shall be deemed to have been complied with or (as the 

case may be) dispensed with in the next session; 

That these Orders be Standing Orders of the House. 

34. Gambling Bill—The bill was returned from the Commons with certain amendments disagreed to 

with reasons for such disagreement and with the remaining amendments agreed to; the 

Commons reasons were considered forthwith and the Lords amendments were not insisted on. 

35. International Organisations Bill [hl]—The bill was returned from the Commons agreed to with a 

privilege amendment; the privilege amendment was considered and agreed to. 



36. Royal Commission—The Lords Commissioners being seated, the Lord Chancellor in the middle 

with the Lord President (Baroness Amos) and the Lord McNally on his right-hand and the 

Lord Strathclyde and the Lord Molyneaux of Killead on his left and the Commons being 

present at the Bar with their Speaker, the Commission for Royal Assent and Prorogation 

dated this day was read. 

37. Royal Assent—The following Acts received the Royal Assent: 

Finance Act c. 7 

Appropriation (No. 2) Act c. 8 

Mental Capacity Act c. 9 

Public Services Ombudsman (Wales) Act c. 10 

Commissioners for Revenue and Customs Act c. 11 

Inquiries Act c. 12 

Disability Discrimination Act c. 13 

Railways Act c. 14 

Serious Organised Crime and Police Act c. 15 

Clean Neighbourhoods and Environment Act c. 16 

Drugs Act c. 17 

Education Act c. 18 

Gambling Act c. 19 

International Organisations Act c. 20 

38. The Queen’s Speech—The Queen’s Speech was delivered by the Lord Chancellor. 

39. Prorogation—Parliament was prorogued to Thursday 14th April.

398 7th April 

2005 

DIVISIONS 

INQUIRIES BILL [HL] 



Commons in their Amendment 1, to leave out “agree” and insert “disagree”; which being objected to, 


Contents … … … … … … 89 


Ackner, L. 



Astor, V. 

Attlee, E. 

BiVen, L. 

Blackwell, L. 

Blaker, L. 

Bridgeman, V. 


Buscombe, B. 

Byford, B. 


Colwyn, L. 





Dundee, E. 

Eccles, V. 




Ferrers, E. 

Fookes, B. 




Geddes, L. 

Glentoran, L. 

Acton, L. 

Ahmed, L. 



Andrews, B. 



Bach, L. 





Borrie, L. 


Bridges, L. 


Brookman, L. 

Carter, L. 

Chan, L. 





CONTENTS 

Hanham, B. 


Henley, L. 

Higgins, L. 

Howe, E. 



Jellicoe, E. 


Kimball, L. 


Kingsland, L. 


Laidlaw, L. 



Liverpool, E. 

Lucas, L. 

Luke, L. 

Lyell, L. 








Montrose, D. 



NOT-CONTENTS 


Crawley, B. 

D’Souza, B. 


David, B. 




Dearing, L. 

Desai, L. 

Donoughue, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 




Falkland, V. 




Gale, B. 

Giddens, L. 

Noakes, B. 

Northesk, E. 



Peel, E. 



Plumb, L. 


Renton, L. 




Saatchi, L. 



Selborne, E. 

Sharples, B. 



Stewartby, L. 

Swinfen, L. 

Thatcher, B. 

Trefgarne, L. 


Ullswater, V. 


Wakeham, L. 


Gilbert, L. 

Golding, B. 

Goldsmith, L. 


Goudie, B. 




Harrison, L. 


Haskel, L. 

Haworth, L. 





Hoyle, L. 




JoVe, L. 

Jones, L. 

Jordan, L.


399 


Laming, L. 



Lipsey, L. 

Listowel, E. 

Lockwood, B. 

Ludford, B. 






Marsh, L. 


Maxton, L. 


Methuen, L. 

Morgan, L. 



Parekh, L. 

Patel, L. 



Prosser, B. 

Radice, L. 



Redesdale, L. 


Richard, L. 

Rix, L. 

Rogan, L. 

Rooker, L. 

Rosser, L. 

Rowlands, L. 



Sawyer, L. 


Sewel, L. 

Sheldon, L. 

Simon, V. 

Slim, V. 


Snape, L. 


Strabolgi, L. 




Thornton, B. 

TordoV, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 



Walpole, L. 

Warner, L. 

Warnock, B. 




Whitaker, B. 

Whitty, L. 

Wilkins, B. 







It was moved by the Lord Kingsland to disagree with Commons amendments 2 and 3 en bloc; which 

being objected to, the question was put thereupon, and the House divided: 

Contents … … … … … … 87 


Ackner, L. 



Arran, E. 

Astor, V. 


BiVen, L. 

Blackwell, L. 

Blaker, L. 

Bridgeman, V. 


Buscombe, B. 

Byford, B. 


Colwyn, L. 


Crathorne, L. 




Dundee, E. 

Eccles, V. 




Ferrers, E. 

Fookes, B. 



CONTENTS 


Geddes, L. 

Glentoran, L. 


Higgins, L. 

Hooper, B. 

Howe, E. 




Jellicoe, E. 



Kingsland, L. 





Liverpool, E. 

Lucas, L. 

Luke, L. 







Montrose, D. 



Naseby, L. 

Noakes, B. 


Northesk, E. 



Peel, E. 



Plumb, L. 


Reay, L. 

Renton, L. 




Selborne, E. 

Selsdon, L. 




Swinfen, L. 

Thatcher, B. 

Trefgarne, L. 

Trenchard, V. 


Ullswater, V. 

Windlesham, L.

400 7th April 

2005 

Ahmed, L. 

Alli, L. 



Andrews, B. 



Bach, L. 





Borrie, L. 

Bridges, L. 


Brookman, L. 

Carter, L. 






Crawley, B. 

D’Souza, B. 


David, B. 



Dearing, L. 

Desai, L. 

Drayson, L. 

Dubs, L. 

Elder, L. 




Filkin, L. 

Gale, B. 

Garden, L. 

Giddens, L. 

Gilbert, L. 

Golding, B. 

Goldsmith, L. 

Goudie, B. 


NOT-CONTENTS 




Harrison, L. 


Haskel, L. 

Haworth, L. 




Hoyle, L. 





Jordan, L. 


Laming, L. 


Leitch, L. 


Lipsey, L. 

Lockwood, B. 






Marsh, L. 


Maxton, L. 


Morgan, L. 



Neuberger, B. 

Nicol, B. 

Paul, L. 



Prosser, B. 



Redesdale, L. 


Richard, L. 

Rix, L. 



Rosser, L. 

Rowlands, L. 




Sawyer, L. 

Sewel, L. 

Sheldon, L. 

Simon, V. 

Slim, V. 


Snape, L. 


Strabolgi, L. 


Taverne, L. 





Thornton, B. 

Tomlinson, L. 

TordoV, L. 

Triesman, L. 

Truscott, L. 


Turnberg, L. 


Uddin, B. 


Warner, L. 

Warnock, B. 




Whitaker, B. 

Whitty, L. 

Wilkins, B. 




BY THE QUEEN 

A PROCLAMATION 

FOR DISSOLVING THE PRESENT PARLIAMENT AND 

DECLARING THE CALLING ANOTHER 

Whereas We have thought fit, by and with the advice of Our Privy Council, to dissolve this present 

Parliament, which stands prorogued to Thursday, the fourteenth day of April; We do, for that End, 

publish this Our Royal Proclamation, and do hereby dissolve the said Parliament accordingly: And the 

Lords Spiritual and Temporal, and the Members of the House of Commons, are discharged from 

further Attendance thereat: And We being desirous and resolved, as soon as may be, to meet Our People, 

and to have their Advice in Parliament, do hereby make known to all Our loving Subjects Our Royal 

Will and Pleasure to call a new Parliament: and do hereby further declare, that, by and with the advice 

of Our Privy Council, We have given Order that Our Chancellor of Great Britain and Our Secretary of 

State for Northern Ireland do respectively, upon Notice thereof, forthwith issue out Writs, in due Form 

and according to Law, for calling a new Parliament; And We do hereby also, by this Our Royal 

Proclamation under Our Great Seal of Our Realm, require Writs forthwith to be issued accordingly by 

Our said Chancellor and Secretary of State respectively, for causing the Lords Spiritual and Temporal 

and Commons who are to serve in the said Parliament to be duly returned to, and give their Attendance 

in, Our said Parliament on Wednesday, the eleventh day of May next, which Writs are to be returnable 

in due course of Law.


401 

Given at Our Court at Windsor Castle, this eleventh day of April in the Year of our Lord two 

thousand and five and in the fifty-fourth year of Our Reign. 

GOD SAVE THE QUEEN 

HoVman, L. 


[Judicial Sittings during the Dissolution of Parliament, by the 

Lords of Appeal in the name of the House of Lords authorised 

by virtue of a Writing by Her Majesty The Queen under Her Sign Manual, 

dated 11th April 2005, pursuant to the Appellate Jurisdiction Act 1876] 


Their Lordships met at half-past ten o’clock in Committee Room No. 1 

The following Lords of Appeal were present: 


Steyn, L. 


1. Hearing and determination of appeals—Parliament having been dissolved by Her Majesty by 

Proclamation under the Great Seal dated in the morning of 11th April 2005, the Lord Speaker 

(Lord Bingham of Cornhill) acquainted their Lordships that Her Majesty had issued a Writing 

(pursuant to section 9 of the Appellate Jurisdiction Act 1876) authorising the Lords of Appeal 

to hear and determine appeals during the dissolution of Parliament and for that purpose to 

sit in the House of Lords; and to act in all matters in relation thereto as if such sittings were 

a continuation of the sittings of the House of Lords and, in the name of the House of Lords, 

to exercise the jurisdiction of the House of Lords accordingly (see Appendix), which Writing 

was read. 

2. Appeal Committee—A Committee was appointed, which shall include all Lords qualified under 

the provisions of the Appellate Jurisdiction Act 1876, to hear such petitions as shall be referred 

to it during the dissolution of Parliament. 

3. Appellate Committee—A Committee was appointed, which shall include all Lords qualified under 

the provisions of the Appellate Jurisdiction Act 1876, to hear such appeals as shall be referred 

to it during the dissolution of Parliament. 

4. J & H Ritchie Limited (Appellants) v. Lloyd Limited (Respondents) (Scotland)—The appeal of J 

& H Ritchie Limited was presented and it was ordered that in accordance with Standing Order 

VI the statement and appendix thereto be lodged on or before 25th May (lodged 8th April). 

5. Mayne Pharma Pty Limited and others (Petitioners) v. Pharmacia Italia SpA (Respondents)—The 

petition of Mayne Pharma Pty Limited praying for leave to appeal was presented and referred 


6. Majrowski (Respondent) v. Guy’s and St. Thomas’ NHS Trust (Petitioners)—The petition of 

Guy’s and St. Thomas’ NHS Trust praying for leave to appeal was presented and referred to 


7. Hare (Petitioner) v. Leeds City Council and others (Respondents)—The petition of Margaret Hare 

praying for leave to appeal notwithstanding that the time limited by Standing Order II has 

expired was presented and referred to an Appeal Committee. 

8. Thornhill (trustee of Clive W Atherton) (Respondent) v. Atherton (Petitioner) and others 

(Respondents)—The petition of Clive William Atherton 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 April). 

9. Ntiamoah-Kumah (Petitioners) v. Osbournes (a firm) (Respondents)—The petition of Jackson 

Ntiamoah-Kumah and Comfort Ntiamoah-Kumah praying for leave to appeal 






11. R (on the application of Hammond) (FC) (Respondent) v. Secretary of State for the Home 

Department (Appellant) (Criminal Appeal from Her Majesty’s High Court of Justice)—The 



Council (Appellants) and others (Scotland)—


2005 


Council and others (Appellants) (Scotland)— 



and setting down the cause for hearing might be extended to 25th May (the agents for the 


14. Secretary of State for Work and Pensions (Appellant) v. M (Respondent)—The petition of the 


cause for hearing might be extended to 26th May next (the agents for the respondent 


15. Appeal Committee—The First Report from the Appeal Committee was agreed to and the 


R (on the application of Nunn) (Petitioner) v. First Secretary of State (Respondent)—That T- 

Mobile be joined as a respondent to the petition for leave to appeal. 

16. Appeal Committee—The 2nd Report from the Appeal Committee was agreed to and the following 


Regina v. Secretary of State for the Home Department (Appellant) ex parte Adam (FC) 


Regina v. Secretary of State for the Home Department (Appellant) ex parte Tesema 


Regina v. Secretary of State for the Home Department (Appellant) ex parte Limbuela 



That the petition of the National Council for Civil Liberties and Justice that they might be 

heard or otherwise intervene in the said appeals be allowed to the extent that they may lodge 

written submissions only. 

17. Appeal Committee—The 3rd Report from the Appeal Committee was agreed to and the following 


Jackson and others (Appellants) v. Her Majesty’s Attorney General (Respondent)—That the 

petition of the League Against Cruel Sports Limited that they might be heard or otherwise 

intervene in the said appeal be allowed to the extent that they may lodge written submissions 

only. 



Brown (Appellant) v. Scottish Ministers (Respondents) (Scotland)—That the petition of the 

appellant praying that the hearing date be vacated; and that security for costs as required by 

Standing Order V be waived until the review of the refusal of legal aid has been finally 

determined be allowed. 

19. Greenalls Management Limited (Respondents) v. Her Majesty’s Commissioners of Customs and 

Excise (Appellants)— 

The cause was fully heard. 

Their Lordships adjourned at twenty minutes before four o’clock 

till Monday next, half-past ten o’clock. 

APPENDIX 

ELIZABETH R. 

Right trusty and well beloved Counsellors We greet you well 

Whereas by reason of the dissolution of Our late Parliament it has appeared to Us to be expedient, with 

a view to prevent delay in the administration of justice, to provide for the hearing and determination of 

appeals depending before Us in Our Court of Parliament during such dissolution 

Now, We do hereby, in pursuance of the Appellate Jurisdiction Act, 1876, authorise you, Our Lords of 

Appeal, as therein designated, in the name of the House of Lords, to hear and determine such appeals 

during such dissolution, and for that purpose to sit in the House of Lords during such dissolution at 

such times as you may think expedient 

Given at Our Court at Windsor the 11th day of April in the fifty-fourth year of Our Reign 

BY HER MAJESTY’S COMMAND 

To Our right trusty and well beloved Counsellor Charles Leslie Baron Falconer of Thoroton and to Our 

right trusty and well beloved Counsellors Our Lords of Appeal


403 






Heywood, L. 

Carswell, L. 


Woolf, L. 

1. Fourie (Petitioner) v. Le Roux and others (Respondents)—The petition of John Louis Carter 

Fourie praying for leave to appeal was presented and referred to an Appeal Committee 

(lodged 7th April). 

2. AMEC Civil Engineering Limited (Petitioners) v. Secretary of State for Transport (Respondent)— 

The petition of AMEC Civil Engineering Limited praying for leave to appeal was presented 


3. In re J (a child) (FC)—The petition of the Kingdom of Saudi Arabia praying for leave to intervene 

in the said appeal was presented and referred to an Appeal Committee. 

4. Davidson (AP) (Appellant) v. Scottish Ministers (Respondents) (Scotland)—The petition of the 


cause for hearing might be extended to 31st May (the agents for the respondents consenting 



Department of Health (Appellant) and others—The petition of the appellant praying that the 


extended to 9th May (the agents for the respondent consenting thereto) was presented; and it 

was ordered as prayed. 



A and others (Appellants) v. Secretary of State for the Home Department (Respondent) 

(2004)—That the petition of the AIRE Centre, Amnesty International Limited, the 

Association for the Prevention of Torture, British Irish Rights Watch, the Committee on the 

Administration of Justice, Doctors for Human Rights, Human Rights Watch, the 

International Federation of Human Rights, INTERIGHTS, the Law Society of England and 

Wales, Liberty, the Medical Foundation for the Care of Victims of Torture, REDRESS and 

the World Organisation Against Torture that they might be heard or otherwise intervene in 

the said appeal be allowed. 



Powerhouse Retail Limited and others (Respondents) v. Burroughs and others (Appellants)— 

That the petition of the First Secretary of State that he might be heard or otherwise intervene 

in the said appeal be allowed. 



Miles (Petitioner) v. Chief Constable of Kent (Respondent)—That the petition be dismissed 

as inadmissible. 

Her Majesty’s Attorney General (Respondent) v. Bhamjee (Petitioner)—That the petition be 

dismissed as inadmissible. 

R v. Coutts (Petitioner)—That leave to appeal be given; and that the petition of appeal be 

lodged by 2nd May. 

Szuluk (FC) (Petitioner) v. Governor of HMP Full Sutton and another (Respondents)—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 


R (on the application of Nilsen) (FC) (Petitioner) v. Governor of HMP Full Sutton and 

another (Respondents)—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, 


parties.


2005 

9. R v. Z (Appellant) (On Appeal from the Court of Appeal Northern Ireland) (Northern Ireland)— 

The cause was in part heard. 

Their Lordships adjourned at four o’clock 

till tomorrow, half past ten o’clock. 



Heywood, L. 




Carswell, L. 


Woolf, L. 


the Metropolis and another (Respondents)—The appeal was set down for hearing and 




3. R v. Z (Appellant) (On Appeal from the Court of Appeal Northern Ireland) (Northern Ireland)— 

The cause was further and fully heard and consideration was adjourned sine die. 

Their Lordships adjourned at twenty minutes past noon 

till tomorrow, half-past ten o’clock. 





Heywood, L. 

Carswell, L. 






Steyn, L. 


Woolf, L. 

1. Sherrington and others (Petitioners) v. Sherrington (Respondent)—The petition of Daliah Dorit 

Sherrington, Donna Karina Sherrington and Ramon Gerrard David Sherrington praying for 

leave to appeal was presented and referred to an Appeal Committee. 

2. London Borough of Tower Hamlets (Petitioners) v. Begum (Respondent)—The petition of the 

Mayor and Burgesses of the London Borough of Tower Hamlets praying for leave to appeal 




Bultitude (Petitioner) v. Law Society (Respondents)—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. 

Gravgaard (Petitioner) v. Aldridge & Brownlee (a firm) (Respondents)—That leave to appeal 




Lincoln National Life Insurance Company (Petitioners) v. Sun Life Assurance Company of 

Canada and others (Respondents)—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 



Scribes West Limited (Petitioners) v. Anstalt and others (Respondents)—That leave to appeal 

be refused; that the first and third 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.

2005 20th-21st April 

405 



In re J (a child) (FC)—That the petition of the Kingdom of Saudi Arabia that they might be 

heard or otherwise intervene in the said appeal be refused. 


and another (Appellants)— 


6. Roberts (FC) (Appellant) v. Parole Board (Respondents)— 


Their Lordships adjourned at twenty minutes past four o’clock 




Heywood, L. 

Carswell, L. 

Thursday 21st April 2005 





Hutton, L. 


1. NCR Limited (Petitioners) v. Riverland Portfolio No. 1 Limited (Respondents)—The petition of 

NCR Limited praying for leave to appeal was presented and referred to an Appeal Committee. 

2. Government of Albania (Petitioners) v. Bleta and others (Respondents)—The petition of the 

Government of the Republic of Albania praying for leave to appeal in accordance with the 

Extradition Act 2003 was presented and referred to an Appeal Committee. 


(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 2nd June (the 

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

4. Feasey (a representative Lloyd’s underwriter suing on his own behalf and on behalf of all the 

members of Syndicate 957) (Respondent) v. Sun Life Assurance Company of Canada 

(Appellants) and others and one other action— 

5. Steamship Mutual Underwriting Association (Bermuda) Limited (Respondents) v. Feasey (a 

representative Lloyd’s underwriter suing on his own behalf and on behalf of all the members 

of Syndicate 957) (Appellant) and one other action— 


The petition of the appellants was presented praying that the appeals be withdrawn on the 

terms agreed between the parties (the agents for the respondents consenting thereto); and it 

was ordered as prayed. 



R (on the application of Corporation of London) (Respondents) v. Secretary of State for 

Environment, Food and Rural AVairs and others (Petitioners)—That leave to appeal be given; 

and that the petition of appeal be lodged by 5th May. 

Department for Work and Pensions (Respondents) v. Webley (Petitioner)—That leave to 




R (on the application of Corporation of London) (Respondents) v. Secretary of State for 

Environment, Food and Rural AVairs (Petitioner) and others—That leave to appeal be given; 

and that the petition of appeal be lodged by 5th May. 


and another (Appellants)— 



The cause was further heard. 

Their Lordships adjourned during pleasure. 

Their Lordships resumed in the Chamber. 


Steyn, L. 


Woolf, L.

406 21st-25th April 

2005 

9. JD (FC) (Appellant) v. East Berkshire Community Health NHS Trust and others (Respondents) 

and two other actions (FC)—It was moved by the Lord Bingham of Cornhill, That the 31st 

Report from the Appellate Committee of the late Parliament be agreed to; the motion was 

agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 31st July 2003 

be aYrmed and the appeal dismissed; and that the question of costs be adjourned in order that 

the parties may make written submissions within 14 days. [2005] UKHL 23 

10. Brooks (FC) (Respondent) v. Commissioner of Police for the Metropolis (Appellant) and others— 

It was moved by the Lord Bingham of Cornhill, That the 32nd Report from the Appellate 

Committee of the late Parliament be agreed to; the motion was agreed to. It was ordered and 

adjudged that the Order of the Court of Appeal of 26th March 2002, so far as appealed 

against, be set aside; that the respondent do pay to the appellant his costs in the Central 

London County Court, in the Court of Appeal and in this House; that the order for costs in 

the Central London County Court be not enforced without the permission of that Court; and 

that the amounts of the costs in the Court of Appeal and in this House, if any, to be paid by 

the respondent and to be paid out of the Community Legal Service Fund be determined by a 

Costs Judge for those costs incurred in the Court of Appeal and certified by the Clerk of the 

Parliaments for those incurred in this House in accordance with section 11 of the Access to 

Justice Act 1999 and regulation 5(2) of the Community Legal Service (Costs Protection) 

Regulations 2000. [2005] UKHL 24 

11. Regina v. Mushtaq (Appellant)(On Appeal from the Court of Appeal (Criminal Division))—It was 

moved by the Lord Rodger of Earlsferry on behalf of the Lord Steyn, That the 33rd Report 

from the Appellate Committee of the late Parliament be agreed to; the motion was agreed to. 

It was ordered and adjudged that the Order of the Court of Appeal Criminal Division of 30th 

July 2002 be aYrmed; that the certified question be answered in the aYrmative; and the appeal 

dismissed. [2005] UKHL 25 


Their Lordships resumed in Committee Room No. 2 









Heywood, L. 





Steyn, L. 


1. Regina v. Secretary of State for Education and Employment and others (Respondents) ex parte 

Williamson (Appellant) and others—Further to Order of the House of Thursday 24th 

February 2005 (23rd Report Session 2004-05; [2005] UKHL 15), it was Ordered that the Order 

for costs made by Mr Justice Elias on 15 November 2001 be aYrmed; that the Order of Her 

Majesty’s Court of Appeal of 12 December 2002 aYrmed by this House on 24 February 2005 

be varied so far as regards costs; that there be no order for costs in the Court of Appeal; and 

that there be no order for costs in this House. 

2. Leeds City Council (Respondents) v. Price and others and others (FC) (Appellants) (England)— 

The appeal of Kim Maloney, Patrick Maloney (senior), Ellen Maloney, Patrick Maloney 

(junior) and Kathleen Maloney was presented and it was ordered that in accordance with 

Standing Order VI the statement and appendix thereto be lodged on or before 6th June. The 

appellants’ certificate of public funding was lodged (lodged 18th April). 

3. Bailey and others (Respondents) v. Home OYce (Petitioners)—The petition of the Home OYce 

praying for leave to appeal was presented and referred to an Appeal Committee (lodged 

22nd April). 

4. Durant (Petitioner) v. Financial Services Authority (Respondents)—The petition of Michael John 

Durant praying for leave to appeal notwithstanding that the time limited by Standing Order 

II has expired was presented and referred to an Appeal Committee.


407 

5. Horton (Original Appellant and Cross-respondent) v. Sadler and others (Original Respondents 

and Cross-appellants)—The appeal was set down for hearing and referred to an Appellate 

Committee. 



cause for hearing might be extended to 6th June (the agents for the respondents consenting 


7. Harding (Appellant) v. Wealands (Respondent)—The petition of the appellant praying that the 


extended to 23rd May (the agents for the respondent consenting thereto) was presented; and 


8. National Westminster Bank plc (Respondents) v. Spectrum Plus Limited and others and others 









Heywood, L. 





Steyn, L. 













Their Lordships adjourned at four o’clock till tomorrow, half past ten o’clock. 




Heywood, L. 





Scott Foscote, L. 

Steyn, L. 





Their Lordships adjourned at four o’clock till tomorrow, half past ten o’clock.


2005 

Thursday 28th April 2005 




Heywood, L. 





Steyn, L. 

Walker of Gestinghope, L. 

1. Murphy (Petitioner) v. Slough Borough Council and others (Respondents)—The petition of 

Shahina Murphy praying for leave to appeal notwithstanding that the time limited by 

Standing Order II has expired was presented and referred to an Appeal Committee. 

2. Tehrani (AP) (Appellant) v. Secretary of State for the Home Department (Respondent) 

(Scotland)—The petition of the appellant praying that the time for lodging the statement and 

appendix and setting down the cause for hearing might be extended to 9th June (the agents 

for the respondent consenting thereto) was presented; and it was ordered as prayed. 






4. O’Brien (Respondent) v. Chief Constable of South Wales Police (Appellant)—It was moved by the 

Lord Bingham of Cornhill, That the 34th Report from the Appellate Committee of the late 

Parliament be agreed to; the motion was agreed to. It was ordered and adjudged that the Order 

of the Court of Appeal of 23rd July 2003 be aYrmed and the appeal dismissed; and that the 

appellant do pay to the respondent his costs in this House, the amount thereof to be certified 



plc (Original Respondents and Cross-appellants)—It was moved by the Lord Steyn, That the 

35th Report from the Appellate Committee of the late Parliament be agreed to; the motion 

was agreed to. It was ordered and adjudged that the appeal be allowed and the cross-appeal 

dismissed; that paragraphs 2 to 4 of the Order of the Court of Appeal of 28th July 2004 be set 

aside; that it be declared that “the Trustee (subject to receiving a satisfactory costs indemnity) 

is forthwith obliged to give a Condition 12 notice to Elektrim that the Bonds are accelerated”; 

that any outstanding issue as to the costs indemnity to which the Trustee is entitled be a matter 

for the court at first instance; and that the original respondents do pay to the original 

appellants their costs in the High Court of Justice Chancery Division, in the Court of Appeal 

and in the appeal and cross-appeal in this House, the amount of such last-mentioned costs to 

be certified by the Clerk of the Parliaments if not agreed between the parties. [2005] UKHL 27 

6. Quintavalle (on behalf of Comment on Reproductive Ethics) (Appellant) v. Human Fertilisation 

and Embryology Authority (Respondents)—It was moved by the Lord Steyn, That the 36th 

Report from the Appellate Committee of the late Parliament be agreed to; the motion was 

agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 16th May 

2003 be aYrmed and the appeal dismissed with costs, the amount thereof to be certified by the 

Clerk of the Parliaments if not agreed between the parties. [2005] UKHL 28 

Their Lordships adjourned at two o’clock 

till Wednesday next, half-past ten o’clock

2005 4th May 

409 


Heywood, L. 

Wednesday 4th May 2005 




HoVman, L. 



1. In re McKerr (AP) (Respondent) (Northern Ireland)—Further to the Judgment of the House of 

11th March 2004 (21st Report Session 2003-04; [2004] UKHL 12), and the Order of the House 

of 30th March 2004, it was Ordered that the Order for costs be varied so far as regards costs 

in the High Court of Justice in Northern Ireland and the Court of Appeal Northern Ireland 

and it was Ordered, that there be no order for costs between the parties, and that there be 

taxation of the costs of the respondent by the Taxing Master in Northern Ireland in 

accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 in the 

High Court of Justice in Northern Ireland and in the Court of Appeal Northern Ireland. 

2. Deutsche Morgan Grenfell Group plc (Appellants) v. Her Majesty’s Commissioners of Inland 

Revenue and another (Respondents) (England)—The appeal of Deutsche Morgan Grenfell 

Group plc was presented and it was ordered that in accordance with Standing Order VI the 

statement and appendix thereto be lodged on or before 15th June. 


Environment, Food and Rural AVairs and others (Appellants) (England)—The appeal of 

Covent Garden Market Authority was presented and it was ordered that in accordance with 

Standing Order VI the statement and appendix thereto be lodged on or before 15th June. 

4. Land Securities Group plc (Appellants) v. Scottish Ministers and others (Respondents) 

(Scotland)—The appeal of Land Securities Group plc was presented and it was ordered that 

in accordance with Standing Order VI the statement and appendix thereto be lodged on or 

before 15th June. 

5. MoncrieV and another (Respondents) v. Jamieson and others (Appellants) (Scotland)—The 

appeal of Keith Jamieson, Eloise Jamieson and Bruce Jamieson was presented and it was 

ordered that in accordance with Standing Order VI the statement and appendix thereto be 

lodged on or before 15th June. 

6. R v. Coutts (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of 

Graham James Coutts was presented and ordered to be prosecuted subject to the procedures 

applicable thereto. 

7. London Borough of Enfield (Respondents) v. Sivanandan (Petitioner)—The petition of Natasha 

Sivanandan 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 


8. Regina v. Secretary of State for the Home Department (Appellant) ex parte Adam (FC) 


9. Regina v. Secretary of State for the Home Department (Appellant) ex parte Tesema 


10. Regina v. Secretary of State for the Home Department (Appellant) ex parte Limbuela 



The petition of Shelter praying for leave to intervene in the said appeals was presented and 



(Appellants)—The appeal was set down for hearing and referred to an Appellate Committee. 

12. Jackson and others (Appellants) v. Her Majesty’s Attorney General (Respondent)—The petition 


down the cause for hearing might be extended to 18th May (the agents for the respondent 


13. Appeal Committee—The following Order was made pursuant to the 36th Report, Session 2004-05: 

Lewin (Northamptonshire County Council Trading Standards Service) (Petitioner) v. Purity 

Soft Drinks Limited (Respondents)—That leave to appeal be refused; that the respondents be 

at liberty to apply for their costs in accordance with direction 6.1(e); and, if the application is 


between the parties.

410 4th-5th May 

2005 



Melville (Respondent) v. Home OYce (Petitioners)—That leave to appeal be refused; that the 

respondent be at liberty to apply for his 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. 

Jameel and others (Respondents) v. Wall Street Journal Europe Sprl (Petitioners)—That leave 

to appeal be given; and that the petition of appeal be lodged by 18th May. 



Secretary of State for the Home Department (Respondent) v. K (Petitioner)—That leave to 

appeal be given; and that the petition of appeal be lodged by 18th May. 

Connex South Eastern Limited (Petitioners) v. Bangs (Respondent)—That leave to appeal be 

given; and that the petition of appeal be lodged by 18th May. 

In re W (children)—That the petition be dismissed as inadmissible. 

16. In re J (a child) (FC)— 


Their Lordships adjourned at five minutes past four o’clock 



Heywood, L. 

Carswell, L. 


Thursday 5th May 2005 



HoVman, L. 




Steyn, L. 



Environment, Food and Rural AVairs (Appellant) and others (England)—The appeal of the 

Secretary of State for Environment, Food and Rural AVairs was presented and it was ordered 


or before 16th June. 

2. AyliVe and others (Petitioners) v. Director of Public Prosecutions (Respondent)—The petition of 

Benjamin AyliVe, Natalie Duck, Belinda Fletcher, James Footner, Janice Harron, Oliver 

Knowles, Jens Loewe, Rachel Murray, Robin Oakley, Ashby Smith, Graham Thompson, 

Helen Wallace, Richard Watson and Laura Yates praying for leave to appeal in accordance 

with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee. 

3. Swain (Petitioner) v. Director of Public Prosecutions (Respondent)—The petition of Valerie Swain 

praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented 


4. In re J (a child) (FC)— 




5. Regina v. Secretary of State for Work and Pensions (Appellant) ex parte Hooper and others (FC) 


6. Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Hooper (Appellant) and 

others— 


(Appellants) 


It was moved by the Lord Nicholls of Birkenhead, That the 37th Report from the Appellate 

Committee of the late Parliament be agreed to; the motion was agreed to. It was ordered and 

adjudged that the appeal of the Secretary of State for Work and Pensions be allowed and the 

appeals of Mr Hooper, Mr Withey, Mr Naylor and Mr Martin dismissed; that the Order of 

the Court of Appeal of 18th June 2003 and the Order of Mr Justice Moses in the High Court 

of Justice Queen’s Bench Division Administrative Court of 27th February 2002 be set aside so 

far as appealed against by the Secretary of State for Work and Pensions; and that the question


411 

of costs be adjourned in order that the parties may make written submissions within 14 days. 

[2005] UKHL 29 

8. Regina v. Her Majesty’s Commissioners of Inland Revenue (Respondents) ex parte Wilkinson 

(FC) (Appellant)—It was moved by the Lord Nicholls of Birkenhead, That the 38th Report 

from the Appellate Committee of the late Parliament be agreed to; the motion was agreed to. 

It was ordered and adjudged that the Order of the Court of Appeal of 18th June 2003 be 

aYrmed and the appeal dismissed with no order as to costs. [2005] UKHL 30 

9. N (FC) (Appellant) v. Secretary of State for the Home Department (Respondent)—It was moved 

by the Lord Nicholls of Birkenhead, That the 39th Report from the Appellate Committee of 

the late Parliament be agreed to; the motion was agreed to. It was ordered and adjudged that 

the Order of the Court of Appeal of 16th October 2003 be aYrmed and the appeal dismissed 

with costs; and that the amounts thereof, if any, to be paid by the appellant and to be paid out 

of the Community Legal Service Fund be certified by the Clerk of the Parliaments in 

accordance with section 11 of the Access to Justice Act 1999, the amount thereof to be certified 


10. Ward (Respondent) v. Commissioner of Police for the Metropolis and others (Appellants)—It was 

moved by the Lord Steyn, That the 40th Report from the Appellate Committee of the late 

Parliament be agreed to; the motion was agreed to. It was ordered and adjudged that the Order 

of the Court of Appeal of 30th July 2003 be set aside; that the Order of Mr Recorder Layton 

QC in the Central London County Court of 21st October 2002 be restored so far as it 

dismissed the claims against both defendants in that Court; and that there be no order as to 

costs in this House or in the courts below. [2005] UKHL 32 

Their Lordships adjourned at two minutes past two o’clock 


Monday 9th May 2005 



Brown of Eatonunder 

Heywood, L. 



HoVman, L. 





Steyn, L. 


1. O (FC) (Appellant) v. Crown Court at Harrow (Respondents) (Criminal Appeal from Her 

Majesty’s High Court of Justice)—The appeal of O was presented and ordered to be 

prosecuted subject to the procedures applicable thereto. 

2. In re O (Appellant) (application for a writ of Habeas Corpus) (Criminal Appeal from Her 

Majesty’s High Court of Justice)—The appeal of O was presented and ordered to be 

prosecuted subject to the procedures applicable thereto. 

3. In re Marotta (Petitioner) (application for a writ of Habeas Corpus) (Northern Ireland)—The 

petition of Luigi Marotta praying for an extension of time within which the petition may be 

lodged and for leave to appeal in accordance with the Judicature (Northern Ireland) Act 1978 


4. Law Society (Original Respondents and Cross-petitioners) v. Sephton & Co (a firm) (Original 

Petitioners and Cross-respondents) and another and others (Original Petitioners and Crossrespondents)—The 

petition of the Law Society praying for leave to cross-appeal was 



Environment, Food and Rural AVairs and others (Appellants)—It was ordered that the 

appellants be allowed to prosecute the appeal without giving the usual security for costs as 

required by Standing Order. 

6. Lesotho Highlands Development Authority (Respondents) v. Impregilo SpA and others 


The cause was in part heard.


2005 





till tomorrow, half-past ten o’clock. 



Heywood, L. 


Tuesday 10th May 2005 



HoVman, L. 





Steyn, L. 


1. Her Majesty’s Attorney General (Respondent) v. Pelling (Petitioner) (First petition)—The petition 

of Michael John Pelling praying for leave to appeal in accordance with the Administration of 

Justice Act 1960 was presented and referred to an Appeal Committee (lodged 21st February). 

2. Her Majesty’s Attorney General (Respondent) v. Pelling (Petitioner) (Second petition)—The 

petition of Michael John Pelling praying for leave to appeal in accordance with the 

Administration of Justice Act 1960 was presented and referred to an Appeal Committee 

(lodged 21st April). 


(Respondent)—The petition of the Commissioner of Police of the Metropolis praying for 

leave to intervene in the said petition for leave to appeal was presented and referred to an 



(Respondent)—The petition of the Chief Constable of the Thames Valley Police praying for 

leave to intervene in the said petition for leave to appeal was presented and referred to an 




Regina v. Secretary of State for the Home Department (Appellant) ex parte Adam (FC) 


Regina v. Secretary of State for the Home Department (Appellant) ex parte Tesema 


Regina v. Secretary of State for the Home Department (Appellant) ex parte Limbuela 



That the petition of Shelter that they might be heard or otherwise intervene in the said appeals 

be allowed. 



Agassi (Respondent) v. Robinson (Her Majesty’s Inspector of Taxes) (Petitioner)—That leave 

to appeal be given; and that the petition of appeal be lodged by 24th May. 

Kinane (Respondent) v. Mackie-Conteh (Petitioner) and others—That the respondent be 

invited to lodge objections by 24th May. 

Telewest Communications plc and others (Respondents) v. Her Majesty’s Commissioners of 

Customs and Excise (Petitioners)—That the respondents be invited to lodge objections by 

24th May. 

7. Lesotho Highlands Development Authority (Respondents) v. Impregilo SpA and others 






Their Lordships adjourned at five minutes past three o’clock 

till tomorrow, half-past ten o’clock.

2004–05 413 

G E N E R A L I N D E X 

See also Judicial Index and Membership of the House, below 

Abbreviations: 

1 a ; 2 a ; 3 a First, second, third readings 

CWH Committee of the Whole House 

DPRRC Delegated Powers and Regulatory Reform 

Committee 

GC 

Grand Committee 

HC 

House of Commons 

HL 

House of Lords 

HM 

Her Majesty 

JCCB Joint Committee on Consolidation Bills 

JCHR Joint Committee on Human Rights 

JCSI 

Joint Committee on Statutory Instruments 

RA 

Royal Assent 

SO 

Standing Order 

UBC Unopposed Bill Committee 

Finding aids: 

AFFIRMATIVE INSTRUMENTS 

AMENDMENTS TO MOTIONS 

COMMITTEES 

DIVISIONS 

GRAND COMMITTEE 

MOTIONS (including motions to 

annul (“Prayers”)) 

“PING-PONG” 

PRE-LEGISLATIVE SCRUTINY 

PRIVATE BILLS 

PUBLIC BILLS 

SPECIAL PROCEDURE ORDERS 

UNSTARRED QUESTIONS 

Quick finder: 

Constitutional Reform Bill [HL] carried over: 24 Nov 04, 8-9 

Extended uses of Grand Committee: see Grand Committee 

Resolution time-limiting Unstarred Questions in Grand Committee: 31 Jan 05, 143 

Debate on committee report in Grand Committee time-limited: 21 Feb 05, 197 

All-night sitting on Prevention of Terrorism Bill: 10 Mar 05, 287 

11 Mar treated as separate sitting for Lords expenses: 24 Mar 05, 364 

A27: 

Unstarred question, 25 Jan, 131. 

Access to Justice Act 1999: 

Papers (per Act): 2 Feb, 150; 10 Mar, 285; 4 

Apr, 373; 5 Apr, 379. 

Access to Justice (Northern 

Ireland) Order 2003: 

Papers (per Order): 21 Mar, 341. 

Administration and Works 

Committee: 

Appointed, 6 Dec, 37. 

No reports in Session 2004-05. 

Reports from Session 2003-04 

1st (Smoking): amendment, after debate, 

disagreed to (div), further amendment, 

after debate, agreed to (div), report as 

amended agreed to, 21 Dec, 86. 

Adoption Act 1976: 

Papers (per Act): 22 Mar, 349. 

Adoption and Children Act 2002: 

Papers (per Act): 2 Mar, 238; 4 Apr, 371; 7 

Apr, 395. 

Adults with Incapacity (Scotland) 

Act 2000 (Consequential 

Modifications) (England, Wales 

and Northern Ireland) Order 

2005: 

Draft laid, 25 Jan, 130; JCSI report, 8 Feb, 

170. 

Affirmative Instruments: 

Hybrid instruments are marked *. Special procedure 

orders are listed separately. Regulatory 

reform orders are indexed individually 

but not included here 

See 

Adults with Incapacity (Scotland) Act 

2000 (Consequential Modifications) 

(England, Wales and Northern 

Ireland) Order 2005. 

Agency for International Trade 

Information and Co-operation (Legal 

Capacities) Order 2004.

414 GENERAL INDEX 


2004–05 

Agriculture (Northern Ireland) Order 

2004. 

Anti-Terrorism, Crime and Security Act 

2001 (Continuance in Force of 

Sections 21 to 23) Order 2005. 

Army, Air Force and Naval Discipline 

Acts (Continuation) Order 2005. 

Asylum (Designated States) Order 2005. 

Budget (Northern Ireland) Order 2005. 

Building Societies Act 1986 

(International Accounting 

Standards and Other Accounting 

Amendments) Order 2004. 

Child Benefit and Guardian’s 

Allowance (Decisions and Appeals) 

(Amendment) Regulations 2004. 


Allowance Up-Rating Order 2005. 


Allowance Up-Rating (Northern 


Child Support (Miscellaneous 

Amendments) Regulations 2005. 

Child Trust Funds (Amendment) 


Child Trust Funds (Appeals) 


Child Trust Funds (Appeals) (Northern 

Ireland) Regulations 2005. 

Civil Procedure (Amendment No. 2) 

Rules 2005. 

Code of Audit Practice for Local NHS 

Bodies (2005). 

Code of Audit Practice for Local 

Government Bodies (2005). 

Community Interest Company 


Community Legal Service (Asylum and 

Immigration Appeals) Regulations 

2005. 

Companies Act 1985 (Operating and 

Financial Review and Director’s 

Report etc.) Regulations 2005. 

Companies Act 1989 (Delegation) Order 

2005. 

Company Directors Disqualification 

(Amendment) (Northern Ireland) 

Order 2005. 

Contracting Out (Functions in 

Relation to Cultural Objects) Order 

2005. 

Courts Act 2003 (Consequential 

Provisions) Order 2005. 

Criminal Defence Service (Choice in 

Very High Cost Cases) (Amendment 

No. 2) Regulations 2004. 

Criminal Justice Act 2003 (Categories of 

Offences) Order 2004. 

Criminal Justice and Police Act 2001 

(Amendment) Order 2005. 

Criminal Procedure and Investigations 

Act 1996 (Code of Practice) Order 

2005. 

Data Protection (Subject Access 

Modification) (Social Work) 


Direction Given on 1st April by the 

Secretary of State for Northern 

Ireland under the Northern Ireland 

Act 1998, Regarding Reduction of 

Financial Assistance. 

District Policing Partnerships 

(Northern Ireland) Order 2005. 

Drainage (Amendment) (Northern 


Education (Additional Support for 

Learning) (Scotland) Act 2004 

(Consequential Modifications) Order 

2005. 

Electoral Law Act (Northern Ireland) 

1962 (Amendment) Order 2005. 


1962 (Amendment No. 2) Order 2005. 


1962 (Amendment No. 3) Order 2005. 

Electricity and Gas (Energy Efficiency 

Obligations) Order 2004. 

Employment Zones (Allocation of 

Contractors) Pilot Regulations 2005. 

Environmental Information 


European Communities (Definition of 

Treaties) (European Police Office) 

Order 2004. 

European Communities (Immunities and 

Privileges of the European Police 

Office) (Amendment) Order 2004. 

European Police College (Immunities 

and Privileges) Order 2004. 

Extradition Act 2003 (Amendment to 

Designations) Order 2005. 

Extradition Act 2003 (Part 3 

Designation) (Amendment) Order 2005. 

Financial Provisions (Northern 


Financial Services and Markets Act 

2000 (Carrying on Regulated 

Activities by Way of Business) 



2000 (Regulated Activities) 

(Amendment) (No. 2) Order 2004. 

Firearms (Amendment) (Northern 


Freedom of Information (Time for 

Compliance with Request) 


Freedom of Information (Removal and 

Relaxation of Statutory Prohibitions 

on Disclosure of Information) Order 

2004. 

Gangmasters (Licensing Authority) 


Gender Recognition (Approved 

Countries and Territories) Order 

2005. 

Government Resources and Accounts 

Act 2000 (Audit of Public Bodies) 

Order 2005.

2004–05 GENERAL INDEX 

415 


Guaranteed Minimum Pensions Increase 

Order 2005. 

Higher Education (Northern Ireland) 

Order 2005. 

Immigration and Asylum (Provision of 

Accommodation to Failed Asylum- 

Seekers) Regulations 2005. 

Immigration (Leave to Enter and 

Remain) (Amendment) Order 2005. 

Industrial Training Levy (Construction 

Board) Order 2005. 

Industrial Training Levy (Engineering 

Construction Board) Order 2005. 

Information and Consultation of 

Employees Regulations 2004. 

Insolvency (Northern Ireland) Order 

2005. 

Institute of Trade Mark Attorneys 

Order 2004. 

International Criminal Court 

(Immunities and Privileges) Order 

2004. 

Law Reform (Miscellaneous Provisions) 


Local Authorities (Contracting Out of 

Bid Levy Billing, Collection and 

Enforcement Functions) Order 2004. 

Local Authorities’ Plans and Strategies 

(Disapplication) (England) Order 

2005. 

Local Government (Northern Ireland) 

Order 2005. 

Motor Vehicles (Wearing of Seat Belts) 


New Opportunities Fund (Specification 

of Initiative) Order 2005. 

Non-Domestic Rating (Chargeable 

Amounts) (England) (Amendment) 



Amounts) (England) Regulations 

2004. 

Northern Ireland Act 2000 

(Modification) Order 2005. 

Northern Ireland Arms 

Decommissioning Act 1997 (Amnesty 

Period) Order 2005. 

Northern Ireland (Sentences) Act 1998 

(Specified Organisations) Order 2004. 

Occupational Pension Schemes (Levies) 


Occupational Pension Schemes 

(Modification of Pension Protection 

Provisions) Regulations 2005. 

Offshore Petroleum Activities (Oil 

Pollution Prevention and Control) 


Open-Ended Investment Companies 


Opticians Act 1989 (Amendment) Order 

2005. 

Parliamentary Constituencies 

(Scotland) Order 2005. 

Pension Protection Fund (Pension 

Compensation Cap) Order 2005. 

Pension Protection Fund (PPF 

Ombudsman) Order 2005. 

Pensions Appeal Tribunals (Armed 

Forces and Reserve Forces 

Compensation Scheme) (Rights of 

Appeal) Regulations 2005. 

Pneumoconiosis etc. (Workers’ 

Compensation) (Payment of Claims) 

(Amendment) Regulations 2005 

Political Parties, Elections and 

Referendums Act 2000 (Disapplication 

of Part IV for Northern Ireland 

Parties, etc) Order 2005. 

Private Security Industry Act 2001 

(Amendments to Schedule 2) Order 

2005. 

Public Audit (Wales) Act 2004 

(Relaxation of Restriction on 

Disclosure) Order 2005. 

Public Processions (Amendment) 


Regulation of Investigatory Powers 

(Communications Data) (Amendment) 

Order 2005. 


(Directed Surveillance and Covert 

Human Intelligence Sources) 


Remand in Custody (Effect of 

Concurrent and Consecutive 

Sentences of Imprisonment) Rules 

2005. 

Renewables Obligation Order 2005. 

Representation of the People (Variation 

of Limits of Candidates’ Election 

Expenses) (City of London) Order 

2005. 

Restriction on the Preparation of 

Adoption Reports Regulations 2005. 

Revised Funding Code Prepared by the 

Legal Services Commission. 

Scotland Act 1998 (Transfer of 

Functions to the Scottish Ministers 

etc.) Order 2005. 

Scotland Act 1998 (Modifications of 

Schedule 5) Order 2005. 

Scotland Act 1998 (Modifications of 

Schedule 5) (No. 2) Order 2005. 

Scotland Act 1998 (River Tweed) Order 

2005. 

Social Security Benefits Up-Rating 

Order 2005. 

Social Security, Child Support and Tax 

Credits (Decisions and Appeals) 

Amendment Regulations 2004. 

Social Security Commissioners 

(Procedure) (Amendment) Regulations 

2005. 


(Procedure) (Child Trust Funds) 


Social Security (Contributions) (Re- 

Rating and National Insurance 

Funds Payments) Order 2005. 

Social Security (Inherited SERPS) 

(Amendment) Regulations 2005.



2004–05 

Social Security (Intensive Activity 

Period 50 to 59 Pilot) Regulations 

2005. 


Period 50 to 59 Pilot) (No. 2) 


Special Educational Needs and 

Disability (Northern Ireland) Order 

2005. 

Special Immigration Appeals Commission 

(Procedure) (Amendment) Rules 2005. 

Suitability of Adopters Regulations 

2005. 

Tax Credits Up-Rating Regulations 

2005. 

Terrorism Act 2000 (Continuance of 

Part VII) Order 2005. 

Town and Country Planning (Fees for 

Applications and Deemed 

Applications) (Amendment) (England) 


Unauthorised Encampments (Northern 


Water Fluoridation (Consultation) 

(England) Regulations 2005. 

Water Supply (Fluoridation 

Indemnities) (England) Regulations 

2005. 

*West Northamptonshire Development 

Corporation (Area and Constitution) 

Order 2004. 

Agency for International Trade 

Information and Co-Operation 

(Legal Capacities) Order 2004: 

After debate approved, 9 Dec, 57. 

Age-Related Payments Act 2004: 

DPRRC Report, 8 Dec, 52. 

Agriculture (Northern Ireland) 

Order 2004: 

Draft laid, 24 Nov, 7; referred to GC, 6 Dec, 

38; GC, 13 Dec, 61; approved, 14 Dec, 65; 

14 Jan, 109. 

Air Force (Constitution) Act 1917: 

Papers (per Act): 23 Nov, 3; 14 Dec, 65; 10 

Jan, 94; 14 Jan, 109; 4 Feb, 159; 15 Mar, 

321; 4 Apr, 373; 7 Apr, 396. 

Airports Act 1986: 

Papers (per Act): 23 Feb, 212. 

Amendments to Motions: 

See 

Administration and Works Committee 

(1st Report 2003-04). 


Offences) Order 2004. 


1962 (Amendment) Order 2005. 

Electoral Registration (Northern 

Ireland) Bill [HL] (2a). 

Higher Education (Northern Ireland) 

Order 2005. 

Procedure Committee (1st Report). 

Animal Health and Welfare Act 

1984: 

Papers (per Act): 9 Dec, 56. 

Anti-Social Behaviour Act 2003: 


Anti-Terrorism, Crime and Security 

Act 2001: 


Anti-Terrorism, Crime and Security 

Act 2001 (Continuance in Force 

of Sections 21 to 23) Order 2005: 

Draft laid, 27 Jan, 138; Merits report, 8 Feb, 

170; JCSI report, 22 Feb, 206. 

Appeal Committees: 

Appointed 23 Nov, 3; 13 Apr, 401. 

Appellate Committees: 

Appointed 23 Nov, 3; 13 Apr, 401. 

Appropriation Bill (Money): 

(Appropriation (No. 2) Act 2005) 

1a, 6 Apr, 384; 2a, Committee negatived, 3a, 

passed, RA, 7 Apr, 397. 

Armed Forces (Pensions and 

Compensation) Act 2004: 


Army, Air Force and Naval 

Discipline Acts (Continuation) 

Order 2005: 

Draft laid, 4 Apr, 372. 

Assisted Dying for the Terminally 

Ill Bill [HL]: 

1a, 24 Nov, 8; after debate 2a, committed to 

SC, 29 Nov, 18; committee appointed, 30 

Nov, 22; report, 15 Mar, 321. 

Asylum and Immigration (Treatment 

of Claimants, etc.) Act 2004: 

Papers (per Act): 13 Dec, 60; 11 Jan, 97; 10 

Mar, 285.


417 


Asylum (Designated States) Order 

2005: 

Draft laid, 18 Jan, 115; JCSI report, 25 Jan, 

131; after debate approved, 4 Feb, 159. 

Aviation and Maritime Security Act 

1990: 

Papers (per Act): 4 Apr, 373. 

Aviation Security Act 1982: 


Bank of England Act 1998: 


BBC Charter Committee: 

Appointed, 2 Mar, 239. 

Bills: 

See Private Bills and Public Bills. 

Biological Standards Act 1975: 


Borough Freedom (Family 

Succession) Bill [HL]: 

1a, 25 Nov, 12; after debate 2a , committed to 

CWH, 7 Dec, 42; DPRRC report, 8 Dec, 

52; order of commitment discharged, 11 

Jan, 97; 3a, passed, sent HC, 18 Jan, 116. 

Boundary Commission for Scotland: 

Papers (by command): 14 Dec, 64. 

Bovine Tuberculosis: 

Unstarred question in GC, 23 Mar, 361. 

British Nationality Act 1981: 


Broadcasting Act 1990: 

Papers (per Act): 16 Dec, 75; 20 Dec, 78; 7 

Feb, 162. 

Budget: 

Papers (by command): 2 Dec, 32; 16 Mar, 

330. 

Budget (Northern Ireland) Order 

2005: 

Draft laid, 9 Feb, 177; referred to GC, 7 Mar, 

256; GC, 15 Mar, 322, 327; approved, 17 

Mar, 336. 

Building Act 1984: 


Building Societies Act 1986: 


Building Societies Act 1986 

(International Accounting 

Standards and other 

Accounting Amendments) Order 

2004: 


Business of the House: 

Unstarred questions in Grand Committee 

time limited: 31 Jan, 143. 

Amendments on Third Reading: 7 Mar, 256. 

Arrangement of the Order Paper: 29 Nov, 16; 

14 Mar, 317; 6 Apr, 384. 

Postponement and advancement of business: 

3 Feb, 155; 24 Feb, 218; 22 Mar, 350; 6 

Apr, 384. 

Reference to Grand Committee: 31 Jan, 142; 

28 Feb, 225; 10 Mar, 286; 14 Mar, 317; 21 

Mar, 342. 

Two stages on one day: 24 Nov, 9; 15 Dec, 70; 

21 Feb, 197; 1 Mar, 234; 7 Mar, 256; 14 

Mar, 317; 6 Apr, 384. 

Short Debate rules applied, 

1° hours: 23 Feb, 213. 

2 hours: 12 Jan, 102; 2 Feb, 151; 3 Feb, 154. 

2° hours: 1 Dec, 27; 16 Mar, 331; 23 Mar, 

360. 

3 hours: 26 Jan, 135; 21 Feb, 197 (committee 

report in GC). 

3° hours: 26 Jan, 135; 23 Feb, 213. 

4 hours: 8 Dec, 52; 2 Feb, 151. 

5 hours: 12 Jan, 102. 

By-Elections: 

See Membership of the House at back of 

volume. 

Care of Cathedrals (Amendment) 

Measure: 

Measure with report of Ecclesiastical Committee, 

24 Feb, 217; after debate approved, 

22 Mar, 351; RA, 24 Mar, 365. 

Care Standards Act 2000: 


Carers (Equal Opportunities) Act 

2004: 


Caribbean Banana Growers: 

Unstarred question, 14 Jan, 109.



2004–05 

Carry-Over of Public Bills: 

See Constitutional Reform Bill [HL]. 

Chairman of Committees: 

Lord Brabazon of Tara appointed, nemine 

dissentiente, Chairman of Committees, 23 

Nov, 3. 

Channel Tunnel (Security) Order 

1994: 

Papers (per Order): 4 Apr, 373. 

Charities Act 1993: 

Papers (per Act): 29 Nov, 15; 13 Jan, 105; 10 

Mar, 285. 

Charities Bill [HL]: 

1a, explanatory notes, 20 Dec, 79; DPRRC 

report, 19, Jan, 119; after debate 2a, committed 

to GC, 20 Jan, 123; marshalling 

order, 25 Jan, 131; GC, 3 Feb, 157; 9 Feb, 

179; 10 Feb, 184; 23 Feb, 213; 8 Mar, 275; 

14 Mar, 317; 16 Mar, 332; 21 Mar, 342, 

346. 

Charities Bill, Draft: 

Government response to JC report, 21 Dec, 

85. 

Charity: 


Child Abduction and Custody Act 

1985: 



Allowance (Decisions and 

Appeals) (Amendment) 

Regulations 2004: 



Allowance Up-Rating 

(Northern Ireland) Order 2005: 


170; approved, 28 Feb, 225. 


Allowance Up-Rating Order 

2005: 


170; approved, 28 Feb, 225. 

Child Benefit Bill: 

1a, explanatory notes, 4 Feb, 159; after 

debate 2a, committed to GC, 3 Mar, 252; 

DPRRC report, 9 Mar, 279; order of commitment 

discharged, committed to CWH, 

10 Mar, 287; order of commitment 

discharged, 17 Mar, 336; 3a, passed, RA, 

24 Mar, 365. 

Child Support (Miscellaneous 

Amendments) Regulations 2005: 

Draft laid, 2 Feb, 150; JCSI report, 8 Feb, 


Child Trust Funds Act 2004: 

Papers (per Act): 21 Dec, 85; 4 Feb, 158; 24 

Mar, 364. 

Child Trust Funds (Amendment) 


Draft laid, 21 Dec, 85; JCSI report, 11 Jan, 

97; referred to GC, 31 Jan, 143; GC, 21 

Feb, 198, 202; approved, 22 Feb, 207. 


(Northern Ireland) Regulations 

2005: 


206; approved, 23 Mar, 361. 




206; after debate approved, 23 Mar, 361. 

Children: 

Papers (by command): 18 Jan, 115. 

Children Act 1989: 


Mar, 263; 10 Mar, 284, 286; 6 Apr, 383. 

Children Act 2004: 


Children (Contact) and Adoption 

Bill, Draft: 

Presented, 2 Feb, 150; motion to appoint 

joint committee, agreed to, message to HC, 

2 Feb, 151; message from HC, 8 Feb, 171; 

joint committee appointed, message to 

HC, 9 Feb, 178; Lord substituted, 2 Mar, 

239; report, 24 Mar, 364. 

Children in Care: 

Motion for papers, after debate, withdrawn, 

9 Feb, 178.


419 


Church of England (Miscellaneous 

Provisions) Measure: 



22 Mar, 351; RA, 24 Mar, 365. 

Civil Aviation Act 1949: 

Papers (per Act): 10 Jan, 94. 

Civil Contingencies Act 2004: 


Civil List: 

Papers (by command): 21 Mar, 340. 

Civil Partnership Act 2004: 


Civil Procedure Act 1997: 

Papers (per Act): 30 Nov, 21; 10 Jan, 93; 28 

Feb, 224. 

Civil Procedure (Amendment No. 2) 

Rules 2005: 

Draft laid, 14 Mar, 316; Merits report, 22 

Mar, 349; JCSI report, 5 Apr, 379; after 

debate approved, 7 Apr, 397. 

Clean Neighbourhoods and 

Environment Bill: 


debate 2a, 22 Mar, 350; committed to 

CWH, after debate CWH, report, Queen’s 

consent, 3a, after debate passed, returned 

HC with amendments, 6 Apr, 384; from 

HC agreed to, 7 Apr, 396; RA, 7 Apr, 397. 

Climate Change (EUC Report): 

Motion to take note, after debate agreed to, 

23 Feb, 213. 

Coal Industry Act 1994: 

Papers (per Act): 29 Nov, 15. 


Government Bodies (2005): 

Draft laid, 27 Jan, 138; approved, 9 Mar, 280. 


NHS Bodies (2005): 

Draft laid, 27 Jan, 138; approved, 9 Mar, 280. 

Commercial Debts: 

Papers (by command): 23 Nov, 3. 

Commissioner for Older People 

(Wales) Bill, Draft: 

Presented, 22 Mar, 349. 

Commissioners for Revenue and 

Customs Bill: 

1a, explanatory notes, 27 Jan, 139; after 

debate 2a, committed to GC, 7 Feb, 165; 

DPRRC report, 21 Feb, 197; marshalling 

order, 21 Feb, 197; GC, 22 Feb, 209; 24 

Feb, 221; GC, 2 Mar, 240, 245; report (2 

divs), 22 Mar, 350; 3a (div), passed, returned 

HC with amendments, 5 Apr, 380; 

from HC agreed to, 6 Apr, 384; RA, 7 

Apr, 397. 

Committees: 

See 


Appeal Committees 

Appellate Committees 

BBC Charter Committee 

Children (Contact) and Adoption Bill, 

Draft 

Consolidation Bills Joint Committee 

Constitution Committee 

Delegated Powers and Regulatory 

Reform Committee 

Ecclesiastical Committee 

Economic Affairs Committee 

European Union Committee 

House Committee 

Human Rights, Joint Committee on 

Hybrid Instruments Committee 

Information Committee 

Liaison Committee 

Mental Health Bill, Draft 

Merits of Statutory Instruments 

Committee 

Parliamentary Broadcasting Unit 

Limited (Parbul) 

Parliamentary Office of Science and 

Technology (Post) 

Personal Bills Committee 

Privileges, Committee for 

Procedure of the House Committee 

Refreshment Committee 

Science and Technology Committee 

Selection, Committee of 

Standing Orders (Private Bills) 

Committee 

Statutory Instruments Joint Committee 

Tax Law Rewrite Bills Joint Committee 

Works of Art Committee 

Common Agricultural Policy 

Single Payment Scheme (Set- 

Aside) (England) Regulations 

2004: 

Motion to revoke, after debate withdrawn, 2 

Mar, 240.



2004–05 

Commonhold and Leasehold Reform 

Act 2002: 

Papers (per Act): 30 Nov, 21; 7 Feb, 162. 

Communications Act 2003: 

Papers (per Act): 20 Dec, 78; 10 Mar, 286. 

Community Interest Company 


Draft laid, 1 Mar, 232; withdrawn, 17 Mar, 

335; second draft laid, 17 Mar, 335; JCSI 

report, 22 Mar, 350. 

Community Legal Service (Asylum 

and Immigration Appeals) 


Draft laid, 23 Feb, 211; JCSI report, 8 Mar, 


Companies: 


Companies Act 1985: 


Companies Act 1985 (Operating and 

Financial Review and Directors’ 

Report etc.) Regulations 2005: 


115; referred to GC, 10 Feb, 182; order of 

reference discharged, 7 Mar, 256; after 

debate approved, 16 Mar, 332. 

Companies Act 1989 (Delegation) 

Order 2005: 


263. 

Companies (Audit, Investigations 

and Community Enterprise) Act 

2004: 


Company Directors 

Disqualification (Amendment) 


Draft laid, 20 Jan, 122. 

Consolidated Fund (Appropriation) 

Bill (Money): 

(Appropriation Act 2005) 

1a, 10 Mar, 287; 2a, Committee negatived, 

3a, passed, 16 Mar, 332; RA, 17 Mar, 336. 

Consolidated Fund Bill (Money): 

(Consolidated Fund (No. 2) Act 

2004): 

1a, 14 Dec, 65; 2a, Committee negatived, 3a, 

passed, RA, 16 Dec, 75. 

Consolidation Bills Joint 

Committee: 

Not appointed. 

Constitution Committee: 


Reports 

1st (Inquiries Bill [HL]), 15 Dec, 70. 

2nd (Prevention of Terrorism Bill), 2 Mar, 

239. 

3rd (Serious Organised Crime and Police 

Bill), 2 Mar, 239. 

4th (First Progress Report 2004-05), 9 Mar, 

279. 

5th (Identity Cards Bill), 9 Mar, 279. 

6th (Parliament and the Legislative Process: 

Government Response), 7 Apr, 396. 


6th (Regulatory State: Ensuring its 

Accountability), debated, 2 Dec, 33. 

Constitutional Affairs: 

Papers (by command): 21 Feb, 195. 

Constitutional Reform Bill [HL]: 

1a; Queen’s consent; after debate, 2a; committed 

to CWH, 24 Nov, 8-9; marshalling 

order, 29 Nov, 18; report (3 divs), 7 Dec, 

42; report, 14 Dec, 65-6; DPRRC report, 

15 Dec, 70; 3a (2 divs), passed, sent HC 

with amendments, 20 Dec, 79; from HC 

with amendments, 2 Mar, 239; Government 

response to Commons SC report, 7 

Mar, 255; DPRRC report, 9 Mar, 279; 

LCCA (2 divs), 15 Mar, 322; from HC with 

amendments, 17 Mar, 336; LCCA (2 divs), 

21 Mar, 342; RA, 24 Mar, 365. 

Consular Relations Act 1968: 


Consumer Credit Act 1974: 


Consumer Credit Bill: 

1a, explanatory notes, 7 Mar, 256. 

Contingent Liabilities: 

Papers (by command): 24 Nov, 7; 2 Dec, 32; 

8 Feb, 169; 7 Mar, 255; 24 Mar, 363; 4 

Apr, 371.


421 


Contracting Out (Functions in 

Relation to Cultural Objects) 

Order 2005: 


263; referred to GC, 21 Mar, 342; GC, 23 

Mar, 360, 361; approved, 24 Mar, 365. 

Copyright, Designs and Patents Act 

1988: 

Papers (per Act): 8 Feb, 169; 4 Apr, 372. 

Corporate Manslaughter Bill, 

Draft: 

Presented, 23 Mar, 359. 

Council of Europe: 


Countryside and Rights of Way Act 

2000: 


Courts Act 2003: 

Papers (per Act): 30 Nov, 21; 10 Feb, 182; 7 

Mar, 255; 8 Mar, 262; 9 Mar, 278; 10 Mar, 

285; 24 Mar, 364; 4 Apr, 372. 

Courts Act 2003 (Consequential 

Provisions) Order 2005: 



Courts and Legal Services Act 1990: 

Papers (per Act): 8 Mar, 262; 10 Mar, 285. 

Courts-Martial (Appeals) Act 1968: 


Covent Garden Market Act 1961: 


Crime and Disorder Act 1998: 


Crime (International Co-Operation) 

Act 2003: 


Crime Prevention: 


8 Dec, 52. 

Criminal Appeal Act 1995: 


Criminal Defence Service Bill, 

Draft: 

Government response to Commons Committee 

report, 24 Nov, 7; framework document, 

16 Dec, 74. 

Criminal Defence Service (Choice in 

Very High Cost Cases) 

(Amendment No. 2) Regulations 

2004: 


Criminal Injuries Compensation Act 

1995: 


Criminal Justice: 


Criminal Justice Act 2003: 


Criminal Justice Act 2003 

(Categories of Offences) Order 

2004: 

JCHR report, 1 Dec, 27; after debate, amendment 

disagreed to (div), motion to approve 

agreed to, 14 Dec, 65. 

Criminal Justice and Court Services 

Act 2000: 

Papers (per Act): 2 Feb, 150; 21 Feb, 195; 10 

Mar, 283. 

Criminal Justice and Police Act 

2001: 


Mar, 286; 14 Mar, 316; 21 Mar, 341. 

Criminal Justice and Police Act 

2001 (Amendment) Order 2005: 




Criminal Procedure and 

Investigations Act 1996: 


Criminal Procedure and 

Investigations Act 1996 (Code of 

Practice) Order 2005: 



Mar, 350, 356; approved, 24 Mar, 365.



2004–05 

Criminal Trials: 


Critical National Infrastructure: 

Unstarred question, 9 Dec, 57. 

Crossrail Bill (Hybrid): 

Examiner’s certificate, 10 Mar, 286; standing 

orders committee report, 22 Mar, 350; 

carry-over motion, message to HC, 7 Apr, 

396; message re carry-over motion from 

HC, 7 Apr, 397. 

Crown Agents Act 1979: 


Cultural Activities: 


Culture: 


Cyprus: 

Papers (by command): 6 Apr, 383. 

Damages Act 1996: 


Data Protection Act 1998: 


Mar, 256. 

Data Protection (Subject Access 

Modification) (Social Work) 

(Amendment) Order 2005: 



Deaths of Members: 


volume. 

Defence: 


17 Jan, 112. 

Papers (by command): 2 Dec, 32; 15 Dec, 69; 

20 Dec, 78; 20 Jan, 122 (withdrawn 21 Feb, 

195); 25 Jan, 130; 9 Feb, 177; 5 Apr, 378. 

Delegated Powers and Regulatory 

Reform Committee: 

Appointed, 30 Nov, 22. 

Reports 

1st (International Organisations Bill [HL]; 

Inquiries Bill [HL]; Borough Freedom 

(Family Succession) Bill [HL]; 

Parliamentary Commissioner 

(Amendment) Bill [HL]; Age-Related 

Payments Act 2004), 8 Dec, 52. 

2nd (Proposal for the draft Regulatory 

Reform (Prison OYcers) (Industrial 

Action) Order 2004; Proposal for the 

draft Regulatory Reform (Joint Nature 

Conservation Committee) Order 2005), 8 

Dec, 52. 

3rd (Proposal for the Draft Regulatory 

Reform (Registration of Births and 

Deaths) (England and Wales) Order 

2004. 

4th (Disability Discrimination Bill [HL]; 

Public Services Ombudsman (Wales) Bill 

[HL]; Education Bill [HL]; Succession to 

the Crown Bill [HL]), 15 Dec, 70. 

5th (Constitutional Reform Bill [HL]), 15 

Dec, 70. 

6th (Mental Capacity Bill; Charities Bill 

[HL]; Income Tax (Trading and Other 

Income) Bill; Renewable Energy Bill 

[HL]; Disability Discrimination Bill 

[HL]), 19 Jan, 119. 

7th (Management of OVenders and 

Sentencing Bill [HL]; School Transport 

Bill; TraYc Wardens and Parking 

Attendants Bill [HL]), 2 Feb, 150. 

8th (Draft Regulatory Reform (Prison 

OYcers) (Industrial Action) Order 2005; 

Draft Regulatory Reform (Trading 

Stamps) Order 2005; Draft Regulatory 

Reform (Joint Nature Conservation 

Committee) Order 2005), 2 Feb, 150. 

9th (Electoral Registration (Northern 

Ireland) Bill [HL]; Commissioners for 

Revenue and Customs Bill; Mental 

Capacity Bill), 21 Feb, 197. 

10th (Railways Bill), 23 Feb, 212. 

11th (Gambling Bill), 23 Feb, 212. 

12th (Prevention of Terrorism Bill; 

Gambling Bill), 28 Feb, 224. 

13th (Child Benefit Bill; Mental Capacity 

Bill; Constitutional Reform Bill [HL]; 

Prevention of Terrorism Bill), 9 Mar, 279. 

14th (Draft Regulatory Reform (National 

Health Service Charitable and Non- 

Charitable Trust Accounts and Audit) 

Order 2005; Draft Regulatory Reform 

(Execution of Deeds and Documents) 

Order 2005; Draft Regulatory Reform 

(Fire Safety) Order 2005), 9 Mar, 279. 

15th (Serious Organised Crime and Police 

Bill; Mental Capacity Bill), 21 Mar, 341. 

16th (Draft Regulatory Reform (Fire 

Safety) Order 2005), 21 Mar, 341. 

17th (Railways Bill; Serious Organised 

Crime and Police Bill), 6 Apr, 384. 

18th (Special Report on Sessions 2003-04 

and 2004-05: The Work of the 

Committee), 6 Apr, 384.


423 


Departmental Performance: 

Papers (by command): 2 Dec, 31; 6 Dec, 36; 

7 Dec, 41; 9 Dec, 55; 13 Dec, 60; 14 Dec, 64; 

20 Dec, 78. 

Deputy Chairmen of Committees: 

L. Grenfell appointed, nemine dissentiente, 

Principal Deputy Chairman of Committees, 

23 Nov, 3. 

Panel of Deputy Chairmen appointed, 1 

Dec, 28. 

Deregulation: 

See Regulatory Reform. 

See also Delegated Powers and Regulatory 

Reform Committee. 

Development of Tourism Act 1969: 

Papers (per Act): 13 Jan, 105; 10 Mar, 286. 

Direction given on 1st April by the 

Secretary of State for Northern 

Ireland under the Northern 

Ireland Act 1998, Regarding 

Reduction of Financial 

Assistance: 

Draft laid, 4 Apr, 372. 

Disability: 


Disability Discrimination Act 1995: 


Mar, 238; 7 Apr, 396. 

Disability Discrimination Bill [HL]: 

1a, explanatory notes, 25 Nov, 12; after 

debate, 2a, committed to GC, 6 Dec, 38; 

DPRRC report, 15 Dec, 70; GC, 13 Jan, 

106; 17 Jan, 112; DPRRC report, 19 Jan, 

119; GC, 20 Jan, 123; report (2 divs), 3 Feb, 

155; report (div), 8 Feb, 171; Queen’s 

consent; 3a (div), passed, sent HC, 28 Feb, 

225; from HC with amendments, 6 Apr, 

384; HC amendments agreed to, 7 Apr, 

396; RA, 7 Apr, 397. 

Dissolution: 

11 Apr, 400. 

District Policing Partnerships 


Draft laid, 21 Feb, 196; after debate approved, 

2 Mar, 240. 

Divisions: 

The first figure in each bracket is the number of 

Lords voting Content, the second figure, 

those voting Not-Content. *Discrepancy 

between tellers’ figures and recorded names 

Statutory Instruments 


OVences) Order 2004 

Amendment to motion to approve: (42-90), 

14 Dec, 66. 

Higher Education (Northern Ireland) Order 

2005 

Amendment to motion to approve: (168- 

150), 22 Mar, 351. 

Motions 



(88-53), 21 Dec, 86-8. 

Procedure Committee 


24 Mar, 365. 

Public Bills 

Commissioners for Revenue and Customs Bill 

Report: (147-136), (134-126), 22 Mar, 353. 

3a: (43-90), 5 Apr, 380. 

Constitutional Reform Bill [HL] 

Report: (229-206); (215-175); (128-178), 7 

Dec, 43-9. 

3a: (133-199); (126-190), 20 Dec, 79-83. 

LCCA: (215-199), (209-195), 15 Mar, 323; 

(191-203), (189-201), 21 Mar, 342-6. 

Disability Discrimination Bill [HL] 

Report: (80-103); (36-100), 3 Feb, 155; (138- 

131), 8 Feb, 171. 

3a: (118-122), 28 Feb, 228. 

Drugs Bill 

CWH: (105-11), 6 Apr, 391. 

Education Bill [HL] 

CWH: (83-126), 13 Jan, 106; (30-70), 24 

Jan, 127. 

Report: (149-133), (144-125), (127-120), 21 

Feb, 198-202; (94-105), (54-141), 24 Feb, 

219-21. 

3a: (138-136), (148-126), (119-125), 2 Mar, 

241-5.



2004–05 

Electoral Registration (Northern Ireland) 

Bill [HL] 

CWH: (61-140), 22 Feb, 207. 

Gambling Bill 

CWH: (123-105), 10 Mar, 297-99. 

Inquiries Bill [HL] 

Report: (61-163), 8 Feb, 173. 

3a: (137-130), (149-131), 28 Feb, 225-28. 

LCCA: (89-142), (87-135), 7 Apr, 398. 

International Organisations Bill [HL] 

Report: (103-130), 7 Feb, 165. 

Mental Capacity Bill 

3a: (18-118), 24 Mar, 367. 

Prevention of Terrorism Bill 

CWH: (249-119), 7 Mar, 257. 

Report: (256-129), (240-139), (297-110), 

(232-130), (76-123), (173-110)*, 8 Mar, 264- 

75. 

LCCA: (214-126), (225-127), (250-101), (200- 

129), 10 Mar, 290-97; (182-112), (178-111), 

(192-107), (153-98), (155-97), (164-96), (176- 

128), (194-123), (56-117), 10 Mar, 299-313. 


[HL] 

Report: (91-86), 10 Feb, 183. 

Railways Bill 

Report: (120-136), 4 Apr, 374. 

3a: (149-127), (158-135), 6 Apr, 385. 

Serious Organised Crime and Police Bill 

Report: (60-141), (63-125), 6 Apr, 389. 

Equality of votes: None. 

No quorum: None. 

InsuYcient tellers: 28 Feb, 225; 7 Mar, 256. 

Voting in both lobbies: 21 Dec, 87. 

Draft Bills: 

See Pre-Legislative Scrutiny. 

Drainage (Amendment) (Northern 



Drugs Bill: 


debate 2a, 4 Apr, 373; committed to CWH, 

CWH (div), report, 3a, passed, returned 

HC with amendments, 6 Apr, 384; from 

HC agreed to, 7 Apr, 396; RA, 7 Apr, 397. 

Ecclesiastical Committee: 

Reports 

219th (Stipends (Cessation of Special 

Payments) Measure), 24 Feb, 217. 

220th (Care of Cathedrals (Amendment) 

Measure), 24 Feb, 217. 

221st (Church of England (Miscellaneous 

Provisions) Measure), 24 Feb, 218. 

Ecclesiastical Fees Measure 1986: 

Papers (per Measure): 21 Feb, 196. 

Economic Affairs Committee: 


Reports 

1st (Monetary and Fiscal Policy: Present 

Successes and Future Problems, the 

Government’s response), 3 Feb, 154. 


3rd (Monetary and Fiscal Policy: Present 

Successes and Future Problems), debated 

in GC, 21 Feb, 198, 202. 

Education: 

Papers (by command): 23 Feb, 211; 22 Mar, 

349. 

Education Act 1994: 



Papers (per Act): 24 Jan, 126; 28 Feb, 224; 15 

Mar, 321; 4 Apr, 372; 6 Apr, 383. 





Apr, 373; 5 Apr, 379. 

Education (Additional Support for 

Learning) (Scotland) Act 2004 

(Consequential Modifications) 

Order 2005: 


170. 

Education Bill [HL]: 

1a, explanatory notes, 30 Nov, 23; after 

debate 2a, committed to CWH, 13 Dec, 61; 

DPRRC report; marshalling order, 15 

Dec, 70; CWH, 11 Jan, 97, 98; CWH (div), 

13 Jan, 105; CWH, 18 Jan, 116; CWH 

(div), 24 Jan, 126; marshalling order, 10 

Feb, 183; report (3 divs), 21 Feb, 197, 198; 

report (2 divs), 24 Feb, 218; 3a (3 divs), 

passed, sent HC, 2 Mar, 240; from HC 

agreed to, RA, 7 Apr, 397.


425 


Education: Tomlinson Report: 


16 Mar, 332. 

Electoral Law: 


Electoral Law Act (Northern 

Ireland) 1962 (Amendment) 

Order 2005: 


146; after debate approved, amendment 

withdrawn, 2 Mar, 240. 


Ireland) 1962 (Amendment No. 2) 

Order 2005: 

Draft laid, 24 Feb, 217; referred to GC, 7 

Mar, 256; JCSI report, 8 Mar, 263; GC, 15 



Ireland) 1962 (Amendment No. 3) 

Order 2005: 

Draft laid, 7 Mar, 256; JCSI report, 8 Mar, 




Ireland) Bill [HL]: 

1a, explanatory notes, 9 Feb, 178; DPRRC 

report, 21 Feb, 197; after debate 2a, 

amendment withdrawn, committed to 

CWH, 21 Feb, 197; CWH (div); report; 3a; 

passed; sent HC, 22 Feb, 207; from HC 

agreed to; RA, 24 Feb, 218. 

Electricity Act 1989: 


Electricity and Gas (Energy 

Efficiency Obligations) Order 

2004: 


Electricity Supply: 


19 Jan, 119. 

Electronic Communications Act 

2000: 

Papers (per Act): 6 Dec, 36; 9 Dec, 56. 

Employment (Northern Ireland) 

Order 2003: 

Papers (per Order): 17 Jan, 112. 

Employment Rights Act 1996: 


Employment Tribunals Act 1996: 


Employment Zones (Allocation to 

Contractors) Pilot Regulations 

2005: 


233; after debate approved, 5 Apr, 380. 

Energy Act 2004: 


Energy (Northern Ireland) Order 

2003: 


Enterprise Act 2002: 


Jan, 115; 24 Mar, 364; 4 Apr, 371. 

Environment: 


8 Dec, 51; 19 Jan, 119; 7 Mar, 255; 9 

Mar, 278. 

Environment Act 1995: 


Environmental Information 



Papers (per Regulation): 21 Feb, 196. 

Environmental Protection Act 

1990: 


Equality Bill: 

JCHR Report, 23 Mar, 360. 

EU Development Aid (EUC Report): 


20 Jan, 123. 

EU Security Strategy (EUC 

Report): 

Motion to take note, agreed to, 20 Jan, 123. 

Eurofighter Programme: 

Unstarred question, 13 Jan, 105.



2004–05 

European Communities Act 1972: 

Papers (per Act): 24 Nov, 8; 25 Nov, 12; 6 

Dec, 37; 8 Dec, 52; 9 Dec, 56; 13 Dec, 60; 

14 Dec, 65; 21 Dec, 85; 10 Jan, 93, 94; 14 

Jan, 108; 17 Jan, 112; 18 Jan, 115; 27 Jan, 

138; 31 Jan, 142; 1 Feb, 146; 3 Feb, 154; 4 

Feb, 159; 7 Feb, 162; 9 Feb, 178; 21 Feb, 

195; 23 Feb, 212; 24 Feb, 217; 28 Feb, 224; 

1 Mar, 233; 3 Mar, 251; 7 Mar, 256; 10 

Mar, 285; 14 Mar, 316; 16 Mar, 331; 17 

Mar, 336; 23 Mar, 359; 24 Mar, 363; 4 Apr, 

372; 5 Apr, 379; 6 Apr, 383; 7 Apr, 395. 

European Communities (Amendment) 

Act 1993 (“Maastricht 

Motions”): 

Motion to take note of Pre-Budget Report 

2004, after debate, agreed to, 16 Dec, 75. 

European Communities (Definition 

of Treaties) (European Police 

Office) Order 2004: 

Draft laid, 24 Nov, 7; after debate approved, 

9 Dec, 57. 

European Communities (Immunities 

and Privileges of the European 

Police Office) (Amendment) 

Order 2004: 

Draft laid, 24 Nov, 7; approved, 9 Dec, 57. 

European Police College 

(Immunities and Privileges) 

Order 2004: 


European Union: 

Papers (by command): 8 Dec, 51; 3 Feb, 154; 

7 Feb, 162; 23 Feb, 211. 

European Union Committee: 

Appointed, 29 Nov, 16; Lord added, 9 Dec, 

56. 

Reports 

1st (Procedural Rights in Criminal 

Proceedings), 18 Jan, 115. 

2nd (Current Developments in European 

Foreign Policy), 7 Feb, 163. 

3rd (Developments in the EU: Evidence from 

the Ambassador of Luxembourg and the 

European Parliament’s Constitutional 

AVairs Committee), 22 Feb, 206. 

4th (Liberalising Rail Freight Movement in 

the EU), 22 Feb, 206. 

5th (After Madrid: the EU’s response to 

terrorism), 22 Feb, 206. 

6th (Future Financing of the EU), 28 Feb, 

224. 

7th (Evidence from the Financial Secretary 

on the proposed reforms of the Stability and 

Growth Pact), 8 Mar, 263. 

8th (Proposal to ban trade in products used 

for capital punishment or torture), 8 Mar, 

263. 

9th (European Defence Agency), 8 Mar, 263. 

10th (The Hague Programme: A Five Year 

Agenda for EU Justice and Home AVairs), 15 

Mar, 321. 

11th (Remaining Government Responses for 

Session 2003-04), 22 Mar, 350. 

12th (European Contract Law - the way 

forward?), 22 Mar, 350. 

13th (Preventing Proliferation of Weapons of 

Mass Destruction: the EU Contribution), 22 

Mar, 350. 

14th (Strengthening National Parliamentary 

Scrutiny of the EU—the Constitution’s 

Subsidiarity Early Warning Mechanism), 5 

Apr, 379. 

15th (Clause 2 of the European Union Bill— 

the Constitution’s passerelle provisions), 5 

Apr, 379. 

16th (Finland’s National Parliamentary 

Scrutiny of the EU), 5 Apr, 379. 

17th (Proposed European Union Integrated 

Action Programme for Life-long Learning), 

5 Apr, 379. 


12th (EU Development Aid in Transition), 

debated, 20 Jan, 123. 

16th (World Trade Organisation: role of the 

EU post-Cancún), debated, 2 Dec, 33. 

27th (Sexual Equality), debated, 2 Dec, 33. 

30th (EU and Climate Change), debated, 23 

Feb, 213. 

31st (EU Security Strategy), debated, 20 

Jan, 123. 

European Union: UK Presidency: 


9 Mar, 279. 

Expenses: 

Motion for resolution, agreed to, 24 Mar, 

364. 

Export Control Act 2002: 

Papers (per Act): 9 Feb, 177; 7 Mar, 255. 

Extradition Act 2003: 


Extradition Act 2003 (Amendment 

to Designations) Order 2005: 


131; approved, 4 Feb, 159.


427 


Extradition Act 2003 (Part 3 

Designation) (Amendment) Order 

2005: 




Extradition to the United States: 


Fair Trading Act 1973: 

Papers (per Act): 12 Jan, 101; 23 Feb, 212. 

Family Law (Northern Ireland) 

Order 1993: 


Finance: 

Papers (by command): 15 Dec, 69; 26 Jan, 

134; 2 Feb, 150; 9 Feb, 177; 6 Apr, 383. 

Finance Act 1973: 


Finance (No. 2) Bill (Finance Act 

2005): 

1a, 6 Apr, 384; 2a, Committee negatived, 3a, 

passed, RA, 7 Apr, 396. 

Financial Provisions (Northern 


Draft laid, 25 Nov, 12; referred to GC, 6 Dec, 

38; GC, 13 Dec, 61; approved, 14 Dec, 65. 


2000: 


Jan, 115; 10 Feb, 182; 10 Mar, 285; 14 

Mar, 317. 


2000 (Carrying on Regulated 

Activities by Way of Business) 



233; approved, 23 Mar, 361. 


2000 (Regulated Activities) 

(Amendment) (No. 2) Order 2004: 


Fire and Rescue Services Act 2004: 

Papers (per Act): 9 Dec, 56; 14 Dec, 65. 

Fire and Rescue Services (National 

Framework) (England) Order 

2004: 

Motion to annul, after debate withdrawn, 24 

Jan, 126. 

Firearms (Amendment) (Northern 


Draft laid, 21 Feb, 196. 

Firearms (Northern Ireland) Order 

2004: 


Fireworks Act 2003: 


Fisheries Act 1981: 


Feb, 224. 

Food Safety Act 1990: 


Dec, 60; 21 Dec, 85; 11 Jan, 97; 1 Mar, 233; 

10 Mar, 284; 21 Mar, 341; 24 Mar, 364; 7 

Apr, 395. 

Food Standards Act 1999: 


Football: 


15 Dec, 71. 

Foreign Affairs: 

Papers (by command): 23 Nov, 3; 23 Feb, 

211; 5 Apr, 378. 

Foreign and Commonwealth Office: 


Freedom of Information Act 2000: 

Papers (per Act): 25 Nov, 12; 29 Nov, 15. 

Freedom of Information (Removal 

and Relaxation of Statutory 

Prohibitions on Disclosure of 

Information) Order 2004: 


Freedom of Information (Time for 

Compliance with Request) 


After debate approved, 9 Dec, 57.



2004–05 

Further and Higher Education Act 

1992: 

Papers (per Act): 1 Feb, 146; 8 Mar, 262; 7 

Apr, 395. 

Gambling Bill: 


debate 2a, committed to CWH, 22 Feb, 

207; DPRRC reports, 23 Feb, 212; 28 Feb, 

224; marshalling order, 1 Mar, 234; CWH 

(div), 10 Mar, 287; CWH, report, Queen’s 

and Prince of Wales’ consent, 3a, passed, 

returned HC with amendments, 6 Apr, 

385; from HC with amendments and reasons, 

agreed to, RA, 7 Apr, 397. 

Gaming Act 1968: 


Gaming (Bingo) Act 1985: 


Gangmasters (Licensing Authority) 



146; Merits report, 8 Feb, 170; after debate 

approved, 2 Mar, 240. 

Gas Act 1986: 


Gender Recognition Act 2004: 


Gender Recognition (Approved 

Countries and Territories) 

Order 2005: 



General and Specialist Medical 

Practice (Education, Training 

and Qualifications) Order 2003: 


Government Finance Act 1988: 


Government of Wales Act 1998: 


Government Resources and 

Accounts Act 2000: 


Government Resources and 

Accounts Act 2000 (Audit of 

Public Bodies) Order 2005: 


170; referred to GC, 10 Feb, 183; GC, 21 

Feb, 198, 203; approved, 22 Feb, 207. 

Grand Committee: 

Bills: see 

Charities Bill [HL]. 

Child Benefit Bill (order of commitment 

discharged). 

Commissioners for Revenue and Customs 

Bill. 

Disability Discrimination Bill [HL]. 

Inquiries Bill [HL]. 

International Organisations Bill [HL]. 


[HL]. 

Railways Bill. 

School Transport Bill. 

Delegated legislation: see 13 Dec, 61; 21 Feb, 

202; 1 Mar, 234; 15 Mar, 322; 22 Mar, 356; 

23 Mar, 360. 

Committee report: see 21 Feb, 202. 

Unstarred Questions: see 1 Mar, 235; 22 Mar, 

356; 23 Mar, 361. 

Unstarred Questions in Grand Committee 


Greater London Authority Act 

1999: 


Mar, 335. 

Guaranteed Minimum Pensions 

Increase Order 2005: 


170; approved, 7 Mar, 257. 

Gulf War Illnesses: 


HBOS Group Reorganisation Bill: 

Petition for Bill, 29 Nov, 16; Examiner’s certificate, 

20 Dec, 78; report, 2 Feb, 151. 

Health: 


16 Dec, 74; 11 Jan, 97; 21 Mar, 340. 

Health and Safety at Work etc. 

Act 1974: 


Mar, 331; 5 Apr, 378; 7 Apr, 395.


429 


Health and Social Care (Community 

Health and Standards) Act 

2003: 

Papers (per Act): 7 Mar, 256; 10 Mar, 284; 23 

Mar, 360. 

Health and Social Care (Community 

Health and Standards) Act 2003 

(Commission for Healthcare 

Audit and Inspection and 

Commission for Social Care 

Inspection) (Transitional and 

Consequential Provisions) Order 

2004: 

Papers (per order): 23 Mar, 360. 

Health Professions Order 2001: 

Papers (per Order): 15 Dec, 70. 

Health Protection Agency Act 

2004: 


Health Service Commissioners Act 

1993: 


Mar, 279. 

Hereditary Peers: 

Register of hereditary peers who wish to 

stand in any by-election for membership of 

the House, 23 Nov, 3. 

See also Membership of the House at back 

of volume. 

Higher Education (Northern 


Draft laid, 8 Feb, 169; referred to GC, 7 Mar, 

256; order of reference discharged, 10 Mar, 

287; amendment moved and agreed to 

(div), after debate order approved, 22 

Mar, 350. 

Highways Act 1980: 


Historic Buildings: 


HIV/Aids: 

Unstarred question, 4 Feb, 159. 

H M Customs and Excise: Heavy 

Goods Vehicles: 


H M Inspector of Prisons: 


Hong Kong: 


Honours System: 


Hospital-Acquired Infections: 


1 Dec, 28. 

House Committee: 

Appointed, 1 Dec, 28 

Reports: none. 


2nd (Security, Freedom of Information), 

agreed to, 2 Dec, 33. 

House of Lords Journals: 

236th volume for 2002-03, with an index, laid 

on table, 3 Feb, 154. 

House of Lords Reform: 


26 Jan, 135. 

Household Waste Recycling Act 

2003: 


Housing: 

Papers (by command): 24 Nov, 7; 24 Jan, 126; 

27 Jan, 138; 31 Jan, 142; 14 Mar, 316; 4 

Apr, 371. 

Housing Act 1988: 


Housing Act 1996: 


Human Rights: 

Papers (by command): 2 Mar, 238; 4 Apr, 

371. 

Human Rights Act 1998: 


Human Rights, Joint Committee on: 

Appointed, 30 Nov, 22 

Reports: 

1st (Protocol No. 14 to the European 

Convention on Human Rights), 1 Dec, 27.



2004–05 

2nd (Draft Criminal Justice Act 2003 

(Categories of OVences) Order 2004), 1 Dec, 

27. 

3rd (Deaths in Custody), 8 Dec, 52. 

4th (Scrutiny of Bills: Progress Report), 12 

Jan, 101. 

5th (Identity Cards Bill), 27 Jan, 138. 

6th (Scrutiny: Second Progress Report), 3 

Feb, 154. 

7th (Scrutiny: Third Progress Report), 9 

Feb, 178. 

8th (Scrutiny: Fourth Progress Report), 23 

Feb, 213. 

9th (Prevention of Terrorism Bill: 

Preliminary report), 23 Feb, 213. 

10th (Prevention of Terrorism Bill), 2 Mar, 

239. 

11th (Government Response to the Third 

Report from the Joint Committee, Deaths in 

Custody), 2 Mar, 239. 

12th (Scrutiny: Fifth Progress Report), 9 

Mar, 279. 

13th (Scrutiny: Sixth Progress Report), 17 

Mar, 336. 

14th (Convention on the Elimination of 

Racial Discrimination), 17 Mar, 336. 

15th (Scrutiny of Bills: Progress Report), 23 

Mar, 360. 

16th (Equality Bill), 23 Mar, 360. 

17th (Review of International Human Rights 

Instruments), 23 Mar, 360. 

18th (Scrutiny: Final Progress Report), 6 

Apr, 384. 

19th (The Work of the Committee in the 

2001-2005 Parliament), 6 Apr, 384. 

Minutes of proceedings for Session 2003-04, 

12 Jan, 101. 

Hybrid Bills: 

See Public Bills. 

Hybrid Instruments: 

See AYrmative Instruments. 

Hybrid Instruments Committee: 


Identity Cards Bill: 

JCHR report, 27 Jan, 138; 1a, explanatory 

notes, 21 Feb, 197; Constitution Committee 

report, 9 Mar, 279; after debate 2a, 

committed to CWH, 21 Mar, 342. 

Immigration: 


Immigration Act 1971: 


Dec, 78; 11 Jan, 97; 7 Feb, 162; 22 Feb, 206; 

17 Mar, 336; 24 Mar, 364. 

Immigration and Asylum: 


23 Feb, 213. 

Immigration and Asylum Act 1999: 

Papers (per Act): 29 Nov, 15; 7 Feb, 162; 23 

Feb, 212; 8 Mar, 262; 10 Mar, 286; 14 Mar, 

317; 16 Mar, 331. 

Immigration and Asylum (Provision 

of Accommodation to Failed 

Asylum-Seekers) Regulations 

2005: 




Immigration (Leave to Enter and 

Remain) (Amendment) Order 

2005: 




Income Tax (Trading and Other 

Income) Bill: (Money): 

DPRRC report, 19 Jan, 119; JC report, 1 

Feb, 146; 1a, 8 Mar, 264; 2a, Committee 

negatived, 3a, passed, 23 Mar, 360; RA, 24 

Mar, 365. 

Industrial Training Levy 

(Construction Board) Order 

2005: 

Draft laid, 16 Dec, 74; withdrawn, 10 Jan, 92; 

second draft laid, 10 Jan, 94; JCSI report, 

18 Jan, 115; referred to GC, 24 Feb, 218; 

GC, 1 Mar, 234; approved, 2 Mar, 240. 

Industrial Training Levy 

(Engineering Construction 

Board) Order 2005: 

Draft laid, 16 Dec, 74; withdrawn, 20 Dec, 

77; second draft laid, 21 Dec, 85; withdrawn, 

10 Jan, 92; third draft laid, 10 Jan, 

94; JCSI report, 18 Jan, 155; withdrawn, 22 

Feb, 205. 

Information and Consultation of 

Employees Regulations 2004: 

Draft laid, 24 Nov, 7; withdrawn, second 

draft laid, 8 Dec, 51; JCSI report, 14 Dec, 

65; after debate approved, 21 Dec, 86.


431 


Information Committee: 

Appointed, 7 Dec, 42; Lord added, 9 Dec, 56. 

Inquiries Bill [HL]: 

1a, explanatory notes, 25 Nov, 12; DPRRC 

report, 8 Dec, 52; after debate 2a, committed 

to GC, 9 Dec, 57; marshalling order, 13 

Dec, 61; Constitution Committee report, 

15 Dec, 70; GC, 18 Jan, 116; GC, 19 Jan, 

119, 120; marshalling order, 2 Feb, 151; 

report, 7 Feb, 165; report (div), 8 Feb, 171; 

3a (2 divs), passed, sent HC, 28 Feb, 225; 

from HC with amendments, 6 Apr, 385; 

LCCA (2 divs), 7 Apr, 396; RA, 7 Apr, 397. 

Insolvency Act 1986: 

Papers (per Act): 29 Nov, 15; 8 Mar, 263. 

Insolvency (Northern Ireland) 

Order 2005: 


Institute of Trade Mark Attorneys 

Order 2004: 


Intelligence Services: 

Papers (by command): 10 Mar, 283; 23 Mar, 

359; 7 Apr, 395. 

International Criminal Court Act 

2001: 


International Criminal Court 

(Immunities and Privileges) 

Order 2004: 


International Development: 


101. 

International Organisations Bill 

[HL]: 

Iraq: 



to GC, 16 Dec, 75; GC, 11 Jan, 97, 98; 

report (div), 7 Feb, 165; 3a, after debate 

passed, sent HC, 28 Feb, 225; from HC 

agreed to, RA, 7 Apr, 397. 


16 Mar, 332. 

Judicature (Northern Ireland) Act 

1978: 

Papers (per Act): 10 Mar, 286; 23 Mar, 359; 

24 Mar, 364. 

Justice (Northern Ireland) Act 

2002: 

Papers (per Act): 16 Mar, 331; 5 Apr, 379. 

Kent County Council Act 2001: 

Law: 



Law Commission: 

Papers (by command): 14 Dec, 64; 23 Feb, 

211. 

Law Commission Act 1965: 


Law Reform (Miscellaneous 

Provisions) (Northern Ireland) 

Order 2005: 


Learning and Skills Act 2000: 


Leave of Absence: 


volume. 

Legal Aid Act 1988: 


Legal Aid, Advice and Assistance 


Papers (per Order): 13 Dec, 60; 8 Mar, 263. 

Legal Services: 


Liaison Committee: 


Licensing Act 2003: 

Papers (per Act): 13 Jan, 105; 20 Jan, 122; 22 

Feb, 206. 

Licensing Act 2003 (Fees) 


Motion to annul, after debate withdrawn, 24 

Feb, 218.



2004–05 

Liverpool City Council (Prohibition 

of Smoking in Places of Work) 

Bill [HL]: 

Petition for Bill, 29 Nov, 16; Examiners’ certificate, 

20 Dec, 78; 1a, 24 Jan, 126; report, 

27 Jan, 139; petitions, 7 Feb, 163. 

Local Authorities (Contracting 

out of Bid Levy Billing, 

Collection and Enforcement 

Functions) Order 2004: 


97; after debate, approved, 27 Jan, 139. 

Local Authorities’ Plans and 

Strategies (Disapplication) 

(England) Order 2005: 

Draft laid, 9 Dec, 55; JCSI report, 14 Dec, 65; 

withdrawn, 10 Jan, 92; second draft laid, 

10 Jan, 93; JCSI report, 11 Jan, 97; after 

debate, approved, 27 Jan, 139. 

Local Government Act 1972: 








Mar, 341. 

Local Government Finance Act 

1988: 


Dec, 65; 10 Jan, 93; 10 Mar, 285. 

Local Government Finance Act 

1992: 


Local Government (Miscellaneous 

Provisions) (Northern Ireland) 

Order 2002: 

Papers (per Order): 22 Mar, 349. 

Local Government (Northern 


Draft laid, 2 Mar, 238. 

London Local Authorities and 

Transport for London Bill: 


20 Dec, 78. 

London Local Authorities Bill 

[HL]: 





(Prohibition of Smoking in Places 

of Work) Bill [HL]: 




Lords: 


volume. 

Lotteries and Amusements Act 1976: 


Low-Tax Economy: 


12 Jan, 102. 

Magistrates’ Courts Act 1980: 


Mar, 239; 10 Mar, 285. 

Management of Offenders and 

Sentencing Bill [HL]: 

1a, explanatory notes, 12 Jan, 102; DPRRC 

report, 2 Feb, 150. 

Marine and Aviation (War Risks) 

Act 1952: 

Papers (per Act): 28 Feb, 224.


433 


Marine Environment: 


Marriages (Ireland) Act 1844: 

Papers (per Act) withdrawn, 25 Nov, 12. 

Marshall Aid: 


Mathematics Teaching: 


19 Jan, 119. 

Matrimonial and Family 

Proceedings Act 1984: 


Mar, 239; 10 Mar, 285. 

Mechanically-Propelled Vehicles: 


Media: 


Medical Act 1983: 


Medicines Act 1968: 


Medicines Act 1971: 


Members of the House: 

List prepared by the Clerk of the Parliaments 

printed, 23 Nov, 2 

See also Membership of the House at back 

of volume. 

Mental Capacity Bill: 

1a, explanatory notes, 15 Dec, 70; after 

debate 2a, committed to CWH, 10 Jan, 94; 

marshalling order, 12 Jan, 102; DPRRC 

reports, 19 Jan, 119; 21 Feb, 197; CWH, 25 

Jan, 131; CWH, 27 Jan, 139; CWH, 1 Feb, 

147; CWH, 8 Feb, 171; marshalling order, 

22 Feb, 207; DPRRC report, 9 Mar, 279; 

marshalling order, 10 Mar, 287; report, 15 

Mar, 323; report, 17 Mar, 336; DPRRC 

report, 21 Mar, 341; 3a (div), passed, returned 

HC with amendments, 24 Mar, 365; 

from HC agreed to, 5 Apr, 380; RA, 7 

Apr, 397. 

Mental Health Act 1983: 


Mental Health Bill, Draft: 

Joint Committee appointed, 29 Nov, 17; message 

of concurrence from HC, 30 Nov, 23; 


Merchant Shipping Act 1995: 


Merits of Statutory Instruments 

Committee: 


Reports 

1st, 7 Dec, 42. 

2nd, 14 Dec, 65. 

3rd, 21 Dec, 85. 

4th, 11 Jan, 97. 

5th, 18 Jan, 115. 

6th, 18 Jan, 115. 

7th, 25 Jan, 130. 

8th, 1 Feb, 146. 

9th, 8 Feb, 170. 

10th, 22 Feb, 206. 

11th, 1 Mar, 233. 

12th, 8 Mar, 263. 

13th, 8 Mar, 263. 

14th, 15 Mar, 321. 

15th, 22 Mar, 349. 

16th, 5 Apr, 379. 

17th, 5 Apr, 379. 

Midland Metro (Wednesbury to 

Brierley Hill and Miscellaneous 

Amendments) Order 2005: 

Special procedure order laid, 8 Feb, 170; 


Ministers of the Crown Act 1975: 


Misuse of Drugs Act 1971: 


Monetary and Fiscal Policy 

(Economic Affairs Committee 

Report): 

Debate in GC, 21 Feb, 198, 202. 

Motions: 

I. To take note. 

II. For papers. 

III. For annulment. 

IV. Other. 

See also Amendments to Motions.



2004–05 

I. To take note: 

Motions marked * were debated in the Chamber 

on a day other than the general debate day 

or Friday. Motions marked ! were taken in 


See 

Climate Change (EUC Report). 

*Defence. 

*EU Development Aid (EUC Report). 

*EU Security Strategy (EUC Report). 

!Monetary and Fiscal Policy (Economic 

Affairs Committee Report) (3hr). 

*Northern Ireland. 

*Science and Treaties (S&T Report) (2hr). 

*Sexual Equality (EUC Report). 

*Regulatory State (Constitution 

Committee Report). 

*World Trade Organization (EUC 

Report). 

II. For papers: 

Motions marked * were debated on a day other 

than the general debate day or Friday 

See 

Children in Care (Ballot). 

Crime Prevention (4hr). 

Education: Tomlinson Report (2° hr). 

Electricity Supply (Ballot). 

European Union: UK Presidency 

(Ballot). 

Football (Ballot). 

Hospital-Acquired Infections (2° hr). 

House of Lords Reform (3° hr). 

Immigration and Asylum (3° hr). 

Iraq (2° hr). 

Low-Tax Economy (5hr). 

Mathematics Teaching (Ballot). 

Official Statistics (1° hr). 

Parents and Children (2hr). 

Parliament: Public Engagement 

(Ballot). 

Planning Policies (2° hr). 

Poverty in Developing Countries (3hr). 

Radioactive Waste Management (S&T 

Report) (2hr). 

Regional Agencies and Bodies (2° hr). 

Schools: Pupil Behaviour (2° hr). 

Turkey and the European Union 

(Ballot). 

United Nations Reform and Conflict in 

Africa (4hr). 

Zimbabwe (Ballot). 

III. For annulment: 

See 

Fire and Rescue Services (National 

Framework) (England) Order 2004. 

Licensing Act 2003 (Fees) Regulations 

2005. 

IV. Other: 

See 

Business of the House. 

Common Agricultural Policy Single 

Payment Scheme (Set-Aside) (England) 

Regulations 2004 (motion to revoke). 

European Communities (Amendment) Act 

1993 (“Maastricht Motions”). 

Expenses (motion for resolution). 

Prevention of Terrorism Bill (motion to 

resume House). 

Queen’s Speech. 

South-West Territorial Waters 

(Prohibition of Pair Trawling) Order 

2004 (motion to revoke). 

Motor Vehicles (Wearing of Seat 

Belts) (Amendment) Regulations 

2005: 


Museums and Galleries Act 1992: 


National Assistance Act 1948: 


National Health Service Act 1977: 

Papers (per Act): 13 Dec, 61; 10 Jan, 93, 94; 

11 Jan, 97; 12 Jan, 101; 8 Mar, 262; 9 Mar, 

278; 10 Mar, 283-4; 21 Mar, 341; 24 Mar, 

363; 4 Apr, 372; 7 Apr, 395. 

National Heritage Act 1983: 


National Loans Act 1968: 


National Lottery Act 1998: 


National Lottery etc. Act 1993: 

Papers (per Act): 24 Nov, 8; 25 Nov, 12; 6 

Dec, 37; 9 Dec, 56; 13 Dec, 61; 21 Dec, 85; 

17 Jan, 112; 23 Feb, 212; 8 Mar, 263; 10 

Mar, 286.


435 


National Statistics: 


Nationality, Immigration and 

Asylum Act 2002: 

Papers (per Act): 8 Feb, 169; 10 Mar, 285, 

286; 14 Mar, 316; 4 Apr, 372. 

Nato: 


Natural Environment and Rural 

Communities Bill, Draft: 

Presented, 10 Feb, 182. 

Naval and Marine Pay and Pensions 

Act 1865: 


Apr, 396. 

Negative Instruments: 

Laying is indexed under enabling Act. See 

Motions for annulment and Motions, 

Other. 

New Opportunities Fund 

(Specification of Initiative) 

Order 2005: 





Amounts) (England) 

(Amendment) Regulations 2005: 




Amounts) (England) 


Draft laid, 2 Dec, 32; Merits report, JCSI 

report, 7 Dec, 42; after debate approved, 9 

Dec, 57. 

Norfolk and Suffolk Broads Act 

1988: 


North/South Co-Operation 

(Implementation Bodies) 


Papers (per Order): 16 Dec, 74. 

Northern Ireland: 


31 Jan, 143. 

Northern Ireland Act 1998: 


Northern Ireland Act 2000: 


Dec, 32; 13 Dec, 61; 15 Dec, 70; 16 Dec, 74; 

13 Jan, 105; 24 Jan, 126; 3 Feb, 154; 7 Feb, 

162; 21 Feb, 196; 2 Mar, 239; 9 Mar, 279; 

10 Mar, 286; 15 Mar, 321; 16 Mar, 331. 

Northern Ireland Act 2000 

(Modification) Order 2005: 



Northern Ireland Arms 

Decommissioning Act 1997 

(Amnesty Period) Order 2005: 



Northern Ireland (Monitoring 

Commission etc.) Act 2003: 


Northern Ireland (Sentences) Act 

1998 (Specified Organisations) 

Order 2004: 

Notification of coming into force before 

being laid, 24 Nov, 8; after debate approved, 

11 Jan, 97. 

Nuclear Energy: 

Papers (by command): 18 Jan, 115; 23 Mar, 

359. 

Nursing and Midwifery Order 2001: 



(Levies) Regulations 2005: 

Draft laid, 2 Feb, 150; withdrawn, 7 Feb, 162; 

second draft laid, 9 Feb, 177; JCSI report, 

22 Feb, 206; referred to GC, 24 Feb, 218; 

GC, 1 Mar, 234, 235; approved, 2 Mar, 

240. 


(Modification of Pension 

Protection Provisions) 





Official Statistics: 


23 Feb, 213.



2004–05 

Offshore Petroleum Activities (Oil 

Pollution Prevention and 

Control) Regulations 2005: 

Draft laid, 10 Feb, 182; withdrawn, 17 Mar, 

335; second draft laid, 17 Mar, 335; JCSI 


Older People: 


Open-Ended Investment Companies 




Opticians Act 1989 (Amendment) 

Order 2005: 



Parents and Children: 


2 Feb, 151. 

Parliament: 

Opened by the Queen, 23 Nov, 2. 

Prorogued, 7 Apr, 397. 

Dissolved by proclamation, 11 Apr, 400. 

Judicial Sittings during Dissolution authorised, 

13 Apr, 401. 

Parliament: Public Engagement: 


9 Feb, 178. 

Parliamentary and Other Pensions 

Act 1972: 


Parliamentary and other Pensions 

Act 1987: 


Parliamentary Broadcasting Unit 

Limited (Parbul): 

Lords named, 7 Dec, 42. 

Parliamentary Commissioner Act 

1967: 


Parliamentary Commissioner 

(Amendment) Bill [HL]: 

1a, 24 Nov, 8; DPRRC report, 8 Dec, 52; 

after debate 2a, committed to CWH, 4 

Feb, 159; order of commitment discharged, 

24 Feb, 218; 3a, passed, sent HC, 3 

Mar, 251. 

Parliamentary Constituencies 

(Scotland) Order 2005: 



Parliamentary Office of Science 

and Technology (Post): 

Lords named, 7 Dec, 42. 

Patents Act 1977: 


Patents Act 2004: 

Pay: 



Pay Review Bodies: 

Papers (by command): 22 Feb, 205; 24 Mar, 

363. 

Peers and Peerages: 


volume. 

Pension Protection Fund (Pension 

Compensation Cap) Order 2005: 




Pension Protection Fund (PPF 

Ombudsman) Order 2005: 




Pension Schemes Act 1993: 

Papers (per Act): 25 Jan, 130; 10 Mar, 286; 14 

Mar, 316; 15 Mar, 321; 16 Mar, 331; 21 

Mar, 341; 23 Mar, 359; 4 Apr, 372. 

Pensions Act 1995: 

Papers (per Act): 23 Nov, 3; 16 Mar, 331.


437 


Pensions Act 2004: 


Mar, 239; 9 Mar, 278; 10 Mar, 284; 15 

Mar, 320; 16 Mar, 330; 21 Mar, 341; 4 Apr, 

372; 6 Apr, 383. 

Pensions Appeal Tribunals Act 1943: 


Apr, 372. 

Pensions Appeal Tribunals (Armed 

Forces and Reserve Forces 

Compensation Scheme) (Rights of 

Appeal) Regulations 2005: 




Pensions (Increase) Act 1971: 


Personal Bills Committee: 


Personal Injuries (Emergency 

Provisions) Act 1939: 


Petroleum: 


“Ping Pong”: 

For “Ping Pong”, ie consideration of Commons 

amendments and/or reasons other 

than initial consideration of Commons 

amendments to Lords bills, see 


Gambling Bill 



Railways Bill 

See also Procedure Committee 1st Report, 10 

Feb, 185. 

Planning and Compulsory Purchase 

Act 2004: 


Planning (Listed Buildings and 

Conservation Areas) Act 1990: 

Papers (per Act): 10 Jan, 93; 4 Apr, 373. 

Planning Policies: 


23 Mar, 360. 

Plant Health Act 1967: 


Feb, 195. 

Pneumoconiosis etc. (Workers’ 

Compensation) (Payment of 

Claims) (Amendment) 




Police: 

Papers (by command): 16 Dec, 74; 22 Feb, 

205; 23 Mar, 359. 

Police Act 1996: 


Jan, 101; 7 Feb, 162; 10 Mar, 285. 

Police Act 1997: 


Police and Criminal Evidence Act 

1984: 


Police (Northern Ireland) Act 2000: 


Mar, 233. 

Police (Northern Ireland) Act 2003: 


Police Reform Act 2002: 



Referendums Act 2000: 



Referendums Act 2000 

(Disapplication of Part IV for 

Northern Ireland Parties, etc) 

Order 2005: 


97; after debate, approved, 31 Jan, 143. 

Pollution Prevention and Control 

Act 1999: 


Poverty in Developing Countries: 


26 Jan, 135.



2004–05 

Practice Directions, Judicial: 

New editions, 7 Apr, 395. 

Prayers Against Negative 

Instruments: 

See Motions for Annulment. 

Pre-Legislative Scrutiny: 

See 

Charities Bill, Draft 

Children (Contact) and Adoption Bill, 

Draft 

Commissioner for Older People (Wales) 

Bill, Draft 

Corporate Manslaughter Bill, Draft 

Criminal Defence Service Bill, Draft 

Mental Health Bill, Draft 

Natural Environment and Rural 

Communities Bill, Draft 

Prevention of Terrorism Act 2005: 

Papers (per Act): 5 Apr, 379; 7 Apr, 396. 

Prevention of Terrorism Bill: 

JCHR report, 23 Feb, 213; DPRRC report, 

28 Feb, 224; 1a, explanatory notes, after 

debate 2a, committed to CWH, 1 Mar, 

234; Constitution Committee report, 2 

Mar, 239; JCHR report, 2 Mar, 239; 

CWH, motion to resume house withdrawn, 

3 Mar, 251, 252; CWH (div), 7 

Mar, 256, 257; report (6 divs); 3a, after 

debate passed, returned HC with 

amendments, 8 Mar, 264; DPRRC report, 

9 Mar, 279; from HC with amendments 

and reasons, 9 Mar, 280; LCCA (4 divs), 

from HC with amendments and reason, 

LCCA (3 divs), from HC with 

amendments, LCCA (3 divs), from HC 

with amendments, LCCA (2 divs), from 

HC with amendments and reason, LCCA 

(1 div), RA, 10 Mar, 287-90. 

Principal Deputy Chairman of 

Committees: 

See Deputy Chairmen of Committees. 

Prison Act 1952: 


Mar, 363. 

Prison Act (Northern Ireland) 

1953: 


Prisons: 

Papers (by command): 16 Mar, 330; 21 

Mar, 340. 

Private Bills: 

Bills printed in italics (no bills) were carried 

over from the previous session. Those marked 

* (all bills) did not receive Royal Assent 

Introduced in the House of Commons, see 

*HBOS Group Reorganisation Bill 

*London Local Authorities and 

Transport for London Bill 

*Whitstable Oyster Fishery Company 

Bill 

Introduced in the House of Lords, see 

*Liverpool City Council (Prohibition of 

Smoking in Places of Work) Bill [HL] 

*London Local Authorities Bill [HL] 

*London Local Authorities (Prohibition 

of Smoking in Places of Work) Bill 

[HL] 

Private Security Industry Act 2001: 


Feb, 212; 7 Apr, 395. 

Private Security Industry Act 2001 

(Amendments to Schedule 2) 

Order 2005: 


131; approved, 4 Feb, 159. 

Privileges, Committee for: 


Probation Board (Northern 


Paper (per Order): 14 Mar, 317. 

Procedure of the House Committee: 


Reports 

1st (Standing Orders; Public Bills: 

Exchanges between the Houses; Time for 

Committee debates; General debate day), 

10 Feb, 182; amendment, after debate, 

disagreed to (div), amendment agreed to, 

report as amended agreed to, 24 Mar, 

365. 

Proceeds of Crime Act 2002: 


Prorogation: 

7 Apr, 397. 

Protection of Children Act 1999: 


Protection of Wrecks Act 1973: 

Papers (per Act): 9 Dec, 56.


439 


Public Administration: 


Public Audit (Wales) Act 2004: 


Public Audit (Wales) Act 2004 

(Relaxation of Restriction on 

Disclosure) Order 2005: 

Draft laid, 4 Feb, 158; withdrawn, second 

draft laid, 9 Feb, 177; JCSI report, 22 Feb, 


Public Bills: 

Bills printed in italics were introduced by Private 

Members. Those marked with an asterisk 

did not receive Royal Assent. Consolidation 

bills (none), hybrid bills and money 

bills are marked as such 

Introduced in the House of Commons, see 

Appropriation Bill (Money) 

Child Benefit Bill 

Clean Neighbourhoods and 

Environment Bill 

Commissioners for Revenue and Customs 

Bill 

Consolidated Fund (Appropriation) Bill 

(Money) 

Consolidated Fund Bill (Money) 

*Consumer Credit Bill 

*Crossrail Bill (Hybrid) 

Drugs Bill 

*Equality Bill 

Finance (No. 2) Bill 

Gambling Bill 

*Identity Cards Bill 

Income Tax (Trading and Other Income) 

Bill (Money) 

Mental Capacity Bill 


Railways Bill 

*Road Safety Bill 

*School Transport Bill 

Serious Organised Crime and Police Bill 

Introduced in the House of Lords, see 

*Assisted Dying for the Terminally Ill 

Bill [HL] 

*Borough Freedom (Family Succession) 

Bill [HL] 

*Charities Bill [HL] 


Disability Discrimination Bill [HL] 

Education Bill [HL] 


Ireland) Bill [HL] 


International Organisations Bill [HL] 

*Management of Offenders and 

Sentencing Bill [HL] 

*Parliamentary Commissioner 

(Amendment) Bill [HL] 


[HL] 

*Registration of Cancer Bill [HL] 

*Renewable Energy Bill [HL] 

*Succession to the Crown Bill [HL] 

*Traffic Wardens and Parking 

Attendants Bill [HL] 

Public Lending Right Act 1979: 


Public Processions (Amendment) 


Draft laid, 22 Feb, 205; referred to GC, 7 

Mar, 256; GC, 15 Mar, 322, 327; approved, 

17 Mar, 336. 

Public Processions (Northern 

Ireland) Act 1998: 


Public Services Ombudsman (Wales) 

Bill [HL]: 



to GC, 16 Dec, 75; marshalling 

order, 20 Dec, 79; GC, 25 Jan, 131; 

marshalling order, 8 Feb, 171; report (div), 

10 Feb, 183; 3a, passed, sent HC, 2 Mar, 

240; from HC agreed to, 6 Apr, 384; RA, 7 

Apr, 397. 

Queen’s Speech: 

At opening of session; reported by L. Chancellor; 

Address thereon moved and 

seconded; debate adjourned, 23 Nov, 2; 

debate resumed; after further debate 

adjourned, 24 Nov, 9; 25 Nov, 13; 29 Nov, 

18; debate resumed; after further debate, 

the motion to present an Humble Address 

to Her Majesty was agreed nemine dissentiente; 

ordered that Address be presented 

by the Lord Chamberlain, 30 Nov, 23; 

HM’s Answer, 2 Dec, 32.



2004–05 

Race Relations Act 1976: 


Radioactive Waste Management 

(S&T Report): 


12 Jan, 102. 

Railways Act 1993: 

Papers (per Act): 4 Apr, 373; 5 Apr, 379. 

Railways and Transport Safety Act 

2003: 


Railways Bill: 


debate 2a, committed to GC, 10 Feb, 183; 

DPRRC report, 23 Feb, 212; marshalling 

order, 24 Feb, 218; GC, 28 Feb, 230; 3 

Mar, 252; 9 Mar, 279, 280; marshalling 

order, 23 Mar, 360; report (div), 4 Apr, 

373; DPRRC report, 3a (2 divs), passed, 

returned HC with amendments, 6 Apr, 

384; from HC with amendments and reasons, 

6 Apr, 385; LCCA, 7 Apr, 396; RA, 

7 Apr, 397. 

Refreshment Committee: 


Reports 

1st (Kitchen refurbishment), 2 Mar, 239. 

Regional Agencies and Bodies: 


1 Dec, 29. 

Registration of Cancer Bill [HL]: 

1a, 15 Mar, 321. 

Registration Service Act 1953: 


Mar, 349. 


(Communications Data) 


Draft laid, 16 Dec, 74; JCSI Report, 18 Jan, 



(Directed Surveillance and 

Covert Human Intelligence 

Sources) (Amendment) Order 

2005: 



Regulatory Reform (Execution of 

Deeds and Documents) Order 

2005: 

Draft laid, 21 Feb, 196; DPRRC report, 9 

Mar, 279. 

Regulatory Reform (Fire Safety) 

Order 2005: 

Draft laid, 21 Feb, 196; withdrawn, 3 Mar, 

251; second draft laid, 7 Mar, 256; 

DPRRC report, 9 Mar, 279; withdrawn, 16 

Mar, 330; third draft laid, 17 Mar, 335; 

DPRRC report, 21 Mar, 341. 

Regulatory Reform (Joint Nature 

Conservation Committee) Order 

2005: 

DPRRC report, 8 Dec, 52; draft laid, 17 Jan, 

112; withdrawn, 18 Jan, 115; second draft 

laid, 24 Jan, 126; DPRRC report, 2 Feb, 


Regulatory Reform (National 

Health Service Charitable and 

Non-Charitable Trust Accounts 

and Audit) Order 2005: 

Draft laid, 9 Feb, 177; DPRRC report, 9 

Mar, 279; after debate approved, 24 Mar, 

365. 

Regulatory Reform (Prison 

Officers) (Industrial Action) 

Order 2005: 

DPRRC reports, 8 Dec, 52; draft laid, 11 Jan, 

97; DPRRC report, 2 Feb, 150; approved, 

1 Mar, 234. 

Regulatory Reform (Registration 

of Births and Deaths) (England 

and Wales) Order 2004: 

DPRRC report, 8 Dec, 52. 

Regulatory Reform (Trading 

Stamps) Order 2005: 

Draft laid, 17 Jan, 112; DPRRC report, 2 

Feb, 150; after debate approved, 16 Mar, 

332. 

Regulatory Reform (Unsolicited 

Goods and Services Act 1971) 

(Directory Entries and Demands 

for Payment) Order 2004: 

After debate, approved, 21 Dec, 86. 

Regulatory State (Constitution 

Committee Report): 

Motion to take note, after debate, agreed to, 

2 Dec, 33.


441 


Religious Attitudes: 


Remand in Custody (Effect of 

Concurrent and Consecutive 

Sentences of Imprisonment) Rules 

2005: 


263. 

Renewable Energy Bill [HL]: 

1a, 25 Nov, 12; after debate 2a, committed to 

CWH, 14 Jan, 109; DPRRC report, 19 Jan, 

119; order of commitment discharged, 31 

Jan, 143; 3a, passed, sent HC, 4 Feb, 159. 

Renewables Obligation Order 2005: 


206; Merits report, 8 Mar, 263; approved, 

9 Mar, 280. 

Representation of the People Act 

1983: 


Representation of the People 

(Variation of Limits of 

Candidates’ Election Expenses) 

(City of London) Order 2005: 

Draft laid, 9 Dec, 55; JCSI report, 14 Dec, 65; 

after debate, approved, 27 Jan, 139. 

Reserve Forces Act 1996: 


Mar, 321; 23 Mar, 359; 4 Apr, 373; 7 

Apr, 396. 

Restriction on the Preparation of 

Adoption Reports Regulations 

2005: 


263. 

Revised Funding Code Prepared by 

the Legal Services Commission: 

Draft laid, 9 Mar, 278; approved, 22 Mar, 

351. 

Road Safety Bill: 

1a, explanatory notes, 9 Mar, 279. 

Road Traffic Act 1988: 


Road Traffic Act 1991: 


Jan, 142; 2 Feb, 150; 7 Feb, 162; 10 Feb, 

182; 28 Feb, 224; 7 Mar, 255; 8 Mar, 262; 

21 Mar, 341. 

Road Traffic (NHS Charges) Act 

1999: 


Road Traffic Regulation Act 1984: 


Royal Assent: 

By Commission 

7 Apr (14 Acts), 397. 

By notification 

16 Dec (1 Act), 75; 24 Feb (1 Act), 218; 10 

Mar (1 Act), 290; 17 Mar (1 Act), 336; 24 

Mar (3 Acts, 3 Measures), 365. 

Saint Helena Act 1833: 


School Inspections Act 1996: 


School Standards and Framework 

Act 1998: 


Dec, 61; 20 Dec, 78; 10 Jan, 93, 94; 12 Jan, 

101; 14 Jan, 108; 24 Jan, 126; 21 Feb, 197; 

23 Feb, 212; 28 Feb, 224; 7 Mar, 255; 10 

Mar, 285; 4 Apr, 373. 

School Teachers’ Pay and 

Conditions Act 1991: 


School Transport Bill: 

1a, explanatory notes, 20 Dec, 79; after 

debate 2a, committed to GC, 31 Jan, 143; 

DPRRC report, 2 Feb, 150; GC, 7 Mar, 

259; 10 Mar, 288, 313. 

Schools: Pupil Behaviour: 


23 Mar, 360. 

Science and Technology Committee: 


Reports 

1st (Science and Treaties: follow-up), 20 

Jan, 123. 

2nd (Radioactive Waste Management: 

Government response), 21 Mar, 341.



2004–05 


3rd (Science and Treaties), debated, 3 Feb, 

155. 

5th (Radioactive Waste Management), 

debated, 12 Jan, 102. 

Science and Treaties (S&T Report): 


3 Feb, 155. 

Scotland Act 1998 (Modifications 

of Schedule 5) Order 2005: 

Draft laid, 9 Dec, 55; JCSI report, 11 Jan, 97; 

after debate approved, 9 Feb, 178. 

Scotland Act 1998 (Modifications 

of Schedule 5) (No. 2) Order 

2005: 



Scotland Act 1998 (River Tweed) 

Order 2005: 

Draft laid, 9 Dec, 55; withdrawn, 12 Jan, 101. 

Scotland Act 1998 (Transfer of 

Functions to the Scottish 

Ministers etc.) Order 2005: 

Draft laid, 9 Dec, 55; withdrawn, 12 Jan, 101; 

second draft laid, 18 Jan, 115; JCSI report, 

25 Jan, 131; approved, 9 Feb, 179. 

Sea Fish (Conservation) Act 1967: 

Papers (per Act): 10 Jan, 93; 14 Jan, 108. 

Security: 


Select Vestries Bill: 

Presented; pro forma 1a, 23 Nov, 2. 

Selection, Committee of: 


Reports 

1st, 25 Nov, 12. 

Sentenced Persons: 


Serious Organised Crime and Police 

Bill: 

1a, explanatory notes, 8 Feb, 170; Constitution 

Committee report, 2 Mar, 239; after 

debate 2a, committed to CWH, 14 Mar, 

317; marshalling order, 15 Mar, 321; 

DPRRC report, 21 Mar, 341; CWH, 5 

Apr, 380; DPRRC report, 6 Apr, 384; 

report (2 divs), 3a, passed, returned HC 

with amendments, 6 Apr, 384; from HC 

agreed to, 7 Apr, 396; RA, 7 Apr, 397. 

Service Weapons: 


Severn Bridges Act 1992: 


Sexual Equality (EUC Report): 


2 Dec, 33. 

Sexual Offences Act 2003: 


Social Security: 

Papers (by command): 1 Feb, 146; 2 Feb, 150; 

14 Mar, 316. 

Social Security Act 1980: 





Papers (per Act): 4 Feb, 158; 21 Feb, 196. 

Social Security Administration Act 

1992: 


Jan, 112; 10 Feb, 182; 21 Feb, 195, 196; 28 

Feb, 224; 10 Mar, 284; 21 Mar, 341; 4 

Apr, 372. 

Social Security Administration 

(Northern Ireland) Act 1992: 


Social Security Benefits Up-Rating 

Order 2005: 



Social Security, Child Support and 

Tax Credits (Decisions and 

Appeals) Amendment 


Approved, 16 Dec, 75. 


(Procedure) (Amendment) 



233; approved, 17 Mar, 336.


443 



(Procedure) (Child Trust Funds) 



206; approved, 23 Mar, 361. 

Social Security Contributions and 

Benefits Act 1992: 


Feb, 195, 196; 23 Feb, 212; 10 Mar, 284; 16 

Mar, 331; 17 Mar, 336; 21 Mar, 341; 23 

Mar, 359; 24 Mar, 363; 4 Apr, 373. 

Social Security (Contributions) (Re- 

Rating and National Insurance 

Funds Payments) Order 2005: 



Social Security (Inherited SERPS) 





Period 50 to 59 Pilot) (No. 2) 



170; approved, 28 Feb, 225. 


Period 50 to 59 Pilot) 




Social Security (Miscellaneous 

Provisions) Act 1977: 


Social Security (Northern Ireland) 

Order 1998: 


Social Security Pensions Act 1975: 


South-West Territorial Waters 

(Prohibition of Pair Trawling) 

Order 2004: 

Motion to revoke, after debate withdrawn, 2 

Mar, 240. 

Special Educational Needs and 

Disability (Northern Ireland) 

Order 2005: 

Draft laid, 9 Feb, 177; after debate approved, 

2 Mar, 240. 

Special Immigration Appeals 

Commission (Procedure) 

(Amendment) Rules 2005: 


170; withdrawn, 24 Feb, 217. 

Special Procedure Orders: 

See 

Midland Metro (Wednesbury to 

Brierley Hill and Miscellaneous 

Amendments) Order 2005 

Standards in Public Life: 


119. 

Standing Orders (Private Bills) 

Committee: 


Standing Orders (Private Business): 

Amended, 4 Apr, 373. 

Standing Orders (Public Business): 

Amended: 5 Apr, 379. 

See also Business of the House 

Statutory Instruments: 

Notification that statutory instruments had 

come into operation before being laid 

before Parliament: 24 Nov, 8; 23 Feb, 212; 

16 Mar, 331. 

Statutory Instruments Joint 

Committee: 

Appointed, 7 Dec, 42; Lord added, 9 Dec, 56. 

Reports 

1st, 30 Nov, 21 

2nd, 7 Dec, 42 

3rd, 14 Dec, 65 

4th, 11 Jan, 97 

5th, 18 Jan, 115 

6th, 25 Jan, 131 

7th, 1 Feb, 146 

8th, 8 Feb, 170 

9th, 22 Feb, 206 

10th, 1 Mar, 233 

11th, 8 Mar, 263 

12th, 15 Mar, 321 

13th, 22 Mar, 350 

14th, 5 Apr, 379



2004–05 

Minutes of Proceedings 2003-04 printed: 13 

Dec, 61 

Minutes of Proceedings 2004-05 printed: 7 

Apr, 396 

Stipends (Cessation of Special 

Payments) Measure: 



22 Mar, 350; RA, 24 Mar, 365. 

Stoppages in Streets: 

Order to prevent stoppages in streets renewed, 

23 Nov, 3. 

Succession to the Crown Bill [HL]: 

1a, 8 Dec, 52; DPRRC report, 15 Dec, 70; 

Queen’s consent; motion for 2a after 

debate withdrawn, bill withdrawn, 14 

Jan, 109. 

Suitability of Adopters Regulations 

2005: 


263. 

Superannuation Act 1972: 


Supreme Court Act 1981: 


Tax Credits Act 2002: 


Mar, 336. 

Tax Credits Up-Rating Regulations 

2005: 



Tax Law Rewrite Bills Joint 

Committee: 


Reports 

1st (Income Tax (Trading and Other 

Income) Bill), 1 Feb, 146. 

Taxes Management Act 1970: 


Teaching and Higher Education 

Act 1998: 

Papers (per Act): 17 Jan, 112; 26 Jan, 134. 

Terrorism Act 2000: 


Terrorism Act 2000 (Continuance of 

Part VII) Order 2005: 



Town and Country Planning Act 

1990: 


Feb, 182; 3 Mar, 251; 9 Mar, 278. 

Town and Country Planning (Fees 

for Applications and Deemed 

Applications) (Amendment) 

(England) Regulations 2005: 


206; Merits report, 1 Mar, 233; after debate 

approved, 9 Mar, 279. 

Trade Marks Act 1994: 


Trade Union and Labour Relations 

(Consolidation) Act 1992: 


Trading Funds Act 1973: 


Traffic Management Act 2004: 


Traffic Wardens and Parking 

Attendants Bill [HL]: 

1a, 18 Jan, 116; DPRRC report, 2 Feb, 150; 

after debate 2a, committed to CWH, 2 

Feb, 151. 

Transport: 


Transport Act 2000: 


Treaty Series: 


Trunk Road Charging Schemes 

(Bridges and Tunnels) (Keeping 

of Accounts) (England) 


Papers (per Regulations): 24 Mar, 364. 

Turkey and the European Union: 


15 Dec, 71.


445 


Unauthorised Encampments 



United Nations: 



United Nations Act 1946: 


United Nations Reform and 

Conflict in Africa: 


2 Feb, 151. 

United Nations: Rights of the Child 

Report 2002: 


Universities of Oxford and 

Cambridge Act 1923: 


Mar, 341. 

Unstarred Questions: 

Those marked * were debated in a lunch or dinner 

break. Those marked ! were debated in 


See 

*A27 

!Bovine Tuberculosis 

Caribbean Banana Growers 

Criminal Trials 

Critical National Infrastructure 

*Eurofighter Programme 

Extradition to the United States 

Gulf War Illnesses 

HIV/AIDS 

!H M Customs and Excise: Heavy Goods 

Vehicles 

H M Inspector of Prisons 

Marine Environment 

Mechanically-Propelled Vehicles 

Religious Attitudes 

*United Nations 

!United Nations: Rights of the Child 

Report 2002 

Vaccination Programme 

!World Conference on Women 

Unstarred Questions in Grand Committee 


Utilities Act 2000: 


Vaccination Programmme: 


Waste and Emissions Trading Act 

2003: 


Water Fluoridation (Consultation) 

(England) Regulations 2005: 



Water Industry Act 1991: 


Feb, 182; 7 Mar, 256. 

Water Supply (Fluoridation 

Indemnities) (England) 




Welfare Reform and Pensions Act 

1999: 


Welsh Language Act 1993: 


West Northamptonshire 

Development Corporation (Area 

and Constitution) Order 2004: 

After debate, approved, 9 Dec, 57. 

Whitstable Oyster Fishery Company 

Bill: 


20 Dec, 78. 

Works of Art: 

Papers (by command): 24 Nov, 7; 16 Dec, 74. 

Works of Art Committee: 


World Conference on Women: 

Unstarred question in GC, 22 Mar, 356.



2004–05 

World Trade Organization (EUC 

Report): 


2 Dec, 33. 

Zimbabwe (Balloted Debate): 


9 Mar, 279.

2004–05 JUDICIAL INDEX 

447 

J U D I C I A L 

I N D E X 

7 Strathray Gardens Limited 

(Petitioners) v. Pointstar 

Shipping & Finance Limited and 

Others (Respondents): 

Petition for leave to appeal referred to 

Appeal Committee, 18 Jan, 114; report, 24 

Feb, 217 

A and others (Appellants) (FC) and 

Others v. Secretary of State for 

The Home Department 

(Respondent): 


Appeal Committee; public funding certificate, 

13 Dec, 59; report, 9 Feb, 177; appeal 

presented, 23 Feb, 211; petition that 

appeals be conjoined; ordered as prayed, 6 

Apr, 383 

For further proceedings see 

A and Others (Appellants) v. Secretary 

of State for the Home Department 

(Respondent)(2004) 

A and Others (Appellants) (FC) and 

Others v. Secretary of State for the 

Home Department (Respondent) 

(Conjoined Appeals) 

A and Others (Appellants) v. 

Secretary of State for The Home 

Department (Respondent)(2004): 

Report, 9 Feb, 177; appeal presented, 23 Feb, 

211; petition for leave to intervene referred 

to Appeal Committee, 15 Mar, 320; petition 

that appeals be conjoined; ordered as 

prayed, 6 Apr, 383; report, 18 Apr, 403 

For further proceedings see next entry 

A and Others (Appellants) v. 

Secretary of State for the Home 

Department (Respondent) (2004): 

A and Others (Appellants) (FC) and 

Others v. Secretary of State for 

the Home Department 

(Respondent): 

(conjoined appeals) 

Extension of time, 7 Apr, 394; 

A (FC) and Others (Appellants) v. 


Department (Respondent): 

Judgment, 16 Dec, 73 

Abumujor (Petitioner) v. Kingston 

University (Respondents): 



Mar, 262 

AE (FC) and Another (Appellants) 

v. Secretary of State for the 

Home Department (Respondent): 

Petition for leave to intervene referred to 

Appeal Committee, 29 Nov, 15; report, 1 

Dec, 26 

Agassi (Respondent) v. Robinson 

(Her Majesty’s Inspector of 

Taxes) (Petitioner): 


Appeal Committee, 7 Feb, 161; report, 10 

May, 412 

Ahmad (Petitioner) v. Her Majesty’s 

Commissioners of Inland Revenue 

(Respondents): 

Petition for leave to appeal out of time referred 

to Appeal Committee, 24 Feb, 215 

Akumah (FC) (Appellant) v. London 

Borough of Hackney 


Judgment, 3 Mar, 251 

Al Fayed (Petitioner) and Another 

and Others (Petitioners) v. 

Commissioner of Police of the 

Metropolis and Others 




Apr, 395 

Ali (FC) (Respondent) v. 

Headteacher and Governors of 

Lord Grey School (Appellants): 

Extensions of time, 13 Dec, 60; 25 Jan, 130; 

21 Mar, 340; extension of time referred to 

Appeal Committee, public funding certificate, 

9 Mar, 278; extension granted, 21 

Mar, 340; set down for hearing and referred 

to Appellate Committee, 13 Apr, 401

448 JUDICIAL INDEX 

2004–05 

AMEC Civil Engineering Limited 

(Petitioners) v. Secretary of 

State For Transport 

(Respondent): 


Appeal Committee, 18 Apr, 403 

Autologic Holdings Plc and Others 

(Respondents) v. Her Majesty’s 


(Appellants): 


petition that appeal be conjoined, ordered 

as prayed, 10 Feb, 181 





(Appellants): 

BNP Paribas UK Holdings Limited 

and Others (Respondents) v. Her 

Majesty’s Commissioners of 

Inland Revenue (Appellants): 

The Future Network Plc and 

Others (Respondents) v. Her 



Perkins Engines Company Limited 




HJ Heinz Company Inc and Others 



(Appellants): 

British Telecommunications Plc and 





Extension of time, 24 Feb, 216; set down for 

hearing and referred to Appellate 

Committee, 4 Apr, 370 

Ayliffe and Others (Petitioners) v. 

Director of Public Prosecutions 

(Respondent): 

Petition for leave to appeal in accordance 

with the Criminal Appeal Act 1968 referred 

to Appeal Committee, 5 May, 410 

Bailey and Others (Respondents) v. 

Home Office (Petitioners): 



Barclays Mercantile Business 

Finance Limited (Respondents) v. 

Mawson (Her Majesty’s 

Inspector of Taxes) (Appellant): 

Judgment, 25 Nov, 11 

Barker (Respondent) v. Saint 

Gobain Pipelines Plc 

(Appellants) 

Murray (Widow and Executrix of 

the Estate of John Lawrence 

Murray (Deceased)) 

(Respondent) v. British 

Shipbuilders (Hydrodynamics) 

Limited (Appellants) and Others 

and Others (Appellants) 

Patterson (Son and Executor of the 

Estate of J Patterson (Deceased)) 

(Respondent) v. Smiths Dock 

Limited (Appellants) and Others 


Extension of time, 6 Dec, 36; set down for 


Committee, 17 Jan, 111 

Beynon and Partners (Respondents) 

v. Her Majesty’s Commissioners 

of Customs and Excise 

(Appellants): 


Bhamjee (Petitioner) v. Forsdick and 

Others (Respondents) and One 

Other Action: 


to Appeal Committee, 22 Feb, 205 

Bhamjee (Petitioner) v. Secretary of 

State for The Environment, 

Transport and the Regions and 



to Appeal Committee, 14 Mar, 315


449 

Birmingham City Council 

(Respondents) v. Doherty (FC) 

(Petitioner) and Others: 


with the Administration of Justice Act 

1969 referred to Appeal Committee, public 

funding certificate, 31 Jan, 142 

Blackburn Chemicals Limited 

(Petitioners) v. Bim Kemi AB 



Appeal Committee, 8 Dec, 51; report, 10 

Feb, 181 

BNP Paribas UK Holdings Limited 











(Appellants) 

BNP Paribas UK Holdings Limited and 

Others (Respondents) v. Her Majesty’s 


(Appellants) 

The Future Network Plc and Others 



(Appellants) 

Perkins Engines Company Limited and 



(Appellants) 




(Appellants) 




(Appellants) 


Bottomley (Respondent) v. 

Secretary and Members of 

Todmorden Cricket Club 

(Appellants) and Others: 

Petition that appeal be withdrawn on the 

terms agreed between the parties ordered 

as prayed, 23 Mar, 359 












(Appellants) 




(Appellants) 




(Appellants) 




(Appellants) 




(Appellants) 




(Appellants) 


Brooks (FC) (Respondent) v. 

Commissioner of Police for the 

Metropolis (Appellant) and 

Others: 

Judgment, 21 Apr, 406 

Brown (Appellant) v. Scottish 

Ministers (Respondents) 

(Scotland): 

Extensions of time, 24 Nov, 6; 10 Jan, 92; 11 

Jan, 97; 19 Jan, 118; 16 Feb, 192; set down 

for hearing and referred to Appellate Committee, 

2 Mar, 237; petition to vacate hearing 

date and waive security for costs referred 

to Appeal Committee, 7 Apr, 395; 

report, 13 Apr, 402 

Brunt and Others (Petitioners) v. 

Southampton International 

Airport Limited (Respondents): 


Appeal Committee, 7 Mar, 255


2004–05 

Bultitude (Petitioner) v. Law 

Society (Respondents): 



Apr, 404 

Burton (Her Majesty’s Collector of 

Taxes) (Respondent) v. Mellham 

Limited (Appellants): 

Petition to restore appeal (time limited by SO 

V having expired) presented, ordered as 

prayed, 16 Dec, 73; set down for hearing 

and referred to Appellate Committee, 27 

Jan, 138 

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 and the Holmes 

Foundry Division Master Trust 

Fund and the Chrysler Canada 

Limited Supplemental 

Unemployment Benefit Plans) 

and Others (Respondents) v. 

Stolzenberg and Others and 

Others (Petitioners): 

Report, 14 Dec, 64 

Clare (FC) (Petitioner) v. Perry 

(Trading as Widemouth Manor 

Hotel) (Respondent): 



4 Apr, 370 

Clays Lane Housing Co-Operative 

Limited (Petitioners) v. Housing 

Corporation (Respondents): 



Feb, 217 

CMA CGM SA (Original 

Appellants and Cross- 

Respondents) v. Classica 

Shipping Company Limited 

(Original Respondents and 

Cross-Appellants): 

Petition for leave to cross-appeal referred to 


Dec, 74; cross-appeal presented, extension 

of time, 10 Jan, 91; set down for hearing 


Feb, 146 

Codona (FC) (Petitioner) v. Mid 

Bedfordshire District Council 



College of Estate Management 


Commissioners of Customs and 

Excise (Appellants): 

Report, 24 Nov, 7; appeal presented, 8 Dec, 

51; extensions of time, 20 Jan, 122; 1 Mar, 

232; 4 Apr, 371 

Concord Trust (Original 


Respondents) v. Law Debenture 

Trust Corporation Plc 


Cross-Appellants): 

Extension of time, 12 Jan, 101; set down for 

hearing and referred to Appellate Committee, 

19 Jan, 118; judgment, 28 Apr, 408 

Connex South Eastern Limited 

(Petitioners) v. Bangs 

(Respondent): 



May, 410 

Corbett (Petitioner) v. Bond Pearce 

(A Firm) (Respondents): 

Reports, 14 Dec, 64; 17 Jan, 111 

Currey (Petitioner) v. Currey 

(Respondent): 



Mar, 335 

CV Scheepvaartonderneming 

Flintermar (Respondents) v. Sea 

Malta Company Limited 

(Petitioners): 


Appeal Committee, 23 Feb, 211 

Davidson (AP) (Appellant) v. 

Scottish Ministers (Respondents) 

(Scotland): 

Appeal presented, 8 Mar, 262; legal aid certificate, 

7 Apr, 395; extension of time, 18 

Apr, 403


451 

Deep Vein Thrombosis and Air 

Travel Group Litigation (8 

Actions) (Formerly 24 Actions): 

Set down for hearing and referred to Appellate 

Committee, 9 Dec, 55 

Department for Work and Pensions 

(Respondents) v. Webley 

(Petitioner): 



Apr, 405 

Deutsche Morgan Grenfell Group 

Plc (Appellants) v. Her 


Inland Revenue and Another 


Appeal presented, 4 May, 409 

Deutsche Morgan Grenfell Group 

Plc (Respondents) v. Her 


Inland Revenue and Another 



Appeal Committee, 7 Mar, 255 

Dornoch Limited and Others 

(Petitioners) v. Royal and Sun 

Alliance Insurance Plc 




Durant (Petitioner) v. Financial 

Services Authority 



to Appeal Committee, 25 Apr, 406 

Fattal and Another (Petitioners) v. 

John Lyon’s Charity 




Mar, 330 

Fayed and Others (Appellants) v. 

Her Majesty’s Commissioners of 

Inland Revenue (Respondents) 

(Scotland): 

Extension of time, 11 Jan, 96; set down for 


1 Feb, 145 

Feasey (A Representative Lloyd’s 

Underwriter Suing on his own 

behalf and on behalf of all the 

Members of Syndicate 957) 

(Respondent) v. Sun Life 

Assurance Company of Canada 

(Appellants) and Others and 

One Other Action 

Steamship Mutual Underwriting 

Association (Bermuda) Limited 

(Respondents) v. Feasey (A 

Representative Lloyd’s 

Underwriter suing on his own 

behalf and on behalf of all the 

Members of Syndicate 957) 

(Appellant) and one Other 

Action 


Petition that appeals be withdrawn on the 


as prayed, 21 Apr, 405 

Feld (FC) (Petitioner) v. London 

Borough of Barnet 


Report, 24 Jan, 125 

Fengate Developments (A 

Partnership) (Petitioners) v. Her 


Customs and Excise 



to Appeal Committee, 10 Jan, 91 

Fourie (Petitioner) v. Le Roux and 




Freakley and Others (Petitioners) v. 

Centre Reinsurance 

International Company and 

Others (Respondents) and One 

Other Action: 



G (FC) (Petitioner) v. Immigration 

Appeal Tribunal (Respondents): 



4 Apr, 370


2004–05 

Gardner (Appellant) v. Parker 

(Respondent): 



as prayed, 24 Nov, 6 

Gardner (Applicant) v. Her 




Report, 29 Nov, 15 

Gillies (AP) (Appellant) v. 

Secretary of State for Work 

and Pensions (Respondent) 

(Scotland): 


Committee, 29 Nov, 15 

Gottlieb and Another (Petitioners) 

v. Axa General Insurance 

Limited (Respondents): 



Government of Albania 

(Petitioners) v. Bleta and Others 




Gravgaard (Petitioner) v. Aldridge 

& Brownlee (A Firm) 




Apr, 404 

Greenalls Management Limited 



Excise (Appellants): 

Cause fully heard, 13 Apr, 402 

Gregg (FC) (Appellant) v. Scott 

(Respondent): 

Judgment, 27 Jan, 137 

Habib Bank Limited (Petitioners) v. 

Iqbal (Respondent): 


Habib Bank Limited (Respondents) v. 

Liverpool Freeport 

(Electronics) Limited and Others 

and Another (Petitioner) and 

One Other Action: 


Harding (Appellant) v. Wealands 

(Respondent): 

Appeal presented, 14 Mar, 315; security for 

costs waived, 14 Mar, 316; extension of 

time, 25 Apr, 407 

Hare (Petitioner) v. Leeds City 

Council and Others 




Harper (Appellant) v. Virgin Net 




Harris (Petitioner) v. Harris 

(Respondent): 



Mar, 335 

Haward and Others (Respondents) 

v. Fawcetts (A Firm) 


Extension of time, 24 Nov, 6; set down for 


13 Dec, 60 

Her Majesty’s Attorney General 

(Respondent) v. Bhamjee 

(Petitioner): 


to Appeal Committee, payment of fees 

waived, 2 Feb, 149; report, 7 Feb, 162; 



(Respondent) v. Mensah 

(Petitioner): 




(Respondent) v. Pelling 

(Petitioner) (First Petition): 



1960 referred to Appeal Committee, 10 

May, 412


453 


(Respondent) v. Pelling 

(Petitioner) (Second Petition): 




May, 412 



(Respondents) v. Barclays Bank 

Plc (Appellants): 



Mar, 262; appeal presented, 23 Mar, 358; 

security for costs waived, 23 Mar, 359; set 

down for hearing and referred to Appellate 

Committee, 4 May, 409 



(Respondents) v. First Choice 

Holidays Plc (Petitioners): 



Inland Revenue (Appellants) v. 

Scottish Provident Institution 

(Respondents) (Scotland): 


Hilton (Appellant) v. Barker Booth 

and Eastwood (A Firm) 


Judgment, 3 Feb, 154 

Hinchy (Respondent) v. Secretary 

of State for Work and Pensions 

(Appellant): 





(Appellants): 








(Appellants) 




(Appellants) 




(Appellants) 




(Appellants) 




(Appellants) 




(Appellants) 


Hockenjos (Respondent) v. 

Secretary of State For Work 

and Pensions (Petitioner): 


Appeal Committee, 24 Jan, 125 

Horton (Original Appellant and 

Cross-Respondent) v. Sadler and 

Others (Original Respondents 

and Cross-Appellants): 

Extensions of time, 14 Dec, 64; 25 Jan, 130; 8 

Mar, 262; cross-appeal presented, 14 Mar, 

315; set down for hearing and referred to 

Appellate Committee, 25 Apr, 407 

In Re B (FC) (Appellant) (2002): 



Dec, 55; judgment, 10 Mar, 283 

In Re D (A Child Appearing by her 

Guardian Ad Litem) 

(Respondent) (FC): 

Extension of time; public funding certificate, 

24 Nov, 6; extension of time, 10 Jan, 92; set 


Committee, 24 Feb, 216; petition to lodge 

separate case ordered as prayed, 23 Mar, 

359 

In Re Faraj (FC) (Petitioner) 

(Application for a Writ of 

Habeas Corpus): 

Petition for leave to appeal and extension of 

time referred to Appeal Committee, public 

funding certificate, 15 Mar, 320


2004–05 

In Re Hewitson (Petitioner) 





1960 and for extension of time referred to 


In Re J (A Child)(FC): 

Report, 13 Jan, 105; appeal presented, 27 

Jan, 138; public funding certificate, 1 Feb, 

146; extensions of time, 10 Mar, 283; 4 

Apr, 371; set down for hearing and referred 

to Appellate Committee, 5 Apr, 378; petition 

for leave to intervene referred to 

Appeal Committee, 18 Apr, 403; report, 20 

Apr, 405; cause heard in part, 4 May, 410; 

cause fully heard and consideration 

adjourned sine die, 5 May, 410 

In Re Marotta (Petitioner) 


Habeas Corpus) (Northern 

Ireland): 

Extension of time, 9 May, 411 

In Re McClean (Original 

Respondent and Cross- 

Appellant) (On Appeal from the 

Court of Appeal (Northern 

Ireland)) (Northern Ireland): 

Extension of time, 8 Dec, 51; set down for 


18 Jan, 115; petitions for leave to intervene 

referred to Appeal Committee, 2 Feb, 

149; 7 Feb, 161; reports, 8 Feb, 169 

In Re McKerr (AP) (Respondent) 

(Northern Ireland): 

Further order for costs, 4 May, 409 

In Re O (Appellant) (Application 

for a Writ of Habeas Corpus) 

(Criminal Appeal from Her 

Majesty’s High Court of Justice): 


In Re Sinn Fein (Appellants) 

(Northern Ireland): 

Extensions of time, 24 Nov, 6; 12 Jan, 100; 31 

Jan, 142; petition that appeal be withdrawn 

on the terms agreed between the 

parties ordered as prayed, 10 Mar, 283 

In Re W (Children): 


Appeal Committee, 3 Mar, 251; report, 4 

May, 410 

In Re Wellington (Petitioner) 




JD (FC) (Appellant) v. East 

Berkshire Community Health 

NHS Trust and Others 

(Respondents) and Two Other 

Actions (FC): 


J & H Ritchie Limited (Appellants) 

v. Lloyd Limited (Respondents) 

(Scotland): 

Appeal presented, 13 Apr, 401 

JI Macwilliam Company Inc 

(Respondents) v. Mediterranean 

Shipping Company SA 

(Appellants): 


Jackson and Another (Original 


Respondents) v. Royal Bank of 

Scotland (Original Respondents 

and Cross-Appellants): 


Jackson and Others (Appellants) v. 


(Respondent): 



Mar, 278; appeal presented, security for 

costs waived, 23 Mar, 358, 359; petition for 

leave to intervene referred to Appeal Committee, 

5 Apr, 378; report, 13 Apr, 402; 

extension of time, 4 May, 409 

Jafari-Fini (Petitioner) v. Skillglass 

Limited and Others 




Jameel and Others (Respondents) v. 

Wall Street Journal Europe 

SPRL (Petitioners): 



May, 410


455 

Jindal Iron and Steel Co Limited 

and Others (Appellants) and 

Others v. Islamic Solidarity 

Shipping Company Jordan Inc 



Jones (Appellant) v. Ministry of 

Interior Al-Mamlaka Al- 

Arabiya as Saudiya (The 

Kingdom of Saudi Arabia) 


Appeal presented, 1 Feb, 145; security for 

costs waived, 8 Feb, 169; petition that 


Mar, 255 


Jones (Respondent) v. Ministry of 

Interior Al-Mamlaka Al-Arabiya as 

Saudiya (The Kingdom of Saudi 

Arabia) (Appellants) 

Mitchell and Others (Respondents) v. 

Al-Dali and Others and Ministry of 







Arabia) (Respondents) 






(Appellants): 

Appeal presented, 24 Jan, 125; petition that 


Mar, 255 






(Appellants) 

Mitchell and Others (Respondents) 

v. Al-Dali and Others and 

Ministry of Interior Al- 

Mamlaka Al-Arabiya as Saudiya 

(The Kingdom of Saudi Arabia) 

(Appellants) 





(Respondents) 


Extension of time, 15 Mar, 320; set down for 



Jones (Trading as Shamrock 

Coaches) (Petitioner) v. 

Department of Transport Welsh 

Traffic Area (Respondents): 



Kay and Others and Another (FC) 

(Petitioners) v. London Borough 

of Lambeth and Others 




9 Mar, 278 

Kinane (Respondent) v. Mackie- 

Conteh (Petitioner) and Others: 



May, 412 

Kirin-Amgen Inc and Others 

(Appellants) v. Hoechst Marion 

Roussel Limited and Others 


Kirin-Amgen Inc and Others 

(Respondents) v. Hoechst Marion 

Roussel Limited and Others 

(Appellants): 


Further judgment and costs order, 21 Mar, 

339 

Kohanzad (Petitioner) v. Derbyshire 

Police Authority (Respondents): 


Kosky Seal & Co (Respondents) v. 

Mahajan (Applicant): 


Kuwait Airways Corporation 

(Respondents) v. Iraqi Airways 

Company (Petitioners) (2005): 


Appeal Committee, 4 Apr, 370


2004–05 

Land Securities Group Plc 

(Appellants) v. Scottish 

Ministers and Others 

(Respondents) (Scotland): 


Law Society (Respondents) v. 

Sephton & Co (A Firm) 

(Appellants) and Another and 

Others (Appellants): 



Feb, 217; appeal presented, 10 Mar, 283; 

security for costs waived, 16 Mar, 330; 

extension of time, 21 Apr, 405 

Law Society (Original Respondents 

and Cross-Petitioners) v. Sephton 

& Co (A Firm) (Original 

Petitioners and Cross- 

Respondents) and Another and 

Others (Original Petitioners and 

Cross-Respondents): 

Petition for leave to cross-appeal referred to 

Appeal Committee, 9 May, 411 

Leeds City Council (Respondents) v. 

Price and Others and Others 

(FC) (Appellants) (England): 

Appeal presented, public funding certificate, 

25 Apr, 406 

Lesotho Highlands Development 

Authority (Respondents) v. 

Impregilo SPA and Others 

(Appellants): 

Cause heard in part, 9 May, 411; cause fully 

heard and consideration adjourned sine 

die, 10 May, 412 

Lewin (Northamptonshire County 

Council Trading Standards 

Service) (Petitioner) v. Purity 

Soft Drinks Limited 





Jan, 129; report, 7 Apr, 395; report, 4 

May, 409 

Lincoln National Life Insurance 

Company (Petitioners) v. Sun Life 

Assurance Company of Canada 

and Others (Respondents): 



Apr, 404 

London Borough of Enfield 

(Respondents) v. Sivanandan 

(Petitioner): 


to Appeal Committee, 4 May, 409 

London Borough of Islington 

(Respondents) v. Green and 

Another (FC) (Petitioner): 



14 Mar, 315 

London Borough of Newham 

(Respondents) v. Kibata (FC) 

(Petitioner): 


to Appeal Committee; public funding 

certificate, 20 Jan, 122; report, 17 Mar, 335 

London Borough of Tower Hamlets 

(Petitioners) v. Begum 

(Respondent): 



London Borough of Waltham 

Forest (Respondents) v. Omilaju 

(Petitioner): 



Feb, 192 

London Diocesan Fund and Others 

and Others (Respondents) v. 

Avonridge Property Company 

Limited (Appellants): 

Report, 24 Jan, 125; appeal presented, 7 Feb, 


Appellate Committee, 21 Mar, 340 

M (FC) (Petitioner) v. Immigration 

Appeal Tribunal (Respondents): 



4 Apr, 370 

McCarroll (Petitioner) v. Statham 

Gill Davies (a Firm) 



Appeal Committee, 7 Mar, 254


457 

McFarlane (Appellant) v. 

McFarlane (Respondent): 

Appeal presented, 24 Nov, 5; extension of 

time, 10 Jan, 91; set down for hearing and 

referred to Appellate Committee, 24 Feb, 

216 

Madden (Petitioner) v. Preferred 

Technical Group CHA Limited 

and Another (Respondents): 


to Appeal Committee, 30 Nov, 21 

Maguire (Personal Representative 

of the Estate of Teresa Maguire, 

Deceased) (Petitioner) v. 

Harland & Wolff Plc and 




Mahajan (Petitioner) v. Department 

for Constitutional Affairs 



Majrowski (Respondent) v. Guy’s 

and St. Thomas’ NHS Trust 




Massey and Another (Appellants) v. 

Boulden and Another 



14 Mar, 316; 25 Apr, 407 

Matthews and Others (Appellants) 

v. Kent and Medway Towns Fire 

Authority and Others 


Appeal presented, 24 Nov, 6; security for 

costs waived, 9 Dec, 55; extensions of time, 

10 Jan, 92; 9 Feb, 176; set down for hearing 


Mar, 320 

Mayne Pharma PTY Limited and 

Others (Petitioners) v. 

Pharmacia Italia SPA 




Melville (Respondent) v. Home 

Office (Petitioners): 



May, 410 

Mensah (Petitioner) v. Jones 

(Respondent): 



Feb, 181 

MH (By Her Litigation Friend, 

Official Solicitor) (Respondent) 

v. Secretary of State for The 

Department of Health 

(Appellant) and Others: 



Feb, 194; appeal presented, 7 Mar, 254; 

extension of time, 18 Apr, 403 

Midland Mainline Limited and 

Others (Petitioners) v. 

Commercial Union Assurance 

Company Limited and Others and 



Miles (Petitioner) v. Chief 

Constable of Kent (Respondent): 


Appeal Committee, payment of fees waived, 

2 Feb, 149; report, 18 Apr, 403 

Mitchell and Others (Respondents) 

v. Al-Dali and Others and 

Ministry of Interior Al- 

Mamlaka Al-Arabiya as Saudiya 

(The Kingdom of Saudi Arabia) 

(Appellants): 

Appeal presented, 24 Jan, 125; petition that 


Mar, 255 






Mitchell and Others (Respondents) v. 

Al-Dali and Others and Ministry of 



Arabia) (Appellants)


2004–05 




Arabia) (Respondents) 


Moncrieff and Another 

(Respondents) v. Jamieson and 

Others (Appellants) (Scotland): 


Moy v. Pettman Smith (A Firm) 


Cross-Appellants) and Another 

(Original Appellant and Cross- 

Respondent): 


Mukasa (Aka Barker) (Petitioner) v. 




to Appeal Committee, 14 Mar, 315 

Murphy (Petitioner) v. Slough 

Borough Council and Others 




N (FC) (Appellant) v. Secretary of 

State for the Home Department 

(Respondent): 


Committee, 13 Dec, 60; judgment, 5 

May, 411 

N (Kenya) (FC) (Petitioner) v. 





7 Dec, 41; report, 26 Jan, 134 

National Car Parks Limited 

(Petitioners) v. Baird and 

Another (Valuation Officers) 



National Westminster Bank Plc 

(Respondents) v. Spectrum Plus 

Limited and Others and Others 

(Appellants): 

Cause heard in part, 25 Apr, 407; cause 

further heard, 26 Apr, 407; 27 Apr, 407; 

cause fully heard and consideration 

adjourned sine die, 28 Apr, 408 

NCR Limited (Petitioners) v. 

Riverland Portfolio No. 1 




Ntiamoah-Kumah (Petitioners) v. 

Osbournes (A Firm) 




OBG Limited and Others 

(Petitioners) v. Allan and 




O’Brien (Respondent) v. Chief 

Constable of South Wales Police 

(Appellant): 


O’Connell (Petitioner) v. Ipswich 

Crown Court (Respondents): 



O (FC) (Appellant) v. Crown Court 

at Harrow (Respondents) 

(Criminal Appeal From Her 



Office of the King’s Prosecutor, 

Brussels (Respondents) v. Armas 

(Appellant) and Others 



Report, 29 Nov, 15; appeal presented, 14 

Dec, 64; set down for hearing and referred 

to Appellate Committee, 16 Feb, 192


459 

Osmani (FC) (Petitioner) v. London 

Borough of Camden 



to Appeal Committee; public funding 

certificate, 28 Feb, 223 

Oxfordshire County Council 

(Respondents) v. Oxford City 

Council (Respondents) and 

Another (Petitioner) (2005): 




(Respondents) v. Oxford City 

Council (Petitioners) and 

Another (Respondent) (2005): 




(Petitioners) v. Oxford City 

Council and Another 

(Respondents) (2005): 



Percy (AP) (Appellant) v. Church 

of Scotland Board of National 

Mission (Respondents) 

(Scotland): 



Perkins Engines Company Limited 











(Appellants) 




(Appellants) 




(Appellants) 




(Appellants) 




(Appellants) 




(Appellants) 


Pirelli Cable Holding NV and 





Committee, 13 Dec, 59 

Polanski (Appellant) v. Conde Nast 

Publications Limited 



Pour (FC) (Petitioner) v. Lord 

Mayor and Citizens of the City 

of Westminster (Respondents): 


Powerhouse Retail Limited and 

Others (Respondents) v. 

Burroughs and Others 

(Appellants): 


176; security for costs waived, 16 Feb, 192; 

extension of time, 21 Mar, 340; petition for 


7 Apr, 394; report, 18 Apr, 403; set 



Quintavalle (On Behalf of Comment 

on Reproductive Ethics) 

(Appellant) v. Human 

Fertilisation and Embryology 

Authority (Respondents): 

Judgment, 28 Apr, 408


R see also Regina and vice versa 

2004–05 

R (on the Application of Begum (By 

Her Litigation Friend, Rahman)) 

(Respondent) v. Headteacher and 

Governors of Denbigh High 

School (Petitioners): 



R (on the Application of Bhamjee) 

(Petitioner) v. Legal Services 

Ombudsman and Others 




R (on the Application of Bhamjee) 

(Petitioner) v. Secretary of State 

for the Environment, Transport 

and the Regions and Others 




R (on the Application of Bushell 

and Others) (Respondents) v. 

Newcastle Upon Tyne Licensing 

Justices and Others 

(Appellants): 

Extensions of time, 13 Dec, 60; 10 Jan, 92; set 



R (on the Application of C (FC) and 

Another (FC)) (Children Acting 

through their Father and 

Litigation Friend) (Petitioners) 

v. Secretary of State for the 

Foreign and Commonwealth 

Office (Respondent): 



2 Dec, 31; report, 13 Jan, 105 

R (on the Application of 

Corporation of London) 

(Respondents) v. Secretary of 

State for Environment, Food 

and Rural Affairs (Appellant) 

and Others: 



Apr, 405; appeal presented, 5 May, 410 

R (on the Application of 

Corporation of London) 

(Respondents) v. Secretary of 

State for Environment, Food 

and Rural Affairs (Respondent) 

and Others (Appellants): 


Appeal Committee, 19 Jan, 118; report, 

21 Apr, 405; appeal presented, 4 May, 409; 

security for costs waived, 9 May, 411 

R (on the Application of DFS 

Furniture Company Plc) 

(Petitioners) v. Her Majesty’s 


Excise (Respondents): 


R (on the Application of Fisher and 

Others) (Petitioners) v. English 

Nature (Respondents): 


R (on the Application of Gillan 

(FC) and Another (FC)) 

(Appellants) v. Commissioner of 

Police for the Metropolis and 

Another (Respondents): 


169; extension of time, 23 Mar, 359; set 



R (on the Application of Hammond) 

(FC) (Respondent) v. Secretary 

of State for the Home 

Department (Appellant) 





1960 referred to Appeal Committee, 8 Dec, 

51; report, 21 Feb, 194; appeal presented, 2 

Mar, 237; public funding certificate, 15 

Mar, 320; set down for hearing and referred 

to Appellate Committee, 13 Apr, 401


461 


R (On the Application of Jones (FC) 

and Others (FC)) (Respondents) 

v. Ceredigion County Council 

(Appellants) (Civil Appeal from 

Her Majesty’s High Court of 

Justice): 



Appellate Committee, 16 Dec, 73; public 

funding certificates, 13 Jan, 104; appeal 

withdrawn, 2 Feb, 150 

R (on the Application of Kent 

Pharmaceuticals Limited) 

(Petitioners) v. Director of the 

Serious Fraud Office 

(Respondent): 



Mar, 262 

R (on the Application of Laporte) 

(FC) (Petitioner) v. Chief 

Constable of Gloucestershire 

(Respondent): 



2 Feb, 149; petitions for leave to intervene 

referred to Appeal Committee, 10 

May, 412 

R (on the Application of Mahajan) 

(Applicant) v. Central London 

County Court (Respondents) 

(First Application): 





(Second Application): 





(Fourth Application): 


R (on the Application of N) (FC) 

(Petitioner) v. Secretary of State 

for the Home Department 

(Respondent): 



4 Apr, 370 

R (on the Application of Nilsen) 

(FC) (Petitioner) v. Governor of 

HMP Full Sutton and Another 



to Appeal Committee, public funding 

certificate, 16 Feb, 191; report, 18 Apr, 403 

R (on the Application of Nunn) 

(Petitioner) v. First Secretary of 

State (Respondent): 


Appeal Committee, 15 Mar, 320; report, 

13 Apr, 402 

R (on the Application of Paul 

Rackham Limited) (Petitioners) v. 

Swaffham Magistrates’ Court 



R (on the Application of PD) 

(Petitioner) v. West Midlands & 

North West Mental Health 

Review Tribunal (Respondents): 


to Appeal Committee, 25 Nov, 11; 

report, 25 Jan, 130 




(Third Application): 


R (on the Application of Tromans 

and Another) (Respondents) v. 

Cannock Chase District Council 


Reports; 24 Nov, 7; 15 Dec, 69



2004–05 

R (on the Application of X) (FC) 

(Petitioner) v. Chief Constable of 

West Midlands Police 

(Respondent): 



17 Jan, 111 

R v. Ahmed and Another 


Report, 7 Feb, 162 

R v. Bradley (Petitioner): 



to Appeal Committee, 31 Jan, 142; 


R v. Coutts (Appellant) (on Appeal 

from the Court of Appeal 

(Criminal Division)): 



to Appeal Committee, 4 Feb, 158; 

report, 18 Apr, 403; appeal presented, 4 

May, 409 

R v. Hasan (Respondent) (on Appeal 


(Criminal Division)) (Formerly 

Regina v. Z (Respondent) (2003)): 


R v. Jones (Appellant) (on Appeal 


(Criminal Division)) (formerly 

R v. J (Appellant)): 

Petition that appeals be conjoined; ordered 



R v. Olditch (Appellant) (on Appeal 

from the Court of Appeal (Criminal 

Division)) (formerly R v. O 

(Appellant)) 

R v. Pritchard (Appellant) (on Appeal 


Division)) (formerly R v. P 

(Appellant)) 

R v. Jones (Appellant) (on Appeal from 

the Court of Appeal (Criminal 

Division)) (formerly R v. J 

(Appellant)) 

R v. Milling (Appellant) (on Appeal 


Division)) (formerly R v. M 

(Appellant)) 

R v. Richards (Appellant) (on Appeal 


Division)) (formerly R v. R 

(Appellant)) 


R v. Jones (Respondent) (on Appeal 


(Criminal Division)) (formerly R 

v. J (Respondent)): 

Petition that appeal be consolidated, 2 Feb, 

149 


R v. Jones (Respondent) (on Appeal 



v. J (Respondent)) 

R v. Milling (Respondent) (on 

Appeal from the Court of Appeal 


v. M (Respondent)) 

R v. Olditch (Respondent) (on 



v. O (Respondent)) 

R v. Pritchard (Respondent) (on 



v. P (Respondent)) 

R v. Richards (Respondent) (on 



v. R (Respondent)) 

(consolidated appeals) 

Set down for hearing and referred to 

Appellate Committee, 24 Feb, 216 

R v. Longworth (Petitioner): 



to Appeal Committee, 6 Dec, 35; 

report, 7 Feb, 162; appeal presented, 21 

Feb, 194 

R v. May (Petitioner): 



to Appeal Committee, 1 Mar, 232


463 





v. M (Appellant)): 







(Appellant)) 




(Appellant)) 




(Appellant)) 




(Appellant)) 




(Appellant)) 


R v. Milling (Respondent) (on 



v. M (Respondent)): 


149 


R v. Jones (Respondent) (on Appeal from 



(Respondent)) 

R v. Milling (Respondent) (on Appeal 



(Respondent)) 

R v. Olditch (Respondent) (on Appeal 



(Respondent)) 

R v. Pritchard (Respondent) (on Appeal 



(Respondent)) 

R v. Richards (Respondent) (on Appeal 



(Respondent)) 


R v. Misra and Another 






v. O (Appellant)): 







v. O (Appellant)) 

R v. Pritchard (Appellant) (on 



v. P (Appellant)) 

R v. Jones (Appellant) (on Appeal 



v. J (Appellant)) 




v. M (Appellant)) 

R v. Richards (Appellant) (on 



v. R (Appellant)) 


Set down for hearing and referred to an 

Appellate Committee, 24 Feb, 216 

R v. Olditch (Respondent) (on 



v. O (Respondent)): 


149; 





(Respondent)) 




(Respondent))



2004–05 




(Respondent)) 




(Respondent)) 




(Respondent)) 


R v. Pritchard (Appellant) (on 



v. P (Appellant)): 







(Appellant)) 




(Appellant)) 




(Appellant)) 




(Appellant)) 




(Appellant)) 


R v. Pritchard (Respondent) (on 



v. P (Respondent)): 


149; 





(Respondent)) 




(Respondent)) 




(Respondent)) 




(Respondent)) 




(Respondent)) 


R v. Richards (Appellant) (on 



v. R (Appellant)): 







(Appellant)) 




(Appellant)) 




(Appellant)) 




(Appellant)) 




(Appellant)) 


R v. Richards (Petitioner): 




R v. Richards (Respondent) (on 



v. R (Respondent)): 


149 





(Respondent))


465 





(Respondent)) 




(Respondent)) 




(Respondent)) 




(Respondent)) 


R v. Z (Appellant) (on Appeal from 

the Court of Appeal Northern 

Ireland) (Northern Ireland): 


Committee, 23 Mar, 359; report, cause 

part heard, 18 Apr, 404; cause fully heard 

and consideration adjourned sine die, 19 

Apr, 404 

Reed Executive Plc and Others 

(Petitioners) v. Reed Business 

Information Limited and Others 



Rees (FC) (Respondent) v. 

Darlington Memorial Hospital 

NHS Trust (Appellants): 

Public funding certificate, 1 Feb, 146 

Regina v. Ashworth Hospital 

Authority (Appellants) and 

Another Ex Parte B (FC) 

(Respondent): 


Regina v. Bentham (Appellant) (on 




Regina v. Camberwell Green Youth 

Court (Respondents) Ex Parte D 

(A Minor) (by his Mother and 

Litigation Friend) (FC) 

(Appellant) (Criminal Appeal 

from her Majesty’s High Court 

of Justice): 



Court (Respondents) Ex Parte 


(Respondent) (AE and Another 

(By Her Mother and Litigation 

Friend) (FC) (Petitioner) 

(Interested Parties)): 

Report, 2 Mar, 238 




(Respondent) (G (By His Mother 

and Litigation Friend) (FC) 

(Appellant) (Interested Party)) 







(Respondent) (I (By His 


(Petitioner) (Interested Party)): 



Court (Respondents) Ex Parte N 

(A Minor) (by his Mother and 


(Petitioner): 


Regina v. Durham Constabulary 

and Another (Appellant) Ex 

Parte R (FC) (Respondent) 



Regina v. Durham Constabulary 

(Appellants) and Another Ex 

Parte R (FC) (Respondent): 



Regina v. Hayter (Appellant) (on 




Regina v. Her Majesty’s 


(Respondents) Ex Parte 

Wilkinson (FC) (Appellant): 

Judgment, 5 May, 411



2004–05 

Regina v. Immigration Officer at 

Prague Airport and Another 

(Respondents) Ex Parte 

European Roma Rights Centre 

and Another (FC) and Another 

and Others (FC) (Appellants): 

Judgment, 9 Dec, 54; costs order, 26 Jan, 134 

Regina v. Mercieca (Appellant) (on 




Committee, 6 Dec, 36; judgment, 16 

Feb, 191 

Regina v. Montila and Others 

(Appellants) (on Appeal from the 

Court of Appeal (Criminal 

Division)): 


Regina v. Parole Board 

(Respondents) Ex Parte Smith 

(FC) (Appellant): 


(Respondents) Ex Parte West 




Regina v. Mushtaq (Appellant)(on 





(Respondents) Ex Parte West 


Costs order, 21 Mar, 340 

Regina v. Secretary of State for 

Education and Employment and 

Others (Respondents) Ex Parte 

Williamson (Appellant) and 

Others: 

Judgment, 24 Feb, 215; costs order, 25 Apr, 

406 



Affairs (Appellant) Ex Parte 

Quark Fishing Limited 




Affairs (Respondent) Ex Parte 

Quark Fishing Limited 

(Appellants): 


Extensions of time, 2 Dec, 31; 6 Dec, 36; 17 

Jan, 111; set down for hearing and referred 

to Appellate Committee, 7 Feb, 162 

Regina v. Secretary of State for the 

Home Department (Appellant) 

Ex Parte Adam (FC) 

(Respondent): 



Ex Parte Tesema (Respondent): 



Ex Parte Limbuela (Respondent): 



Appeal Committee, 21 Mar, 340; report, 

13 Apr, 402; petition for leave to intervene 

referred to Appeal Committee, 4 May, 409; 

report, 10 May, 412 


Home Department (Petitioner) Ex 

Parte TUM (FC) (Respondent) 

and One Other Action: 




Ex Parte Al-Hasan (FC) 

(Appellant): 



Ex Parte Carroll (FC) 

(Appellant): 





Ex Parte Bagdanavicius (FC) and 

Another (Appellants): 

Extension of time, 24 Nov, 6; set down for 


12 Jan, 100; cause heard in part, 20 

Apr, 405; cause fully heard and consideration 

adjourned sine die, 21 Apr, 405


467 




Ex Parte Greenfield (FC) 

(Appellant): 

Judgment, 16 Feb, 191; costs order, 21 Mar, 

339 


Work and Pensions and Another 

(Appellant) Ex Parte Hooper 

and Others (FC) (Respondents): 


Work and Pensions (Respondent) 

Ex Parte Hooper (Appellant) 

and Others: 



Ex Parte Hooper and Others 

(FC) (Appellants): 


Appeals set down for hearing and referred to 

Appellate Committee, 24 Nov, 6; 

judgment, 5 May, 410 



Ex Parte Hooper and Others 

(FC) and Another (Appellants): 

Public funding certificate cancelled, 13 Jan, 

104 



Ex Parte Kehoe (FC) 

(Appellant): 

Extensions of time, 6 Dec, 36; 10 Jan, 92; set 


Committee, 21 Feb, 194; cause heard in 

part, 9 May, 412; cause fully heard and 

consideration adjourned sine die, 10 May, 

412 


Works and Pensions 

(Respondent) Ex Parte Reynolds 



Committee, 9 Dec, 55; petition for 


10 Jan, 91; report, 26 Jan, 134 

Regina v. Smith (Appellant) (2004) 

(No. 2) (on Appeal from the 

Court of Appeal (Criminal 

Division)): 

Set down for hearing and referred to Appeal 

Committee, 1 Dec, 26; judgment, 16 Feb, 

191; costs order, 21 Mar, 340 

Regina v. Special Adjudicator 

(Respondent) Ex Parte Hoxha 




Dec, 55; judgment, 10 Mar, 283 

Regina v. Walls (Respondent) (on 





as prayed, 14 Dec, 64 

Regina v. Wang (Appellant) (on 

Appeal from thE Court of 

Appeal (Criminal Division)): 


Ridgeway Motors (Isleworth) 

Limited (Petitioners) v. Alts 




Roberts (FC) (Appellant) v. Parole 

Board (Respondents): 

Appeal presented, 29 Nov, 15; petition for 


14 Dec, 64; report, 15 Dec, 69; set 


Committee, 10 Jan, 91; petition for leave to 

intervene referred to Appeal Committee, 2 

Mar, 237; report, 8 Mar, 262; cause heard 

in part, 20 Apr, 405; cause further heard, 

21 Apr, 405; cause fully heard and consideration 

adjourned sine die, 21 Apr, 406 

Robertson and Others (Petitioners) 

v. Department of Environment, 

Food and Rural Affairs 




Royle (Petitioner) v. Manchester 

City Football Club Plc 



Appeal Committee, 5 Apr, 378

468 

2004–05 

St Leger-Davey (by Her Litigation 

Friend) (Petitioner) and Another 

v. First Secretary of State for 

the Environment and Others 




Mar, 330 

Scribes West Limited (Petitioners) v. 

Anstalt and Others 




Apr, 404 

Searby (Appellant) v. Yorkshire 

Traction Company Limited 





Department (Respondent) v. 

Hindawi and Another 

(Petitioner) (FC): 



6 Dec, 35 


Department (Respondent) v. 

Hindawi (FC) (Petitioner) and 

Another: 



10 Mar, 283 


Department (Respondent) v. K 

(Petitioner): 



May, 410 

Secretary of State for Trade and 

Industry (Respondent) v. 

Rutherford and Another (FC) 


Report, 10 Feb, 181; appeal presented, 24 

Feb, 215; security for costs waived, 2 Mar, 


Appellate Committee, 7 Apr, 394 

Secretary of State for Work and 

Pensions (Appellant) v. M 

(Respondent): 



report, 21 Feb, 194; appeal presented, 3 

Mar, 251; extension of time, 13 Apr, 402 

Serco Limited (Respondents) v. 

Lawson (Appellant): 



Dec, 26; set down for hearing and referred 

to Appellate Committee, 6 Dec, 36 

Sherrington and Others 

(Petitioners) v. Sherrington 

(Respondent): 



Sirius International Insurance 

Company (PUBL) (Appellants) v. 

FAI General Insurance Limited 

and Others (Respondents): 

Judgment, 2 Dec, 31; costs order, 12 Jan, 100 

Smith (FC) (Appellant) v. Secretary 

of State for Work and Pensions 




Jan, 134; appeal presented, public funding 

certificate, 4 Apr, 370 

South Bucks District Council 

(Respondents) v. Coates and 




report, 16 Mar, 330 

Speed Investments Limited and 

Others (Respondents) v. Formula 

One Holdings Limited and 




Feb, 217 

Standard Commercial Property 

Securities Limited and Others 

(Respondents) v. Glasgow City 

Council (Appellants) and 

Others (Scotland): 

Appeal presented, 28 Feb, 223; petition that 


Apr, 371 

For further proceedings see next entry


469 




Council (Appellants) and 

Others (Scotland) 





(Appellants) (Scotland) 


Extension of time, 13 Apr, 402 





(Appellants) (Scotland): 

Appeal presented, 2 Mar, 237; petition that 


Apr, 371 





Council (Appellants) and Others 

(Scotland) 




Council and Others (Appellants) 

(Scotland) 


Sutradhar (Appellant) v. Natural 

Environment Research Council 


Reports, 13 Dec, 60; 25 Jan, 130; appeal presented, 

7 Feb, 161; public funding certificate, 

16 Feb, 192; set down for hearing and 

referred to Appellate Committee, 21 Mar, 

340 

Swain (Petitioner) v. Director of 

Public Prosecutions 

(Respondent): 


Appeal Committee, 5 May, 410 

Szoma (FC) (Appellant) v. 

Secretary of State for the 

Department of Work and 

Pensions (Respondent): 

Extensions of time, 24 Nov, 6; 10 Jan, 92; set 


Committee, 23 Feb, 211 

Szuluk (FC) (Petitioner) v. 

Governor of HMP Full Sutton 




16 Feb, 191; report, 18 Apr, 403 

Tehrani (AP) (Appellant) v. 


Department (Respondent) 

(Scotland): 

Appeal presented, legal aid certificate, 17 

Mar, 335; extension of time, 28 Apr, 408 

Teleos Plc (Petitioners) v. Her 






Telewest Communications Plc and 



Customs and Excise (Petitioners): 



May, 412 

The Future Network Plc and 











(Appellants) 




(Appellants) 




(Appellants) 




(Appellants)


2004–05 




(Appellants) 




(Appellants) 


Thornhill (Trustee of Clive W 

Atherton) (Respondent) v. 

Atherton (Petitioner) and 




Three Rivers District Council and 

Others (Respondents) v. 

Governor and Company of the 

Bank of England (Appellants): 

Costs order, 14 Jan, 108 

Topplan Estates Limited 

(Petitioners) v. Townley 

(Respondent): 



Mar, 330 

Trennery (Respondent) v. West (Her 

Majesty’s Inspector of Taxes) 

(Appellant) and Four Other 

Actions: 


Trustees of the Robin Settlement 

(Petitioners) v. Trippier (Her 

Majesty’s Inspector of Taxes) 

(Respondent): 


Unilin Beheer BV (Respondents) v. 

Berry Floor NV and Others 


Report, 10 Feb, 181 

Unipart Group Limited (Petitioners) 

v. 02 (UK) Limited (formerly BT 

Cellnet Limited) and Others 



Walsh (AP) (Petitioner) v. Director 

of Assets Recovery Agency 

(Respondent) (Northern 

Ireland): 


to Appeal Committee, legal aid certificate, 

5 Apr, 378 

Ward (Respondent) v. Commissioner 

of Police for the Metropolis and 

Others (Appellants): 

Judgment, 5 May, 411 

Warmisham (Petitioner) v. Kenneth 

Beavis & Co (A Firm) 




Watkins (Respondent) v. Home 

Office (Appellants) and Others: 

Extensions of time, 10 Jan, 92; 21 Feb, 194 

West Bromwich Building Society 

(Appellants) v. Wilkinson and 




Appellate Committee, 19 Jan, 118 

Will Gannon & Smith Limited 

(Petitioners) v. Abbott and 




Wise (Underwriting Agency) 

Limited (Petitioners) and Others 

v. Grupo Nacional Provincial 

SA (Respondents): 


Vakante (Petitioner) v. Addey and 

Stanhope School and Others 



X (FC) and Another (FC) 

(Appellants) v. Secretary of 

State for the Home Department 

(Respondent): 

Judgment, 16 Dec, 73


471 

Younger Homes (Northern) Limited 

(Petitioners) v. First Secretary 

of State and Others 

(Respondents) and Others: 


Zafar (Petitioner) v. Director of 

Public Prosecutions 

(Respondent): 



1960 referred to Appeal Committee, 2 Dec, 

31; report, 16 Feb, 192

2004–05 473 

MEMBERSHIP OF THE HOUSE 

Notification of death 

Date shown is date of notification. 

Date of death is in Journal 

entry. Deaths of former 

members of the House, and of 

persons on the Register of 

Hereditary Peers, are not 

noted in the Journal. Neither 

is the retirement of a Lord 

Spiritual 

Aberdare L., 26 Jan, 133 

Burnham L., 10 Jan, 90 

Callaghan of CardiV L., 4 

Apr, 370 

Roll of Ipsden L., 4 Apr, 370 

Scarman L., 13 Dec, 59 

Sheppard of Liverpool L., 7 

Mar, 254 

Strange B., 15 Mar, 320 

Leave of Absence 

Granted 

Lord Chancellor, 15 Dec, 69; 1 

Feb, 145; 9 Feb, 176; 28 

Feb, 223 

Jeger B., 7 Mar, 254 

Terminated 

None 

Polwarth L., petition 5 Apr, 

378 

Vivian L., petition 11 Jan, 96; 

registered 9 Feb, 176 

By-elections 

Glasgow E., elected in place of 

Russell E. 13 Jan, 104; oath 

25 Jan, 129 

De Mauley L., elected in place 

of Burnham L. 14 Mar, 315; 

oath 15 Mar, 320 

Eccles V., elected in place of 

Aberdare L. 23 Mar, 358; 

oath 4 Apr, 370 

Introductions 

Under Life Peerages Act 1958, 

except Bishops, and Lords of 

Appeal in Ordinary, who are 

marked * 

Kinnock L., 31 Jan, 141 

Patten of Barnes L., 19 Jan, 118 

Oath or aYrmation (other than 

following By-election or on 

Introduction) 

None 

Notification of bankruptcy or 

custody 

None 

Determination of Abeyance 

None 

Register of hereditary peers 

Registration of persons who 

were members of the House 

until 1999 is not noted in the 

Journal. Neither is deregistration 

Abinger L., petition 1 Dec, 26; 

registered 12 Jan, 100 

Aberdare L., petition 5 Apr, 

378 

Boyle L., petition 5 Apr, 378 

Burnham L., petition 2 Mar, 

237; registered 16 Mar, 330 

Iddesleigh E., registered 2 Dec, 

31 

Mountgarret L., petition 5 

Apr, 378 

Oxfuird V., registered 1 Dec, 26

JOURNALS HOUSE OF LORDS - United Kingdom Parliament

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