LORDS

House of Lords Journal

Select a session:

2012-13 (245)

Wednesday 16 May 2012

Minutes of Proceedings

Prayers were read by the Lord Bishop of Wakefield.

Select Committee Report

Statutory Instruments
The following Report from the Joint Committee was made and ordered to be printed:
First Report on certain statutory instruments, including the following affirmative instruments:
Draft Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012
Draft Nationality, Immigration and Asylum Act 2002 (Authority to Carry) Regulations 2012
Draft Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012
Draft Gambling Act 2005 (Amendment of Schedule 6) Order 2012. (HL Paper 6)

Public Business

Economy: green growth A question was asked by Baroness Worthington and answered by Lord Sassoon.
Eurozone A question was asked by Baroness Falkner of Margravine and answered by Lord Howell of Guildford.
Immigration: controls at airports A question was asked by Lord Dubs and answered by Lord Henley.
Immigration: detention of children at Heathrow A question was asked by Lord Avebury and answered by Lord Henley.
Marriage (Approved Organisations) Bill [HL] Lord Harrison presented a bill to amend the law on marriage to permit the Registrar General to permit certain charitable organisations to solemnise marriages. It was read a first time and ordered to be printed. (HL Bill 17)
Interception of Communications (Admissibility of Evidence) Bill [HL] Lord Lloyd of Berwick presented a bill permit the introduction of intercept evidence in certain criminal proceedings; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 18)
Caravan Sites Bill [HL] Lord Avebury presented a bill to make provision to secure the establishment of caravan sites by local authorities in England for the use of Gypsies and Travellers. It was read a first time and ordered to be printed. (HL Bill 19)
Contaminated Blood (Support for Infected and Bereaved Persons) Bill [HL] Lord Morris of Manchester presented a bill to establish a committee to advise on haemophilia; to make provision in relation to blood donations; to establish a scheme for NHS Compensation Cards for people who have been treated with and infected by contaminated blood or blood products; to make provision for the financial compensation of people treated with and infected by contaminated blood and blood products and their widows, dependants and carers; to establish a review of the support available for people who have been treated with and infected by contaminated blood or blood products; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 20)
10  Business of the House Lord Strathclyde moved that the one-hour time limit shall apply to the Questions for Short Debate set down for Tuesday 29 May. The motion was agreed to.
11 Deputy Chairmen of Committees The Chairman of Committees moved that, as proposed by the Committee of Selection, the following members be appointed as the panel of members to act as Deputy Chairmen of Committees for this session:
B Andrews
B Anelay of St Johns
L Bassam of Brighton
L Bichard
L Brougham and Vaux
L Colwyn
L Faulkner of Worcester
B Fookes
L Geddes
B Gibson of Market Rasen
B Harris of Richmond
L Haskel
B Hooper
B McIntosh of Hudnall
B Morris of Bolton
B Pitkeathley
V Simon
L Skelmersdale
V Ullswater.
The motion was agreed to.
12 Administration and Works The Chairman of Committees moved that a Select Committee be appointed to consider administrative services, accommodation and works, including works relating to security, within the strategic framework and financial limits approved by the House Committee;
That, as proposed by the Committee of Selection, the following members together with the Chairman of Committees be appointed to the Committee:
B Anelay of St Johns
L Bassam of Brighton
L Brougham and Vaux
L Cameron of Dillington
Bp Exeter
L Faulkner of Worcester
L Laming
B McIntosh of Hudnall
L Mancroft
L Newby
L Roper
L Rowe-Beddoe;
That the Committee have power to send for persons, papers and records;
That the Committee have leave to report from time to time.
The motion was agreed to.
13 Communications The Chairman of Committees moved that a Select Committee be appointed to consider the media and the creative industries and that, as proposed by the Committee of Selection, the following members be appointed to the Committee:
B Bakewell
L Bragg
L Clement-Jones
B Deech
L Dubs
B Fookes
L Gordon of Strathblane
L Inglewood (Chairman )
Bp Norwich
L Razzall
L St John of Bletso
E Selborne
L Skelmersdale;
That the Committee have power to send for persons, papers and records;
That the Committee have power to appoint specialist advisers;
That the Committee have power to adjourn from place to place;
That the Committee have leave to report from time to time;
That the Reports of the Committee shall be printed, regardless of any adjournment of the House;
That the evidence taken by the Committee in the last session of Parliament be referred to the Committee;
That the evidence taken by the Committee shall, if the Committee so wishes, be published.
The motion was agreed to.
14 Consolidation etc. Bills The Chairman of Committees moved, in accordance with Standing Order 51, 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 Consolidation etc. Bills:
L Campbell of Alloway
L Carswell (Chairman )
L Christopher
E Dundee
L Eames
L Janner of Braunstone
B Mallalieu
L Methuen
L Razzall
L Swinfen
L Tombs;
That the Committee have power to send for persons, papers and records.
The motion was agreed to.
15 Constitution The Chairman of Committees moved 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;
That, as proposed by the Committee of Selection, the following members be appointed to the Committee:
L Crickhowell
B Falkner of Margravine
L Goldsmith
L Hart of Chilton
L Irvine of Lairg
B Jay of Paddington (Chairman )
L Lexden
L Macdonald of River Glaven
L Pannick
L Powell of Bayswater
L Renton of Mount Harry
L Shaw of Northstead;
That the Committee have power to send for persons, papers and records;
That the Committee have power to appoint specialist advisers;
That the Committee have power to adjourn from place to place;
That the Committee have leave to report from time to time;
That the Reports of the Committee shall be printed, regardless of any adjournment of the House;
That the evidence taken by the Committee in the last session of Parliament be referred to the Committee;
That the evidence taken by the Committee shall, if the Committee so wishes, be published.
The motion was agreed to.
16 Delegated Powers and Regulatory Reform The Chairman of Committees moved that a Select Committee be appointed to:
(i) 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;
(ii) report on documents and draft orders laid before Parliament under sections 14 and 18 of the Legislative and Regulatory Reform Act 2006;
(iii) report on documents and draft orders laid before Parliament under or by virtue of section 7(2) of the Localism Act 2011 or under or by virtue of section 5E(2) of the Fire and Rescue Services Act 2004; and
(iv) perform, in respect of draft orders referred to in paragraphs (ii) and (iii) above, and in respect of subordinate provisions orders made or proposed to be made under the Regulatory Reform Act 2001, the functions performed in respect of other instruments and draft instruments by the Joint Committee on Statutory Instruments;
That, as proposed by the Committee of Selection, the following members be appointed to the Committee:
B Andrews
L Blackwell
L Butler of Brockwell
L Carlile of Berriew
B Gardner of Parkes
L Haskel
L Mayhew of Twysden
B O’Loan
L Soley
B Thomas of Winchester (Chairman );
That the Committee have power to send for persons, papers and records;
That the Committee have power to appoint specialist advisers;
That the Committee have leave to report from time to time;
That the Reports of the Committee shall be printed, regardless of any adjournment of the House;
That the evidence taken by the Committee shall, if the Committee so wishes, be published.
The motion was agreed to.
17 Economic Affairs The Chairman of Committees moved that a Select Committee be appointed to consider economic affairs and that, as proposed by the Committee of Selection, the following members be appointed to the Committee:
L Currie of Marylebone
L Forsyth of Drumlean
L Hollick
B Kingsmill
L Lawson of Blaby
L Levene of Portsoken
L Lipsey
L McFall of Alcluith
L MacGregor of Pulham Market (Chairman )
L Rowe-Beddoe
L Shipley
L Smith of Clifton
L Tugendhat;
That the Committee have power to appoint a sub-committee and to refer to it any of the matters within the Committee’s terms of reference;
that the Committee have power to appoint the Chairman of the sub-committee;
That the Committee have power to co-opt any member to serve on the sub-committee;
That the Committee and its sub-committee have power to send for persons, papers and records;
That the Committee and its sub-committee have power to appoint specialist advisers;
That the Committee and its sub-committee have power to adjourn from place to place;
That the Committee have leave to report from time to time;
That the Reports of the Committee shall be printed, regardless of any adjournment of the House;
That the evidence taken by the Committee in the last session of Parliament be referred to the Committee;
That the evidence taken by the Committee or its sub-committee shall, if the Committee so wishes, be published.
The motion was agreed to.
18 Human Rights The Chairman of Committees moved that a Select Committee of six members 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 73 (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
To report to the House in respect of any original order laid under paragraph 4 of the said Schedule 2, its recommendation whether:
(a) the order should be approved in the form in which it was originally laid before Parliament; or
(b) the order should be replaced by a new order modifying the provisions of the original order; or
(c) 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;
That the following members be appointed to the Committee:
B Berridge
B Campbell of Surbiton
L Faulks
B Kennedy of The Shaws
L Lester of Herne Hill
B Lister of Burtersett;
That the Committee have power to agree with the Committee appointed by the Commons in the appointment of a Chairman;
That the quorum of the Committee shall be two;
That the Committee have power to send for persons, papers and records;
That the Committee have power to appoint specialist advisers;
That the Committee have power to adjourn from place to place;
That the Committee have leave to report from time to time;
That the Reports of the Committee shall be printed, regardless of any adjournment of the House;
That the evidence taken by the Committee in the last session of Parliament be referred to the Committee;
That the evidence taken by the Committee shall, if the Committee so wishes, be published.
The motion was agreed to.
19 Hybrid Instruments The Chairman of Committees moved that a Select Committee be appointed to consider hybrid instruments and that, as proposed by the Committee of Selection, the following members together with the Chairman of Committees be appointed to the Committee:
L Addington
L Campbell of Alloway
L Grantchester
L Harrison
L Luke
L Quirk
L Swinfen;
That the Committee have power to send for persons, papers and records.
The motion was agreed to.
20 Information The Chairman of Committees moved that a Select Committee be appointed to consider information and communications services, including the Library and the Parliamentary Archives, within the strategic framework and financial limits approved by the House Committee;
That, as proposed by the Committee of Selection, the following members be appointed to the Committee:
L Aberdare
L Black of Brentwood
L Feldman
L Haskel
L Kirkwood of Kirkhope (Chairman )
E Lytton
B Massey of Darwen
L Maxton
B Pitkeathley
L Rennard
L St John of Bletso
L Selsdon
B Stedman-Scott;
That the Committee have power to send for persons, papers and records;
That the Committee have leave to report from time to time.
The motion was agreed to.
21 Liaison The Chairman of Committees moved 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 effective co-ordination between the two Houses; and to consider the availability of members to serve on committees;
That, as proposed by the Committee of Selection, the following members together with the Chairman of Committees be appointed to the Committee:
L Alderdice
B Browning
L Campbell-Savours
B Corston
L Fellowes
L Laming
L McNally
B Royall of Blaisdon
L Strathclyde
V Ullswater;
That the Committee have power to send for persons, papers and records;
That the Committee have power to appoint specialist advisers;
That the Committee have leave to report from time to time.
The motion was agreed to.
22 National Security Strategy The Chairman of Committees moved 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 the National Security Strategy, to consider the National Security Strategy:
L Fellowes
L Foulkes of Cumnock
L Harris of Haringey
L Lee of Trafford
B Manningham-Buller
B Neville-Jones
B Ramsay of Cartvale
L Sterling of Plaistow
B Taylor of Bolton
L Waldegrave of North Hill;
That the Committee have power to agree with the Committee appointed by the Commons in the appointment of a Chairman;
That the Committee have power to send for persons, papers and records;
That the Committee have power to adjourn from place to place in the United Kingdom;
That the Committee have leave to report from time to time;
That the reports of the Committee shall be printed, regardless of any adjournment of the House;
That the evidence taken by the Committee in the last session of Parliament be referred to the Committee;
That the Committee have power to appoint specialist advisers;
That the evidence taken by the Committee shall, if the Committee so wishes, be published.
The motion was agreed to.
23 Parliamentary Office of Science and Technology (POST) The Chairman of Committees moved that, as proposed by the Committee of Selection, the following Lords be appointed to the Board of the Parliamentary Office of Science and Technology (POST):
L Haskel
L Krebs
L Oxburgh
L Winston.
The motion was agreed to.
24 Privileges and Conduct The Chairman of Committees moved that a Select Committee be appointed and that, as proposed by the Committee of Selection, the following members together with the Chairman of Committees be appointed to the Committee:
B Anelay of St Johns
L Bassam of Brighton
L Brooke of Sutton Mandeville
L Eames
L Howe of Aberavon
L Irvine of Lairg
L Laming
L Mackay of Clashfern
L McNally
B Manningham-Buller
L Newby
B Royall of Blaisdon
B Scotland of Asthal
L Scott of Foscote
L Strathclyde;
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 member to serve on a sub-committee;
That the Committee have power to send for persons, papers and records;
That in any claim of peerage, the Committee shall sit with three holders of high judicial office, who shall have the same speaking and voting rights as members of the Committee.
The motion was agreed to.
25 Procedure The Chairman of Committees moved that a Select Committee on Procedure be appointed and that, as proposed by the Committee of Selection, the following members together with the Chairman of Committees be appointed to the Committee:
B Anelay of St Johns
L Bassam of Brighton
L Blencathra
L Butler of Brockwell
L Campbell-Savours
B D’Souza
B Gould of Potternewton
L Laming
L McNally
L Newby
L Patel
B Royall of Blaisdon
L Strathclyde
B Thomas of Winchester
L Tyler
V Ullswater
L Wakeham
B Wall of New Barnet;
That the following members be appointed as alternate members:
V Craigavon
L Filkin
B Hamwee
V Montgomery of Alamein
L True
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 send for persons, papers and records;
That the Committee have leave to report from time to time.
The motion was agreed to.
26 Science and Technology The Chairman of Committees moved that a Select Committee be appointed to consider science and technology and that, as proposed by the Committee of Selection, the following members be appointed to the Committee:
L Broers
L Cunningham of Felling
L Dixon-Smith
B Hilton of Eggardon
L Krebs (Chairman )
L O’Neill of Clackmannan
L Patel
B Perry of Southwark
L Rees of Ludlow
E Selborne
B Sharp of Guildford
L Wade of Chorlton
L Willis of Knaresborough
L Winston;
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 member to serve on the Committee or a sub-committee;
That the Committee and its sub-committees have power to send for persons, papers and records;
That the Committee and its sub-committees have power to appoint specialist advisers;
That the Committee and its sub-committees have power to adjourn from place to place;
That the Committee have leave to report from time to time;
That the Reports of the Committee shall be printed, regardless of any adjournment of the House;
That the evidence taken by the Committee or its sub-committees in the last session of Parliament be referred to the Committee or its sub-committees;
That the evidence taken by the Committee or its sub-committees shall, if the Committee so wishes, be published.
The motion was agreed to.
27 Secondary Legislation Scrutiny The Chairman of Committees moved that a Select Committee be appointed to scrutinise secondary legislation.
(1) The Committee shall, with the exception of those instruments in paragraphs (3) and (4), scrutinise—
(a) every instrument (whether or not a statutory instrument), or draft of an 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 under an Act of Parliament;
(b) every proposal which is in the form of a draft of such an instrument and is laid before each House of Parliament under an Act of Parliament, with a view to determining whether or not the special attention of the House should be drawn to it on any of the grounds specified in paragraph (2).
(2) The grounds on which an instrument, draft or proposal may be drawn to the special attention of the House are—
(a) that it is politically or legally important or gives rise to issues of public policy likely to be of interest to the House; (b) that it may be inappropriate in view of changed circumstances since the enactment of the parent Act; (c) that it may inappropriately implement European Union legislation; (d) that it may imperfectly achieve its policy objectives.
(3) The exceptions are—
(a) remedial orders, and draft remedial orders, under section 10 of the Human Rights Act 1998;
(b) draft orders under sections 14 and 18 of the Legislative and Regulatory Reform Act 2006, and subordinate provisions orders made or proposed to be made under the Regulatory Reform Act 2001;
(c) Measures under the Church of England Assembly (Powers) Act 1919 and instruments made, and drafts of instruments to be made, under them.
(4) The Committee shall report on draft orders and documents laid before Parliament under section 11(1) of the Public Bodies Act 2011 in accordance with the procedures set out in sections 11(5) and (6). The Committee may also consider and report on any material changes in a draft order laid under section 11(8) of the Act.
(5) The Committee shall also consider such other general matters relating to the effective scrutiny of secondary legislation and arising from the performance of its functions under paragraphs (1) to (4) as the Committee considers appropriate, except matters within the orders of reference of the Joint Committee on Statutory Instruments.
That, as proposed by the Committee of Selection, the following members be appointed to the Committee:
L Bichard
L Eames
B Eaton
L Goodlad (Chairman )
B Hamwee
L Hart of Chilton
L Methuen
B Morris of Yardley
L Norton of Louth
L Plant of Highfield
L Scott of Foscote;
That the Committee have power to send for persons, papers and records;
That the Committee have power to appoint specialist advisers;
That the Committee have leave to report from time to time;
That the Reports of the Committee shall be printed, regardless of any adjournment of the House;
That the evidence taken by the Committee shall, if the Committee so wishes, be published.
The motion was agreed to.
28 Standing Orders (Private Bills) The Chairman of Committees moved 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 members together with the Chairman of Committees be appointed to the Committee:
L Geddes
B Gould of Potternewton
L Luke
L Naseby
L Palmer
V Simon
B Thomas of Walliswood;
That the Committee have power to send for persons, papers and records.
The motion was agreed to.
29 Statutory Instruments The Chairman of Committees moved, in accordance with Standing Order 73 and the resolution of the House of 16 December 1997, that, as proposed by the Committee of Selection, the following members be appointed to join with a Committee of the Commons as the Joint Committee on Statutory Instruments:
L Clinton-Davis
L Geddes
L Kennedy of Southwark
E Mar and Kellie
L Rees-Mogg
L Selkirk of Douglas
B Stern;
That the Committee have power to send for persons, papers and records.
The motion was agreed to.
30 Works of Art The Chairman of Committees moved 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 the strategic framework and financial limits approved by the House Committee;
That, as proposed by the Committee of Selection, the following members be appointed to the Committee:
L Cormack
L Crathorne
L Harries of Pentregarth
B Howells of St Davids
L Luke (Chairman )
B Maddock
L Myners
B Rendell of Babergh
L Roberts of Llandudno
E Shrewsbury
L Stevenson of Coddenham
B Valentine;
That the Committee have power to send for persons, papers and records;
That the Committee have leave to report from time to time.
The motion was agreed to.
31 European Union The Chairman of Committees moved that a Select Committee be appointed:
(1) To consider European Union documents deposited in the House by a Minister, and other matters relating to the European Union; The expression “European Union document” includes in particular:
(a) a document submitted by an institution of the European Union to another institution and put by either into the public domain;
(b) a draft legislative act or a proposal for amendment of such an act; and
(c) a draft decision relating to the Common Foreign and Security Policy of the European Union under Title V of the Treaty on European Union;
The Committee may waive the requirement to deposit a document, or class of documents, by agreement with the European Scrutiny Committee of the House of Commons;
(2) To assist the House in relation to the procedure for the submission of Reasoned Opinions under Article 5 of the Treaty on European Union and the Protocol on the application of the principles of subsidiarity and proportionality;
(3) To represent the House as appropriate in interparliamentary cooperation within the European Union;
That, as proposed by the Committee of Selection, the following members be appointed to the Committee:
L Boswell of Aynho (Chairman )
L Bowness
L Cameron of Dillington
L Carter of Coles
L Dear
B Eccles of Moulton
L Foulkes of Cumnock
L Hannay of Chiswick
L Harrison
L Maclennan of Rogart
L Marlesford
B O’Cathain
L Richard
E Sandwich
B Scott of Needham Market
L Teverson
L Tomlinson
L Trimble
B Young of Hornsey;
That the Committee have power to appoint sub-committees and to refer to them any matters within its terms of reference; that the Committee have power to appoint the Chairmen of sub-committees, but that the sub-committees have power to appoint their own Chairmen for the purpose of particular inquiries; that the quorum of each sub-committee be two;
That the Committee have power to co-opt any member to serve on a sub-committee;
That the Committee and its sub-committees have power to send for persons, papers and records;
That the Committee have power to appoint specialist advisers;
That the Committee and its sub-committees have power to adjourn from place to place;
That the Committee have leave to report from time to time;
That the Reports of the Committee shall be printed, regardless of any adjournment of the House;
That the evidence taken by the Committee or its sub-committees in the last session of Parliament be referred to the Committee or its sub-committees;
That the evidence taken by the Committee or its sub-committees shall, if the Committee so wishes, be published.
Then, Lord Pearson of Rannoch moved, as an amendment to the original motion, after paragraph (3), insert:
“(4) To make an annual report to the House for debate on the effect of its work on the European Union’s legislative proposals and legislation.”
After debate the amendment was withdrawn. Then the original motion was agreed to.
32 Infrastructure Planning (Waste Water Transfer and Storage) Order 2012 Lord De Mauley, on behalf of Lord Taylor of Holbeach, moved that the draft order be referred to a Grand Committee. The motion was agreed to.
33 Advisory Committee on Hazardous Substances (Abolition) Order 2012 Lord De Mauley, on behalf of Lord Taylor of Holbeach, moved that the draft order be referred to a Grand Committee. The motion was agreed to.
34  Queen’s Speech The debate on the motion that a Humble Address be presented to Her Majesty was resumed. Then Baroness Royall of Blaisdon moved, as an amendment to the original motion, at the end to insert, “but regret the failure of Your Majesty’s Government properly to address economic recovery, especially promoting growth and jobs, and the issues of general living standards and the one million young people out of work, and deplore the incoherence and the lack of vision of the measures proposed by Your Majesty’s Government for the coming Session of Parliament.” After debate, the amendment was withdrawn. Then the debate on the original motion was again adjourned until Thursday 17 May.
The House adjourned at 11.41pm until Thursday 17 May at 11.00am .
Advisory Committee on Hazardous Substances (Abolition) Order 2012