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Privileges Committee: First Report

My Lords, let me make plain what my position is as Attorney. I was invited to assist the committee in relation to a vexed matter which had tested the House on a number of occasions since 1642. The House had struggled with this matter in 1705 and 1956, and then again in 1999 and 2008. I was clear that any advice I gave to the committee could not and would not bind the House; it is for the House to determine how it should respond. I should also make clear that I felt keenly indeed the position in which the House was placed; all noble Lords are concerned about the honour of this House and would feel besmirched if any of our Members behaved in such a way as to bring us all into disrepute. But my role as Attorney is not to give the House the advice it may wish, but the advice it needs to hear in order for the House then to make its own decision. It is important that the House understands the constitutional enormity of what it is about to do; in all its history it has never suspended a Member. It is open to the House to do so but it has to consider whether these changed times entitle and oblige it to act differently. However, because there is no external scrutiny of what your Lordships do—no one can gainsay your Lordships’ decision—your Lordships need to be slow, judicious and careful indeed before you exercise this power, particularly at this time when there is a furore about our constitutional arrangements. We have had a careful and seasoned debate. I make it plain that, as Attorney for the time being, I am much comforted to see past Attorneys, who may have given similar advice which has been rejected, here with me. It is important, therefore, that the House understands that I gave the advice without fear or favour and without even looking at the facts complained about. I will not personally vote on either the first report or the second because I take the view that, as the adviser to the House, it would be inappropriate for me so to do. But I absolutely understand, without any doubt at all, the anger, concern and hurt that the House feels. It is for the House to determine whether it seeks now to accrue unto itself a power that it has never hitherto exercised. The only time this was ever done was when the republic was in being, Cromwell was in position, and two loyalist Lords were suspended because they went to the King as opposed to coming to this Parliament. For that reason, and that reason alone, they were suspended. In 1705 our House determined that that was not a proper purpose. I do not say for a moment that this House cannot do that which it may choose to do; I simply say be cautious, be proportionate and consider what the best course is. I trust this House and I am sure that it will come to the right conclusion.