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Proceeding contribution from Lord Lester of Herne Hill (Liberal Democrat) in the House of Lords on Tuesday, 14 July 2009. It occurred during Committee of the Whole House (HL) and Debate on bill on Parliamentary Standards Bill.


Parliamentary Standards Bill

I will clarify one point. What noble Lords have been saying is completely right: the issue relates to judicial review. The noble Baroness the Leader of the House made it clear at Second Reading, at col. 947 of Hansard, not only that there is no infringement of Article IX in the Bill but that a court faced with a judicial review would not be able to consider proceedings in Parliament because that would not be possible under Article IX. I completely agree with her. However, there could of course be judicial review. If I were to go on, I would explain how judicial review quite often arises in cases involving Article IX. Accepting Amendment 1—although it clearly says that nothing in the Act affects Article IX—does not resolve the underlying problems. I was attempting to explain that the courts have been resolving those problems clearly, and in a way that we should respect.


Secondary information

Type
Proceeding contribution
Reference
712 c1055 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Disciplinary proceedings Disclosure of information Codes of practice Appeals Conduct Allowances Advocacy British constitution Committee on Standards in Public Life Employment Housing Finance Families Human rights House of Commons Judiciary Freedom of expression Pay Powers Membership Public appointments Members Members' interests Privy Council Parliament Parliamentary privilege Standards Regulation Repayments Committee on Standards and Privileges Senior Salaries Review Body Independent Parliamentary Standards Authority Commissioner for Parliamentary Investigations Sunset clauses
Legislation
Parliamentary Standards Bill 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk