Proceeding contribution from Alan Duncan (Conservative) in the House of Commons on Tuesday, 21 July 2009. It occurred during Debate on bill on Parliamentary Standards Bill.
Parliamentary Standards Bill
We are asked to consider the amendments made in another place. May I say at the outset, before I go through some of the detail, that we on the Conservative Benches broadly support the amendments that the Lords have made to the Bill? Most have been the subject of vigorous debate and negotiation. Just over a week ago, the Bill arrived in the House in a state of some confusion. It was immediately clear that the Government were trying to do too much in too short a space of time. As I explained in my Second Reading speech, which I will not rehearse again now, it was obvious that Ministers had been required, at very short notice, to create a Bill that had—initially, at least—to match the Prime Minister's press release, no matter what the consequences. It quickly became apparent that those consequences would have had a devastating impact on the House and the ability of its Members to go about their business freely and without being trammelled by the judgment of the courts. That was not just our opinion, but that of the Justice Committee, the Joint Committee on Human Rights and the Clerk of the House. So we are pleased that the Government have made some significant concessions, both in this House and another place, that have ensured that we have, in large part at least, avoided a full-on constitutional collision with the judiciary. We have now achieved most of what it was ever necessary to achieve in the interim, before Sir Christopher Kelly's committee reports in October—that is, the establishment of an independent fees office that will set and administer our allowances and expenses and provide an independent mechanism to investigate any alleged misuse of those allowances and expenses. I now turn to the amendment to Lords amendment 1 tabled by my hon. Friend the Member for Stone (Mr. Cash). We appreciate what my hon. Friend is trying to do. The House will note that a stipulation is already laid down in Lords amendment 1, which explicitly states that the issue of parliamentary privilege will remain unchanged by the Bill. The House will also note the powerful points made by the Attorney-General in her letter to their lordships and her speech to the upper House on Report. It would be impossible to exclude the European Court of Human Rights from the Bill, because we have an international treaty obligation not to do so. However, an ECHR judgment has no real power in this country because, as my hon. and learned Friend the Member for Beaconsfield (Mr. Grieve) has consistently pointed out, it is not enforceable as such in our courts. If the Government felt obliged to adhere to whatever judgment the ECHR had made, they would have to go through the painful route of introducing primary legislation. I should register my doubt that amending the Bill to exclude the Human Rights Act would have any effect at all, given Lords amendment 1. However, despite all that, the intention behind the amendment tabled by my hon. Friend the Member for Stone is completely clear. It is reasonable, given the concern registered and the number of colleagues who signed up to the amendment, that Conservative Front Benchers should support it. As this final concession will not have any negative impact on the Bill, I urge the Government to give it to us and join us in the Lobby.
Secondary information
- Type
- Proceeding contribution
- Reference
- 496 c779-80
- Session
- 2008-09
- Chamber / Committee
- House of Commons chamber
- Subjects
- Conduct Allowances Bill of Rights House of Commons EU law Members Members' interests Parliament Parliamentary privilege Sovereignty Independent Parliamentary Standards Authority Sunset clauses
- Legislation
- Parliamentary Standards Bill 2008-09
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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