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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

At the risk of annoying the House, I shall put €10 on it now. I am pleased that the Government accepted Lords amendment 1, a Conservative amendment that categorically states that the issue of parliamentary privilege will remain unchanged in the Bill. The original Bill would have succeeded in unravelling, in just a few days, fundamental rights that have been at the foundation of our democracy for centuries. Although the Justice Secretary held to a remarkably calm and sanguine view of the impact that the Bill would have had on the proceedings of Parliament, great anxiety—even alarm—was expressed by the Clerk of the House, by two Select Committees of this House and by many hon. Members on the Floor of this House, as well as by a great number of Lords and Ladies, and their Committee in another place, who thought it best, given the nature of this concern, to ensure that there was an explicit warning to the courts that there was nothing here for them. We agree, and we are glad that the Government have acquiesced. On Lords amendment 2, we are pleased that the Government have agreed that nothing in the Bill should affect the House of Lords. We entirely support the intention behind the amendment to ensure that if the House of Lords wishes to establish a similar body it can do so, perhaps with the wisdom of our experience behind it. As regards IPSA and the commissioner, I will not go through every amendment in detail, but I will touch on each clause to see exactly where we have ended up. There have been very few changes to the fundamental restructuring established by the Bill, for under clauses 1 to 4 IPSA will essentially set the allowances regime, pay salaries and allowances, design our code of conduct on financial interests, administer the register of financial interests and establish procedures for investigations. The Lords have also untangled the dual roles of the Parliamentary Commissioner for Standards and the Commissioner for Parliamentary Investigations. The Government have made the commitment that the existing non-statutory role currently undertaken by John Lyon will remain, responsible to the Committee on Standards and Privileges, in addition to the new statutory Commissioner for Parliamentary Investigations. However, the commissioner's role will be separate from IPSA, so nothing the Bill suggests that the new body functions both as judge and jury, and that is surely a sensible approach. The commissioner will investigate complaints of any breaches or misuse of the expenses and allowances regime or the rules on the registration of interests. He will then refer his findings, as appropriate, to the Committee on Standards and Privileges, if the matter has not already been settled by repayment. He will receive any relevant information from Members and report any non-co-operation to the Committee. He will also give Members the right to make representations, to be heard in person, and to call and examine witnesses. In addition, the Government have removed two offences: first, on the registration of financial interests; and secondly, on paid advocacy. Those are covered elsewhere in law. We are very pleased to have a sunset clause. Any legislation that is put through so quickly, and from a standing start, will benefit well from revision and reassessment at a set date in the future. On clauses 5 to 9, the Government have accepted our argument on the need for such a two-year sunset. We understood the argument that the Justice Secretary made to this House on the potential damage that an overall sunset clause would have had on IPSA's ability to get itself up and running and to recruit and retain staff.


Secondary information

Type
Proceeding contribution
Reference
496 c780-1 
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