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House of Lords (Amendment) Bill [HL]

My Lords, I have told my noble friend that I am concerned about this matter, although not about the principle of the amendment. However, it was brought to my attention today—I should perhaps have notified my noble friend of this—that we had a big debate on this matter in the 2008-09 Session. The Committee for Privileges looked at the question of expulsion under the present regime. There was at that time a substantial difference of opinion between the noble and learned Baroness, Lady Scotland of Asthal, and my noble and learned friend Lord Mackay of Clashfern as to exactly what the powers of the House are in this regard. I am concerned that the amendment would allow the House to expel Members through the use of Standing Orders. To expel a Member of the House would exclude that person from receiving from the Crown a Writ of Summons and the Letters Patent to attend, sit and vote in Parliament. That is a substantial change. I repeat that I am not against the amendment in principle, but given that this is such a big issue, I wonder whether this is the right way forward. I had a quick talk to my noble and learned friend Lord Mackay of Clashfern earlier this afternoon. He looked at this measure and said that the House can override the Writ of Summons, if it wants to. He noted that the proposed new subsection (2) of the amendment contains a right of appeal, but asked to whom the right of appeal could be made. There needs to be much more detail. I wonder whether that detail should be left to Standing Orders or whether my noble friend will consider withdrawing the amendment so that we can discuss the matter when the Bill that the noble Lord, Lord Richard—I am glad to see him in his place—and his committee are looking at comes forward in the next Session, so that we can get the wording right.