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Proceeding contribution from Lord Shutt of Greetland (Liberal Democrat) in the House of Lords on Tuesday, 20 March 2012. It occurred during Debates on delegated legislation on Insolvency Act 1986 (Disqualification from Parliament) Order 2012.


Insolvency Act 1986 (Disqualification from Parliament) Order 2012

My Lords, some of the information is still to be supplied to me. However, let us get this into perspective. We are talking about Northern Ireland. In 2010-11, there were 1,465 bankruptcy orders. That is the number of people who were made bankrupt in that year. I do not have the precise figure but I am told that a handful of people—perhaps two or three dozen—have had bankruptcy restriction orders. Those are the numbers that we are talking about and, of those two or three dozen, we then have to think about how many might think of standing for elected office. Therefore, we are talking about a very restricted number. There has been a consultation but it has not been carried out generally because at the moment the order affects only Members of the House of Commons and the House of Lords, although I take the point that those who will be seeking election do not presently sit in either of those places. My briefing note says that public consultation on the order has not been carried out as it affects only Members of the House of Commons and the House of Lords, Members of the Northern Ireland Assembly and, should any of them ever have a bankruptcy order made against them by the Northern Ireland High Court, Members of the Scottish Parliament and Welsh Assembly. However, the Minister of State wrote to the Speakers of the Commons and Lords and of the Northern Ireland Assembly, as well as to the Chief Electoral Officer for Northern Ireland and the Electoral Commission, to inform them of his intention to bring forward this order. Only one substantive response to this exercise was received, and a Member of this House wrote to Hugo Swire, the Minister of State, in March 2011 seeking clarification on whether the order would ensure consistency in the law relating to the Northern Ireland and Welsh Assemblies and the Scottish Parliament. The response was that disqualification at Westminster in this case has automatic read-across for the Northern Ireland Assembly. The order will bring Northern Ireland into line with both England and Wales, and bringing forward this order in respect of Northern Ireland will not ensure consistency in terms of Scottish legislation at the same time. However, the reply advised that the Northern Ireland Office is liaising with the Insolvency Service, which is part of the Department for Business, Innovation and Skills and the Scotland Office, to ensure that this is rectified when possible. On shared information, if the High Court in Northern Ireland makes a bankruptcy restriction order in respect of a Member of the Scottish Parliament or the National Assembly for Wales, the court will notify the presiding officer of that body. I think that I have been able to respond to the questions that have been raised and, with that, I hope that the order can be agreed. Motion agreed.


Secondary information

Type
Proceeding contribution
Reference
736 c162-4GC 
Session
2010-12
Chamber / Committee
House of Lords Grand Committee
Subjects
Bankruptcy House of Lords House of Commons Disqualification Insolvency Northern Ireland Northern Ireland Assembly Members National Assembly for Wales Scottish Parliament
Legislation
Insolvency Act 1986 (Disqualification from Parliament) Order 2012
Link
View this Proceeding contribution on www.publications.parliament.uk