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Deposited by
Cabinet Office
Type
Deposited papers
Date
15 December 2010
Reference
DEP2010-2324
House
House of Lords
Type
Select Committee reports; House of Lords papers; Parliamentary committees
Committee
Constitution Committee
Date
1 December 2010
Reference
HL 69 2010-11
House
House of Lords

I must say that this is the second very worrying route the Minister has gone down. He is saying that if the Prime Minister were to behave unconstitutionally, the monarch would act. How would the monarch know whether the Prime Minister had acted constitutionally or unconstitutionally?

Member
Chris Bryant (Labour)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c827
House
House of Commons

Her Majesty the Queen appoints the Prime Minister. If the Prime Minister were to behave in an unconstitutional fashion, the Queen would have the right to dismiss the Prime Minister.

Member
Lord Harper (Conservative)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c826
House
House of Commons

If that is so—and I accept it as such—why does it not apply to the statute itself?

Member
Richard Shepherd (Conservative)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c865
House
House of Commons

The Minister is right in saying that the main difference is that the matter would have to be dealt with in the second Chamber. As I understand it, however, the coalition agreement states clearly that the Government's aspiration is to create enough peers to meet the proportions formed by each...

Member
Chris Bryant (Labour)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c865
House
House of Commons

Does my hon. Friend understand that the Committee had to rush through its work on this Bill and the Parliamentary Voting System and Constituencies Bill at the same time?

Member
Andrew Turner (Conservative)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c866
House
House of Commons

That was also the experience of the Lords Constitution Committee—and, in fact, we have not been rushing the consideration of this Bill. We published it in July, Second Reading was in September, and this is the third day of the Committee stage, in December. We are hardly rushing forward at...

Member
Lord Harper (Conservative)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c866
House
House of Commons

I beg to suggest that, if the Minister had listened carefully to what I said earlier, he would have heard me reading from a letter I had received from Mr Robert Rogers, who made it absolutely clear that it is possible to entrench a Standing Order of this House with...

Member
Bernard Jenkin (Conservative)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c864-5
House
House of Commons

No, I think there is a rather crucial difference. The powers in that Act are given to a Minister—they are not proceedings in Parliament. That leads me nicely on to amendment 6—

Member
Lord Harper (Conservative)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c868
House
House of Commons

But the hon. Gentleman is keen to get in.

Member
Lord Harper (Conservative)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c868
House
House of Commons

The Committee was quite right. I agree that we need to ensure that the courts do not question those matters. In a moment I will deal with the amendments and the Government's reason for believing that the language we have used about the well-precedented use of Speaker's certificates prevents the...

Member
Lord Harper (Conservative)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c867-8
House
House of Commons

indicated assent.

Member
David Heath (Liberal Democrat)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c860
House
House of Commons

No, I do not think that. Intense pressure is precisely what an independent judiciary is set up to resist. One would expect and hope for that from a senior judge. We are fortunate in the judiciary we have in this country. I hope that hon. Members will reflect carefully on...

Member
Geoffrey Cox (Conservative)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c861-2
House
House of Commons

I shall admonish my children for not being better read.

Member
Charles Walker (Conservative)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c857
House
House of Commons

I had not intended to speak, and I shall be extremely brief. Most of my remarks will be addressed to the Minister in the hope that he can provide the clarification in substance to the questions asked by my hon. Friends and Opposition Members, which I should like to reinforce....

Member
Geoffrey Cox (Conservative)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c860
House
House of Commons

I rise to make a brief contribution. I have listened with great interest to the debate and I await with even greater interest the Minister's response to the very well advocated position on amendment 6, with which I have great sympathy. It seems blindingly simple to me. Clause 2(3) stops...

Member
Robert Buckland (Conservative)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c859-60
House
House of Commons

The hon. and learned Gentleman is making an important contribution, and he is right about the reluctance of the courts, for the most part, to intervene and tread on our toes, as it were. However, the truth is that those elements of parliamentary privilege that attach because of not wishing...

Member
Chris Bryant (Labour)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c862
House
House of Commons

Let me just finish this point, then I will take an intervention from my hon. Friend. Standing Orders can be changed by a simple majority. The Government's view was that, if that was the case, the power to dissolve Parliament early would effectively be left with the Prime Minister.

Member
Lord Harper (Conservative)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c864
House
House of Commons

That is not true.

Member
Bernard Jenkin (Conservative)
Type
Proceeding contributions
Date
1 December 2010
Reference
519 c864
House
House of Commons