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To ask the Attorney General, whether the Government Legal Service has a policy on when retrospective legislation is justified.

Asked by
James Cleverly (Conservative)
Answering body
Attorney General's Office
Type
Written questions
Status
Tabled
Date
28 August 2026
Reference
20417
House
House of Commons

Amendment 40 to clause 3 negatived on division (6 to 9). Amendment 41 to clause 3 negatived on division (4 to 9). Amendment 19 to clause 3 negatived on division (3 to 9). Amendment 44 to clause 3 negatived on division (6 to 9). Amendment 18 to clause 3 negatived...

Lead member
Sarah Sackman
Answering member
Kieran Mullan
Department
Ministry of Justice
Type
Public Bill Committee proceedings; Debates on bills
Committee
Courts and Tribunals Bill Committee
Date
16 April 2026
House
House of Commons
Type
Select Committee reports; House of Lords papers; Parliamentary committees
Committee
Constitution Committee
Date
11 June 2025
Reference
HL 139 2024-26
House
House of Lords

Lords committee stage second day. Clause 3 agreed to. Clause 4 under consideration. (Part 1 of 2).

Lead member
Baroness Taylor of Stevenage
Answering member
Baroness Scott of Bybrook; Lord Jamieson
Department
Ministry of Housing, Communities and Local Government
Type
Debates on bills; Committee of the Whole House (HL)
Notes
Scottish legislative consent granted, Welsh legislative consent sought.
Date
24 April 2025
Reference
845 cc774-794
House
House of Lords

Moved by

Lord Jackson of Peterborough

16: Clause 3, page 3, line 6, leave out from “tenancy” to end of line 8

Member’s explanatory statement

This amendment seeks to probe the government’s rationale for introducing retroactive legislation.

Member
Lord Jackson of Peterborough (Conservative)
Type
Proceeding contributions
Date
24 April 2025
Reference
845 c774
House
House of Lords

My Lords, I am grateful for that clarification from the Government Whip. On that basis I declare again that, as in the register of Members’ financial interests, I receive a rental income from my one property, which was my matrimonial home.

I will speak to Amendments 16, 17 and 18. My...

Member
Lord Jackson of Peterborough (Conservative)
Type
Proceeding contributions
Date
24 April 2025
Reference
845 cc774-7
House
House of Lords

My Lords, my noble friend raises a very important point. The Bill has merit. It also endangers the overall objective of increasing the supply of housing for the people of this country. It is very important that the transitional costs of introducing the Bill, if it becomes an Act, are...

Member
Lord Marlesford (Conservative)
Type
Proceeding contributions
Date
24 April 2025
Reference
845 c777
House
House of Lords

My Lords, I support what the noble Lords have said there. The principle against retrospection is long-lasting and fundamental to our constitution and our legal system, and it is enshrined, as has been said, in the European Convention on Human Rights.

There is an ECHR memorandum on the Bill in which...

Member
Lord Carter of Haslemere (Crossbench)
Type
Proceeding contributions
Date
24 April 2025
Reference
845 c777
House
House of Lords

Not wishing to lower the tone of erudition in the Committee, I would say, “latine non studi”. In plain English, what I would like to say is that the kernel of the noble Lord’s concerns is about certainty and clarity over arrangements. We have all had letters from different people...

Member
Baroness Thornhill (Liberal Democrat)
Type
Proceeding contributions
Date
24 April 2025
Reference
845 c777
House
House of Lords

My Lords, I again note my interest in the register as the owner of a single rented property. The Minister has asserted, as Ministers are required to do, that, in her view,

“the provisions of the Renters’ Rights Bill are compatible with the Convention rights”.

I am just wondering, because it does...

Member
Lord Empey (Ulster Unionist Party)
Type
Proceeding contributions
Date
24 April 2025
Reference
845 c778
House
House of Lords

Can I just add that I was disappointed that we did not have any phraseology in ancient Greek? We will have to put up with that for today, I suppose. I echo my noble friend Lord Carter’s point: I think it would be really helpful, whatever one thinks of the...

Member
Lord Cromwell (Crossbench)
Type
Proceeding contributions
Date
24 April 2025
Reference
845 c778
House
House of Lords

My Lords, I start by thanking my noble friend Lord Jackson of Peterborough for bringing Amendments 16 to 18 to the Committee today. The question of the retroactivity of the Bill is not just a question of how it will be applied, it is a question as to whether it...

Member
Baroness Scott of Bybrook (Conservative)
Type
Proceeding contributions
Date
24 April 2025
Reference
845 cc778-780
House
House of Lords

My Lords, I thank the noble Lord, Lord Jackson, for his amendments relating to transitional provisions and retroactive legislation, and for his lesson in Latin. In the year I took my second language, I was hoping to do Latin, but they changed it to Russian, so I never got to...

Member
Baroness Taylor of Stevenage (Labour)
Type
Proceeding contributions
Date
24 April 2025
Reference
845 cc780-2
House
House of Lords

I thank the Minister for those comments. I, too, remember when we sparred on regional television many years ago. We did it in English—not Latin, unfortunately, or even in Russian.

On a serious point, I hear from the Minister that she is cognisant of the need for a balance between the...

Member
Lord Jackson of Peterborough (Conservative)
Type
Proceeding contributions
Date
24 April 2025
Reference
845 cc782-3
House
House of Lords

Moved by

Lord Young of Cookham

19: Clause 3, page 4, line 4, at end insert—

“(7A) Any regulations made under subsection (7) must make specific provision for shared ownership leases.”

Member's explanatory statement

This amendment probes what effect the Secretary of State considers clauses 1 and 2 will have on shared ownership leaseholders who...

Member
Lord Young of Cookham (Conservative)
Type
Proceeding contributions
Date
24 April 2025
Reference
845 c783
House
House of Lords

My Lords, these probing amendments draw attention to the problems already facing many shared owners following the cladding scandal but also problems for them with the provisions in the Bill as it stands. I note that the Government’s impact assessment makes no mention of shared owners who have become accidental...

Member
Lord Young of Cookham (Conservative)
Type
Proceeding contributions
Date
24 April 2025
Reference
845 cc783-6
House
House of Lords

My Lords, I will speak very briefly because, as always, the noble Lord, Lord Young of Cookham, has set out his case so coherently and in such detail that I need raise just a couple of points. Before I do, I declare an interest: I do not let out any...

Member
Lord Cromwell (Crossbench)
Type
Proceeding contributions
Date
24 April 2025
Reference
845 c784
House
House of Lords

My Lords, I too support the amendments in the name of the noble Lord, Lord Young of Cookham.

If many of the amendments to this Bill are designed to make us look at unintended consequences for certain groups of people, these amendments concern one group of people who wholeheartedly deserve and...

Member
Baroness Thornhill (Liberal Democrat)
Type
Proceeding contributions
Date
24 April 2025
Reference
845 cc784-7
House
House of Lords

My Lords, I support the amendments proposed by my noble friend Lord Young of Cookham, who made a powerful case and highlighted the unique circumstances of shared ownership owners. These amendments address the specific and pressing concerns faced by shared ownership leaseholders under this Bill, and we believe that they...

Member
Lord Jamieson (Conservative)
Type
Proceeding contributions
Date
24 April 2025
Reference
845 cc787-8
House
House of Lords

My Lords, I thank the noble Lord, Lord Young of Cookham, for his amendments relating to shared ownership licensing and for his usual clarity and coherence in the way that he proposed them. I also thank the noble Lords, Lord Cromwell and Lord Jamieson, and the noble Baroness, Lady Thornhill,...

Member
Baroness Taylor of Stevenage (Labour)
Type
Proceeding contributions
Date
24 April 2025
Reference
845 cc788-790
House
House of Lords