Electoral Registration and Administration Bill

Baroness Anelay of St Johns Excerpts

Monday 14th January 2013 Lords Chamber

[Lord Elton]

My Lords, I really was up first and I merely want to ask the noble Lord this question. He has made a very moving and appealing speech. Before he sits down—

[Baroness Anelay of St Johns]

My Lords, I appreciate that this is of great interest to many noble Lords in the House. I remind noble Lords that we are in Committee and therefore the device of saying, “Before the noble Lord sits down” is not necessary. Of course Peers may ask the noble Lord who moved the amendment—the noble Lord, Lord Hart of Chilton—questions. He is at liberty either to answer them as part of an exchange in Committee or to answer them later. Therefore my noble friends Lords Elton and Lord Forsyth will be in order when they next ask the question. They were out of order when they tried to prevent the Lord Speaker from putting the Motion.

[Lord Elton]

My Lords, the noble Lord has made a moving, interesting and in some ways compelling speech, but he omitted the prior question. He has not answered any of the points made by my noble friend the Leader of the House and has given no reason for riding roughshod for the first time for decades, if not centuries, over the advice of the Clerk, upon which the smooth running of the House depends. I do think he ought to give us his reasons for so doing.

--- Later in debate ---

[Lord Falconer of Thoroton]

My Lords—

[Baroness Anelay of St Johns]

My Lords, I think that it is the general mood of the House that it is time to hear from the noble and learned Lord, Lord Falconer, from the opposition Front Bench.

[Lord Falconer of Thoroton]

My Lords, I am obliged to the Chief Whip. Amendments are admissible in this House if they are, to quote the Companion,

“relevant to the subject matter of the Bill and to the clause or Schedule to which they are proposed”.

As is well known, the Public Bill Office has advised your Lordships that this particular amendment is not admissible. The view of the movers is that the amendment is relevant and therefore admissible. I share that view. The first question for your Lordships today is: how is a disagreement such as this to be resolved? The Companion specifies that the Public Bill Office advises on whether an amendment is admissible and it is expected that that advice will be taken. The Companion states that the decision on admissibility—again, it makes this clear—can ultimately be decided only by the House itself. It lays down a procedure; namely, it requires the Leader to put the advice of the clerks. While normally the advice of the Public Bill Office will give rise to no difficulty and will be plainly right—hence the expectation—if the mover of the amendment has good reason to contend that the amendment is relevant, and he or she has discussed it with the Public Bill Office and still holds that view, then he or she is entitled to put it to the House.