Housing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2012

Debate between Lord Elystan-Morgan and Lord Martin of Springburn

Thursday 2nd February 2012 Lords Chamber

[Lord Martin of Springburn]

My Lords, I had no intention to come in yesterday and I had no intention to come in today. I rise only to try and be helpful, if that is possible. I took the bother to find out in Hansard what the Speaker said. He said:

“I must draw the House’s attention to the fact that financial privilege is involved in a substantial number of Lords amendments”.

He did not say “all” the Lords amendments, but a “substantial number”.

“If the House agrees to these amendments, I shall ensure that the appropriate entry is made in the Journal”.—[Official Report, Commons, 1/2/12; col. 826.]

He was not saying any more than that it would be put in the Journal—in other words, it would be put in the minutes of the meeting. I think we are making heavy weather of this matter, if you do not mind me saying so. The House down the other end rejected the amendments. Those amendments then come back to us for consideration; and when they do, each and every one of us can go and seek advice from the Clerk of the Parliament and we can also get a Statement from the Leader of the House—it is a tall order.

It has been hinted again that there might have been influence from the Government on what the Speaker had to say. Let me say that it was like penance every week having to listen to both the opposition and government Chief Whips because they were always complaining and moaning. However, the one thing when it comes to privilege is that it is the Speaker and his advisers alone who decide. The worst thing that a government Whip—or an opposition Whip, if he feels it is to his advantage—can do is to come to the Speaker and seek to influence matters like this. It would be counterproductive. I ask noble Lords to wait until the amendments come. I hope I have not given the Clerk of the Parliaments too onerous a task.

[Lord Elystan-Morgan]

My Lords, I wonder if the Minister will agree that the letter of the law has been absolutely clear for three centuries—any money element can give rise to a situation where privilege can be successfully claimed. However, it is not entirely clear, from looking at Erskine May, whether it turns on some discretion vested in the Speaker or in interpretation, although it may very well be that the same result is achieved in the end. One either has a liberal view of the situation or a much narrower one. Looking at it legalistically, there is a world of difference between a range of interpretation and a range of discretion. Might I respectfully suggest that this can be settled only by discussion at the highest level and in the most statesmanlike way with the other place; otherwise, a great deal of the function of this House as a revising Chamber will be totally emasculated?