Health and Social Care Bill

Debate between Lord Mackay of Clashfern and Lord Martin of Springburn

Wednesday 1st February 2012 Lords Chamber

[Lord Mackay of Clashfern]

I wish to question the timing of such a decision on the part of the Speaker. It seems somewhat of a waste of time if your Lordships debate provisions which turn out to be completely sacrosanct because of the decision on privilege made at the other end. The expense involved in your Lordships coming here and taking part seems a waste of taxpayers’ money at a time of considerable austerity if the whole procedure is useless. I suggest that the timing of such decisions needs to be looked at.

[Lord Martin of Springburn]

Perhaps it would help the noble Baroness, Lady Hollis, if I were to say to her that no Speaker takes these decisions lightly. It is not done with representation from the Government, in the sense that they come in and say, “We want to do it this way and you’ll give us a hand, Mr Speaker”. Perhaps I can give an insight into what happens in the Speaker’s study: the Speaker takes advice from the clerks—I stress that is clerks in the plural. You have clerks there who act like the devil’s advocate and put a contrary view. They end up giving strong advice to the Speaker. Therefore, the Speaker is independent in this matter of Government and Opposition—let us not kid ourselves that the opposition Whips are not often in there pounding the ear of the Speaker. If the Speaker’s signature goes on that piece of paper, it is done very sparingly and with considerable advice from those who are experts in this matter.

Health and Social Care Bill

Debate between Lord Mackay of Clashfern and Lord Martin of Springburn

Wednesday 7th December 2011 Lords Chamber

[Lord Mackay of Clashfern]

I hope that it would be possible for the decision to be available at the beginning of Report stage.

[Lord Martin of Springburn]

My Lords, I have listened carefully to what all noble Lords have said. I was interested in what the noble Lord, Lord Pannick, had to say. He often advises me on legal matters, so perhaps he can advise me further. If the information comes to us as an open House, it will be public information. Therefore, to say that it comes before noble Lords means that it becomes available to everyone.