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

Lord Newton of Braintree Excerpts

Thursday 2nd February 2012 Lords Chamber

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords, I accept the invitation that the noble Baroness the Leader of the Opposition has made. First, the decision on when we will take Lords consideration of Commons amendments on the Welfare Reform Bill will be made in the usual channels in due course and will then appear on the Order Paper, which I hope will be for the benefit of the House. We will have the discussions in the usual channels as soon as possible.

Secondly, the clerks of the House stand ready to give any noble Lord procedural advice, but perhaps I may repeat something that I said yesterday afternoon: namely, that privilege is nothing new, having existed for nearly 350 years, and that any amendment with implications for public expenditure might involve privilege, but that it is a matter for another place, not for me or us. As the previous Clerk of the Parliaments stated in a recently published memorandum,

“until the Commons asserts its privilege, the Lords is fully entitled to debate and agree to amendments with privilege implications”.

There is nothing new in any of this. The Commons asserts its privilege in almost every Session. It has done so already this Session and did so regularly in the previous Parliament. Indeed, the previous Department of Work and Pensions Bill that attracted financial privilege was in the Session 2006-07 when the noble Lord, Lord McKenzie of Luton, himself was the Minister.

It is also worth reminding noble Lords that the Joint Committee on Conventions, which sat under the chairmanship of the noble Lord, Lord Cunningham and reported in 2006, said:

“If the Commons have disagreed to Lords Amendments on grounds of financial privilege, it is contrary to convention for the Lords to send back Amendments in lieu which clearly invite the same response”.

The House took note, with approval, of that report on 16 January 2007. If the Commons has asserted privilege, it is simply not profitable for this House to persist.

I hope that that is a helpful explanation of where we are, but I am grateful to the noble Baroness for giving me the opportunity of making this short statement.

[Lord Newton of Braintree]

My Lords, I do not know whether this is in order, but if it is I would like to do it. My noble friend should know that concern about this matter is not confined to the other side of the House. I also think that, notwithstanding what has just been said or what the previous Government may or may not have done in 2006, this raises real questions about the relationship in practice as it has existed over many years between the two Houses of Parliament. I think that we are entitled to an opportunity to hear a Statement and ask questions about just where that relationship is now going.

[Lord Grocott]

My Lords, I am prompted to stand because of the reference to the Cunningham committee on conventions. I simply put this serious question to the Leader of the House. I recognise the great difficulty at times—which was expressed in the length of his answer—in interpreting financial privilege, and the difficulty that he has in convincing Members of the House, including Members on his own side about if and when it should be applied. But can the noble Lord imagine himself telling 300 elected senators that matters such as benefits received by cancer patients or for disabled children were none of their business whatever and if any of their constituents raised any of those issues with them, as constituents inevitably would, they would have to explain that there was nothing they could sensibly do because it was not within their powers?

His position in trying to justify and hold that line would be quite impossible. Clause 2 of the draft Bill as it stands, which still insists that there will be no change in the conventions between the two Houses in the event of an elected House, is absolute nonsense. I therefore just put it to him as I did in perhaps less impassioned terms yesterday, that this is really an issue that the committee under the chairmanship of my noble friend Lord Richard must examine before it reports and advises the two Houses of Parliament.

Health and Social Care Bill

Lord Newton of Braintree Excerpts

Wednesday 1st February 2012 Lords Chamber

[Baroness Farrington of Ribbleton]

My Lords, in my experience there are two issues. One is the matter of degree. I hope that the Leader of the House will agree that this is not a clear, black and white issue in terms of the individual parts of a Bill that could be declared financial privilege or the range of parts of a Bill that could be declared financial privilege.

Secondly, the Leader of the House said the week before last in your Lordships’ Chamber, and I hope that I recollect his words accurately, that obviously a wholly or partially elected second Chamber would exercise greater authority and power and have greater legitimacy. Does the Leader of the House believe that people would stand for election were huge chunks of legislation to be declared beyond their competence?

[Lord Newton of Braintree]

My Lords, to avoid repetition, I say that I would still like to hear answers to the questions raised by my noble and learned friend Lord Mackay, the noble Lord, Lord Rooker, and the noble Baroness, Lady Hollis—what is the point against this background? Also, what is the application to the Bill that we are about to get back to, the Legal Aid, Sentencing and Punishment of Offenders Bill, where a lot of money is also involved? Are we completely wasting our time?

[Lord Elton]

Would my noble friend enlighten me? I think I know the answer to this, but I may well be wrong: the more an amendment changes the volume of money in issue, the more likely a Bill is to become a money Bill. If that is the case, we all know where we are: it is just a question of how high the bar is.