Arrangement of Business

Lord Phillips of Sudbury Excerpts

Wednesday 31st October 2012 Lords Chamber

[Lord Richard]

My Lords, following on from the point that has just been made, as I understand the position in the House of Commons, if this were to happen there, the clerks would advise the Speaker. The Speaker would then consider the advice and would decide whether or not he wanted to accept it. If he decided that he wanted to accept it, he would rule the amendment inadmissible and therefore it would not be taken. If, on the other hand, he decided to overrule the clerks’ advice, which he is perfectly entitled to do, he could decide that the amendment was admissible and it would then be taken.

This House is self-governing; we do not have a Speaker. Who plays the role of the Speaker to decide that issue in this House? The answer is: the House as a whole. Therefore, we are in the same position as the Speaker of the House of Commons. We have been presented with advice from the Clerk, which I have not yet seen, as to a certain course that should be pursued. Just as the Speaker in the House of Commons can accept or reject that advice, so this House can accept or reject this advice.

[Lord Phillips of Sudbury]

My Lords, in order that we might use the time for reflection to best effect, would it not be highly desirable if the opinion which I understand has been taken by the noble Lord, Lord Hart, or others of the group pressing the amendment, was made available to us? We could then take that into account along with the advice given by the Clerk. Is my noble friend the Leader of the House aware whether that might be enabled?

[Baroness Royall of Blaisdon]

My Lords, might I answer that point? I shall ask my noble friend whether he will agree to place the opinion of counsel in the Library of the House alongside that of the Clerk of the House.