Health and Social Care Bill

Lord Rooker Excerpts

Wednesday 1st February 2012 Lords Chamber

[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.

[Lord Rooker]

My Lords, that being so, and referring to the Motion that we are debating at the moment, would it not be for the convenience of everybody concerned with the Health and Social Care Bill if, for every amendment tabled, we knew before we debated it on Report in this House that it was subject to financial privilege? We would then know that we were wasting our time, as the noble and learned Lord, Lord Mackay, said. The problem is the lack of knowledge. If we know beforehand and we have a certificate for a money Bill, we know that it is a money Bill. We do not know that with domestic policy Bills. If particular amendments are a cause for concern among the authorities of the other place, that should be signalled before we debate the issue in this House.

[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?