My Lords, I have read the report and listened most carefully to the Chairman of Committees. This is probably down to my gross mental inadequacy, but could the Chairman of Committees explain more fully to the House the difference between the sanction proposed for imprisonments of under one year and that for imprisonments of over one year?
I will make a general point first. This House has responded to individual abuses of the scheme in a way which has shown that it has not been prepared to duck the issue: it has tightened the regime, and tightened it quite significantly over a period of months and years. That is to the credit of this House as a self-regulating House in the full and proper sense of the word. I agree that many people, including some of your Lordships, are enormously frustrated that because of the Writ of Summons, it has not been possible to move to exclude individual Peers even in the most severe circumstances. However, that has now been tackled through the new legislation and through what we are putting in place here.
On the detailed point about the difference between imprisonments of over one year and those under one year, imprisonments of over one year mean that it is going to be expulsion while for those under one year the House will work out a sanction for itself. That is the difference: under one year it is not automatic expulsion while over one year it is.
I will deal with the point made by the noble Lord, Lord Richard. The commissioner has said that there are two conditions that your Lordships have to fulfil to make a valid claim. He has come to that on the basis of what we have agreed in the Guide to the Code of Conduct, the Guide to Financial Support for Members and the certificate that we sign when we make our claims. On the basis of those documents, two conditions have to be met. The first is that the Peer has to be present in the Chamber or at a committee meeting—presence has to be established. However, that in itself is not a complete fulfilment of the conditions.
The second condition is that parliamentary work has to be undertaken for every day that is claimed. That is not defined, and it would be very difficult to get into definitions, but it rests on the concept of personal honour. When this concept of personal honour started to be developed, I was one of those who thought that it was rather a woolly notion and could be easily evaded by someone saying, “Well, in my view, I did act on my personal honour and who are you to say that I did not?”. However, it has proved an enormously powerful concept, because we have got to the stage where it has been operationally developed and applied to cases where it was made abundantly clear that the individuals concerned had not acted in terms of personal honour. The definition is not a subjective definition: it is a more objective definition based on the meaning of personal honour in a particular case and how it would be interpreted by the House generally. That has proved to be the basis on which five people have been suspended, so it has had a very strong and robust application.
I think the logical problem at this stage is that I can give no guarantee that it will not have unintended consequences, because they will by definition be unintended.
Did the Procedure Committee give any consideration to extending the time above one hour if, for instance, more than 20 people were down to speak on a particular QSD, thereby limiting those Back-Bench speeches to two minutes?
I appreciate the noble Lord’s point, but on this occasion the committee did not give specific consideration to that. However, I am aware that speeches are increasingly being limited to a very short period of time indeed.
Motion agreed.