Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015

Lord Wills Excerpts

Monday 26th October 2015 Lords Chamber

[Baroness Stowell of Beeston]

What I do know, and I really feel this sincerely, is that noble Lords take their responsibilities very seriously. We are in an unprecedented situation. We either believe in the financial primacy of the other place, as has been in place for well over 300 years, or we do not.

There is a way for this House to express its view on the policy. It would be absolutely within this House’s proper function and responsibility to do that by supporting the right reverend Prelate’s amendment should it choose to. However, if the House decides to accept any of the other amendments we will be withholding this House’s approval for something that the other place has already approved.

[Lord Wills (Lab)]

I think I understood the noble Baroness correctly when she said a few moments ago that she accepted that there were circumstances in which this House could withhold approval of a statutory instrument. However, she said that that should not be on the grounds simply because this House disagrees with it—I think I am quoting her directly. Can she therefore say in what circumstances she thinks it appropriate for this House to withhold such approval?

[Baroness Stowell of Beeston]

When I quoted that from the Joint Committee on Conventions’ report, the point I tried to emphasise was that it is rare for this House to disagree to any piece of secondary legislation. The Joint Committee made it clear that, because it is very rare and because the Government are rarely in a majority in this House, it would be inappropriate for this House to vote down a piece of secondary legislation just because the opposition parties have the numbers to do so and do not approve of that measure. My point is that this situation invokes something that we have not seen before: noble Lords have tabled amendments that would prevent this piece of secondary legislation leaving this House and being approved. If the House were to do that—if it were to completely reject it outright or to withhold it—we would be challenging the financial primacy of the other place.