(5 days, 14 hours ago)
Lords ChamberI speak very briefly in favour of the Motion. As the noble and learned Lord, Lord Falconer, said, this is not about support or opposition to the Bill. It is about how your Lordships’ House deals with a controversial piece of legislation, passed by the other House, which has come to us as a Private Member’s Bill. It is not an easy question, and it is a slightly unusual position. One can adduce very sensible arguments in favour of whatever position one wants to take; we all have our own views.
Many people have been in this House far longer than I have, but this issue is not just for this House; it is for Parliament and for the other House. I come to this after 40 years in the other place, where I had responsibilities, among others, for managing parliamentary business and relationships with your Lordships’ House. I mind, as others do, about the reputation of Parliament at a time when we are under increased scrutiny.
In a nutshell, my view is that the House should carry on with its traditional role of scrutinising and, if necessary, amending legislation, but crucially, the final decision as to whether this controversial piece of legislation reaches the statute book should be taken by the other place and not by us. At the end of the day, they are accountable to the electorate for the progress of this Bill. That is what the Motion seeks to do and that is why I support it.
My Lords, I apologise for writing an email to everyone in the House, but I did so because the Motion is extremely important and I strongly support the noble and learned Lord, Lord Falconer. This is probably one of the most important Bills to come before this House in recent years, as all noble Lords will know. It is unfortunate that it is a Private Member’s Bill, because that presents additional problems. I do not like the Bill, but we have it and we have to deal with it.
(9 years, 1 month ago)
Lords ChamberMy Lords, is the noble Lord, Lord Low, correct to say that a box was omitted from the form? If a box was omitted that should have been there, it seems to me that the department was at fault and therefore a question of law preventing compensation would not arise.
The noble Baroness knows much more about the law than I do. It was indeed the case that, when a parent applied for DLA for a disabled child, they could tick a box indicating whether they were claiming tax credit. If they ticked the box, HMRC was automatically told and the benefit was automatically uprated. That is described as a back-up cover, and the law is quite clear that none the less, notwithstanding the box, it is still the responsibility of the claimant to notify HMRC of the change in circumstances. When you apply for tax credit, it says on the form that if your circumstances change you should advise HMRC. I have looked at this extensively this morning. I have given the reply that I have about the Government’s ability to make compensation for earlier years and the advice that they cannot under the legislation; and I have suggested in good faith a way through that might meet the injustice that many noble Lords feel has occurred.