Privileges and Conduct Committee

Debate between Viscount Hailsham and Baroness Falkner of Margravine

Monday 17th December 2018 Lords Chamber

[Viscount Hailsham]

It was laying down general principles of natural justice and fairness—that is the point. I believe that they have an application for all these proceedings. The recommendations in the 1999 report do not stand alone. Incidentally, the membership of that committee was extraordinarily distinguished. It included not only Lord Nicholls of Birkenhead but a former Lord Chief Justice, a former Attorney-General, a former Solicitor-General and two former Home Secretaries. Their views were not lightly to be disregarded.

In substance, they were repeated in the 1995 report on standards in public life. Again, they are substantially the same as those made in 1967 by the Select Committee on Parliamentary Privilege—again, a different context, but with principles of general application. That committee recommended that the rights granted to a person against whom a complaint is made should include the right to examine, cross-examine and re-examine witnesses and to make submissions to the Committee, including by an authorised representative. In the spirit of due diligence—

[Baroness Falkner of Margravine (LD)]

Does the noble Viscount accept that none of the cases he is speaking about mentions sexual misconduct—as paragraph 4 of appendix 2 on page 18 points out? Did he hear the intervention by the noble Baroness, Lady Kennedy, which absolutely emphasised that standards of conduct have moved on and that the context to which he refers is not the context in which women today expect to be treated—and to which I should say men would probably also ascribe? Does he accept that the House wishes to move on and that his peroration, although enormously important, could perhaps be put to the committee in writing—not because we are disinterested in what he has to say but because I am sure the Senior Deputy Speaker will accept that there might be a consultation where we will all have the ability to express our views on future conduct? We are now dealing with the report in hand and it would be expeditious if Members could keep their speeches relatively brief so that those of us who also want to intervene might have an opportunity to do so today.

[Viscount Hailsham]

That might apply also to interventions.

European Union (Withdrawal) Bill

Debate between Viscount Hailsham and Baroness Falkner of Margravine

Report: 3rd sitting (Hansard): House of Lords
Wednesday 25th April 2018 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, I serve as the legal assessor to regulatory panels and in the course of that, we have to address the meaning of the word “necessary”. The panels that I work with, as a general proposition, have no difficulty in identifying the meaning of that word. It is also used as useful protection for people because it is a higher threshold than “appropriate”, “desirable” or a range of other words that are used. I say to the noble Baroness that in my experience as a regulator, “necessary” does not constitute a difficulty along the lines that she has suggested.

[Baroness Falkner of Margravine]

I completely accept the long experience that the noble Viscount, Lord Hailsham, has. I referred specifically to time in case there is a financial crisis. That is when regulators have to resolve institutions fairly quickly in co-operation with one another. That is a danger that we face at this point—10 years into the last one.