Electoral Registration and Administration Bill

Andrew Stephenson Excerpts

Tuesday 29th January 2013 Commons Chamber

[John Thurso]

I recall very well that, when I and others were given their P45s and left that place, one of the discussions that we had was about why on earth we in the other place should not register dissent on secondary legislation. Indeed, that has occasionally happened, which serves to demonstrate that there is a changing dynamic. Because of that changing dynamic, we need to look at the constitutional arrangements in the round, and that topic will form the substantive element of the last part of my argument.

[Andrew Stephenson (Pendle) (Con)]

In the other place, by convention their lordships defer to what the Clerks say. Over the past 20 years, on the five occasions when amendments have been deemed inadmissible by the Clerks, they have deferred to the Clerks’ superior knowledge. In this House, such an amendment would be deemed to be outside the rules and we rightly follow the rules set out in “Erskine May”. Does my hon. Friend think we in this place should continue to follow those rules, or should we throw “Erskine May” in the bin?

[John Thurso]

My hon. Friend is asking me to ponder questions that go slightly above my pay grade, because one person alone can make those decisions in this House: Mr Speaker. It is entirely up to Mr Speaker to accept or reject the advice given. I therefore refer my hon. Friend to the remarks made by Baroness Boothroyd, a former Speaker of this House. She said there were occasions when she had gone against the advice given to her by the Clerks. We do not know when that happens, however, for the simple reason that that is the prerogative of the Speaker, and we accept it without question.