Enterprise and Regulatory Reform Bill

Baroness Deech Excerpts

Monday 18th March 2013 Lords Chamber

[Lord Elystan-Morgan]

My Lords, I wholeheartedly applaud the intentions of those parties that have brought about this compromise and their integrity. I make that observation, however, subject to one factor. If I am indulging in a pettifogging lawyers’ argument then I apologise if it has no substance. However, if I happen to be right, it will be something that I can regale my grandchildren about for some time to come. A royal charter is, of course, a sovereign prerogative. How far can that prerogative be circumscribed, if at all, by any decision of either or both Houses of Parliament?

Let me test my doubt in this way. The creation of Peers, as we well know, is the prerogative of Her Majesty the Queen. Any decision taken by either House to circumscribe that authority to the slightest degree would be invalid. If I am correct in that submission, does it not apply to this situation equally so? In other words, any decision by both Houses of Parliament to circumscribe that absolute, sovereign royal authority will be less than valid. It may well be, and probably would be the case, that Her Majesty would graciously surrender her prerogative, but that is a different matter. I am raising this point now as a very narrow, legalistic point, and I would be grateful if I could be told exactly what the constitutional answer to it is, if you please.

[Baroness Deech]

My Lords, following on from my noble friend’s comments, will the Minister explain how any future Parliament could be stopped from repealing this amendment by a simple majority? There is, as far as I understand it, no such thing as entrenchment in our law because our Parliament is sovereign. Were a future Parliament to become extremely annoyed with excesses of the press in some way or whatever it might be, I cannot see any mechanism for preventing a future Parliament from simply repealing this amendment by a straightforward majority.

[Lord Wigley]

My Lords, I intervene very briefly to indicate that it is not just the three main parties that have taken an interest in this. To the extent that it has been possible for my colleagues in another place to be in communication with the larger parties, we are grateful to have been in on the arguments.

I added my name to the subsequent bank of amendments, which may or may not be necessary now, so perhaps I may raise two questions to the Minister. First, will any new commission or regulatory body be subject to freedom of information applications? Secondly, can we have an assurance that any arbitration service will be free for claimants to use so that ordinary people can have their opportunity to get redress against being abused by the media?

--- Later in debate ---

[Viscount Younger of Leckie]

I think it would be best to address that question in the next group of amendments. As I mentioned, we have tabled some amendments there and I will address the point then.

I believe that the noble Baroness, Lady Deech, raised the issue of dissolution. I think it is best if I quote from the draft charter:

“This Charter, and the Recognition Panel created by it, shall not be dissolved unless information about the proposed dissolution has been presented to Parliament, and that proposal has been approved by a resolution of each House. For this purpose ‘approved’ means that at least two-thirds of the members of the House in question who vote on the motion do so in support of it”.

That is how I read it.

[Baroness Deech]

With all due respect to the Minister, what I asked him about was this: what is to prevent the amendment that I imagine we are about to pass in order to bring the royal charter being repealed by a future Parliament of a different nature?