Commons Financial Privilege

Debate between Lord Clarke of Nottingham and Lord Grayling

Wednesday 28th October 2015 Commons Chamber

[Chris Grayling]

I have great respect for the hon. Gentleman’s experience as a parliamentarian, but he will not be surprised to learn that I tend not to anticipate the outcomes of reviews before they have even started. I said a moment ago that we would publish full details of the terms of reference and the full review panel in due course, so he will have to wait to see the full detail when we bring it to this House. There is no restraint on any Committee of this House from carrying out any inquiry that it wishes to conduct, within its remit. Lastly, on primary legislation, it is a simple fact that tax credits are classified as a benefit. They cannot be included in a money Bill. You, Mr Speaker, would not certify a Bill containing a reference to tax credits as a money Bill, so I do not know what the hon. Gentleman is talking about.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

Does my right hon. Friend recall that the 2002 Act was produced by Gordon Brown precisely to keep tax credits out of a Finance Bill so that he could alter them by statutory instrument and raise them before elections without proper scrutiny? Will he confirm that the Labour and Liberal peers, having discovered that they have a large party political majority in the upper House, are using it with increasing frequency and that they have cast a vote that is totally contrary to every sensible understanding of the constitutional position for the past 100 years? Indeed, the situation is an exact replica of the Conservative peers foolishly voting against Lloyd George’s Budget.

The Lords does not vote against Budget measures. So although I welcome the advice of my noble Friend Lord Strathclyde, for whom I have enormous respect, will my right hon. Friend not delay too long before bringing forward legislation that sets out clearly what convention has previously established? If the Lords keep repeating these party political votes, it will be almost impossible to have stable government taking firm and difficult decisions for the remainder of this Parliament, when presumably they will start misbehaving with ever more frequency.

[Chris Grayling]

I share my right hon. and learned Friend’s concerns. He makes his point with his usual wisdom, and I hope very much that Lord Strathclyde will address the issues to which he refers. It is essential that these matters are dealt with. It is worth remembering that in 13 years of Labour government, the Labour party did not have a majority in the House of Lords, yet Conservative peers and others respected the conventions. It is a great shame that Labour and the Liberal Democrats clearly have no intention of respecting the conventions and will cast them out of the window, which will fundamentally change the relationship between the two Houses.