Enterprise and Regulatory Reform Bill

Lord Elystan-Morgan Excerpts

Monday 18th March 2013 Lords Chamber

[Lord Phillips of Sudbury]

My Lords, I apologise to my noble friend the Minister for not raising this rather gritty little point before this debate, but of course this is all hot off the press. There could be a lacuna in this amendment. It requires the approval of Parliament for any amendment to the royal charter or dissolution of the recognition body. However, might it be possible—and one is thinking of possibly years hence—that the newspaper industry could decide not to dissolve these arrangements but simply to sidestep them by establishing a parallel and separate body? I would like to have the answer to that question, because I think it is germane.

[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.

--- Later in debate ---

[Viscount Younger of Leckie]

As I say, talks are ongoing, so it is best if I respond to noble Lords on the matter raised initially by the noble Lord, Lord Foulkes.

The noble Lord, Lord Elystan-Morgan, asked whether arbitration would be free to use for complainants. I can confirm that the charter provides that a self-regulator must provide an arbitration process that is free to use for complainants. The noble Lord also asked whether freedom of information would apply. Shortly we will debate an amendment on freedom of information, but the Government do not intend to extend the Freedom of Information Act to the regulatory body or, indeed, the recognition body.

[Lord Elystan-Morgan]

My Lords, the real question I raised is whether the royal prerogative in relation to charters, which is utterly sovereign, can be circumscribed in any way by any decision of Parliament. Has the noble Viscount obtained specific advice and information on that matter?

[Viscount Younger of Leckie]

No. The noble Lord deserves a full answer to that question. I think that the best thing would be for me to come back to him in writing.