Housing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2012

Lord Forsyth of Drumlean Excerpts

Thursday 2nd February 2012 Lords Chamber

[Lord Elystan-Morgan]

My Lords, I wonder if the Minister will agree that the letter of the law has been absolutely clear for three centuries—any money element can give rise to a situation where privilege can be successfully claimed. However, it is not entirely clear, from looking at Erskine May, whether it turns on some discretion vested in the Speaker or in interpretation, although it may very well be that the same result is achieved in the end. One either has a liberal view of the situation or a much narrower one. Looking at it legalistically, there is a world of difference between a range of interpretation and a range of discretion. Might I respectfully suggest that this can be settled only by discussion at the highest level and in the most statesmanlike way with the other place; otherwise, a great deal of the function of this House as a revising Chamber will be totally emasculated?

[Lord Forsyth of Drumlean]

My Lords, may I just add to that point made by the noble Lord? I respectfully suggest to my noble friend the Leader of the House that he has a duty to the House as a whole, as well as to the Government’s interests. There have been a series of events that give the impression that the other place, which increasingly sends legislation up here that is not properly considered and debated, is treating this place with some contempt, not least of which is the suggestion that the Parliament Act might be used in respect of the reform of this place. I suggest to my noble friend that the time may have come for him to assert his authority as Leader of the House and have a frank chat with some of his colleagues.

[Baroness Royall of Blaisdon]

My Lords, I note all that has been said and the wisdom that has come from many Members of this House. I have two questions for the noble Lord. First, could he confirm that if the Government so wished they could waive financial privilege? Secondly, in the light of all that has been said in this very short debate and the importance of the work being undertaken by the Joint Committee in relation to conventions, I think that the House as a whole would welcome a Statement from the noble Lord on Monday to further discuss these issues.