House of Lords (Expulsion and Suspension) Bill

Debate between Lord Johnson of Marylebone and Philip Davies

Friday 6th March 2015 Commons Chamber

[Philip Davies]

One issue that has not been resolved is what constitutes “public knowledge”. Is it something that is known widely and has perhaps appeared in the mainstream media, so people have had a good opportunity to know it? Alternatively, could it be something that is hidden away in a blog somewhere, which in theory is in the public domain, but which nobody has much of an opportunity to know about? What “public knowledge” means is a bit woolly because these days, with the internet, most things are out there somewhere.

[Joseph Johnson]

The application of the power is wisely, in the Government’s opinion, left to the judgment and discretion of the House of Lords. Amendments 13 and 15 would require “public knowledge” to be further defined. The Government consider that that would be likely to lead to more difficulties than leaving it in broad terms. The Bill allows for

“the opinion of the House of Lords”

to be given so that each case may be taken on its own merits, rather than attempting to fix the phrase “public knowledge” as a legal concept.