Identity Documents Bill

Lord Low of Dalston Excerpts

Tuesday 21st December 2010 Lords Chamber

[Lord Phillips of Sudbury]

My understanding of the conventions is that we have no right to impose expenditure on the Commons and this is an expenditure provision—an expenditure of £30 per card surrendered. However, that is another matter on which we must have absolutely clear advice. It would be folly for us to go ahead today—

[Lord Low of Dalston]

If we cannot contest the issue of financial privilege, why is it being raised at this stage when it was not raised when we debated the matter previously? If it is a matter of financial privilege, why was it permissible for this House to debate the matter previously and to pass the amendment that it did? Would it not have been appropriate to make the point that this was a matter of financial privilege and not open to the House at that stage?

[Lord Phillips of Sudbury]

I am obliged to the noble Lord for his intervention—of course, he is right—but I took some comfort on the day that we debated and passed the amendment from the fact that my noble friend the Minister made no reference to privilege. I took that, obviously fallaciously, as indicating a potential open-mindedness on the part of the coalition Government, my Government, to think again on this issue were we in this House to pass the amendment that we did. That is my third point: regardless of whether the two legal issues here are stoppers, I would have hoped—even at this stage, given that views across this House have been expressed with not a single voice in favour of what the Commons are proposing to do vis-à-vis the amendment—that my noble friend would be able with my other friends in government to do the right thing. The right thing is abundantly clear. My noble friend talked of effectiveness and efficiency. It is not effectiveness or efficiency that we are talking about here; it is fairness, which is the single most important claim made by my Government. I want to see them walk the talk.

--- Later in debate ---

[Baroness Neville-Jones]

I think what I said was that I could not confirm that the law officers had been consulted, and I cannot confirm that today either. I am afraid that I cannot take this issue any further. We believe that we are acting lawfully; I would hope that that was a good answer to the House. We are acting lawfully.

[Lord Low of Dalston]

If it is the case that the Minister cannot confirm whether or not the law officers were consulted, is she in fact confirming that she did not go back and seek the advice of the law officers, as the House had requested and as she had undertaken?

[Baroness Neville-Jones]

I am neither confirming nor denying; I am simply saying that I cannot take this any further.