Country of Origin Marking (Manufactured Goods)

Debate between Tristram Hunt and Lindsay Hoyle

Wednesday 27th February 2013 Commons Chamber

[Tristram Hunt]

I am happy to give way.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Jim Shannon!

Fixed-term Parliaments Bill

Debate between Tristram Hunt and Lindsay Hoyle

Wednesday 24th November 2010 Commons Chamber

[Tristram Hunt]

My hon. Friend is right, and I shall come in a moment to the Hunting Act 2004, which is another piece of legislation that was open to judicial review. In the courts at the moment, there is the extraordinary situation of an election court judging my—I not sure of the correct parliamentary terminology—previous hon. Friend the Member for Oldham—

[The Chairman]

Order. We will not stray down that path, as the matter is before the courts. We must return to the amendment.

[Tristram Hunt]

Thank you, Mr Hoyle. That proves my point—the areas where we cannot go because they are before judges are increasing.

In his written statement, the Minister simply cites article 9 of the Bill of Rights 1689, and leaves it at that. It provides that

“proceedings in Parliament ought not to be impeached or questioned in any court”,

and he said he could see

“no reason why the courts would not continue to defer to them”.

The comity between Parliament and the courts has relied on the fact that the internal proceedings were entirely matters for the House’s jurisdiction. Its procedures arising from Standing Orders or resolutions cannot be legally challenged, but statute law can. That is the extraordinary development in the Bill.

--- Later in debate ---

[Tristram Hunt]

rose—

[The Chairman]

Order. We are in danger of straying into amendment 6, and I would like hon. Members to come back. I am sure that that is what the hon. Member for Stoke-on-Trent Central (Tristram Hunt) was about to do.

[Tristram Hunt]

I was about to come straight back to amendment 33; I will not be led too far astray.

Reference has been made to the new Supreme Court on the other side of Parliament square, which gives the capacity for amendments relating to the self-governing of this place, such as amendment 33, to be overturned by the actions of judges. The Clerk of the House has further warned us of the not infrequent need in recent years for interventions by the Speaker of the House of Commons to protect parliamentary privilege in the courts. As the hon. Member for Stone knows far better than we do, these matters can go from here across Parliament square and even to Europe.

All we want from the Minister is some clarity on this issue, and evidence of some slightly more rigorous thinking than the rushed elements that we have had so far. Rather than being slightly dismissive of the fears expressed by the Clerk of the House, will he provide us with some certainty and a clear answer to the question on statutory instruments and the certificate?