Planning Bill

My Lords, the statement made by the noble Baroness the Leader of the House goes to the heart of the relationship that exists between the two Houses when we are dealing with what I would call the conversation between them when we are engaged in the consideration of Commons and Lords amendments. The noble Baroness has rightly pointed out that there is a long established position that this House does not insist on an amendment where the other place cites financial privilege, and no one, least of all me, is trying to change that. However, as my noble friend Lord Jenkin pointed out, that is an immense power for the other place, and as we all know given the way the other place works, it means that it is an immense power for the Government. The issue that will need to be resolved, if not today then at some stage in the future, is how wisely and justifiably that power is used. Yesterday, when this issue was debated in another place, my honourable friend Jacqui Lait and Julia Goldsworthy for the Liberal Democrats contested whether this was an appropriate case for the citing of privilege. Miss Goldsworthy pointed out that, if this was accepted, your Lordships’ House might be forbidden from having any say in regulations on council tax, business rates or other local matters, while my honourable friend cited other provisions such as the climate change levy, in which noble Lords have a great and legitimate interest. The Government therefore did not seek to debate the substance of my noble friend’s amendment in another place last night; they simply declared it unconstitutional and cited privilege. I do not think that that is good enough. The Government should not hide behind the principle of privilege as a matter of course, because what is constitutional should be a matter for the whole of Parliament. Parliament should not accept the use of the privilege amendment in cases of doubt simply to stifle debate, which is the impression that the Government have given in dealing with my noble friend’s amendments. After all, if the amendments of your Lordships’ House are not to be discussed, what is the point of this House ever agreeing to any amendments? I ask the noble Baroness to consider this matter carefully with her colleagues in another place, with Members of this House and, perhaps, with the Clerk of the Parliaments and his opposite number in another place to see how this issue can be resolved. If the rights of your Lordships are well understood—not only in their limits but in their reality and usefulness—then none of us should see those rights lightly eroded.