UK Parliament / Open data

Parliamentary Standards Bill

Picking up on the point that was made a moment ago by the hon. Member for West Aberdeenshire and Kincardine (Sir Robert Smith), the hon. and learned Gentleman is making much of the question of potential justiciability, but there is no basis or warrant for that claim on the basis of a change of name. Does he accept, however, that there is a fundamental distinction to be made between clause 6 and clause 5? There was anxiety—however loosely founded it may have been, I accept that it had a basis in fact—that, because the duty in clause 6 was placed on the House, the House could have been the subject of judicial review. That would have run straight into issues of privilege, which is why I was happy to withdraw that clause. The duties under clause 5, however, are on a statutory authority, and it is completely standard for duties on such an authority to be subject to scrutiny by the courts.

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Reference

495 c248 

Session

2008-09

Chamber / Committee

House of Commons chamber
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