A Member of Parliament should be responsible to his constituents, not to the courts, a point that was made by many noble Lords at Second Reading. Will IPSA decisions be justiciable, will they be protected by Clause 1 or do we need the protection of one or other of these amendments? It is a question of the code of practice.
If they remain justiciable in the courts, Parliament will have to answer to the courts. At Second Reading, the noble and learned Lord, Lord Woolf, eloquently made it clear that this is a feature of the separation of powers between Parliament and the courts that so far the courts have been extremely reluctant to breach. They may have to look at the boundaries of a matter, but, once it has been decided as a matter for Parliament, it is not a matter for the courts. I am not clear whether the amendment that I understand the noble Baroness is going to accept will cover these matters.
Where Clause 6 deals with investigations, it says that an inquiry can be launched in response to a complaint by an individual. It is not difficult to imagine a case where a thoroughly disgruntled member of the public, dissatisfied with what is happening under the Bill, may wish to take the matter to court. I want to be absolutely assured that there is no possibility of a member of the public—
Parliamentary Standards Bill
Proceeding contribution from
Lord Jenkin of Roding
(Conservative)
in the House of Lords on Tuesday, 14 July 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Parliamentary Standards Bill.
About this proceeding contribution
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2008-09Chamber / Committee
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