Amendment 75 is a probing amendment that deals with the rights of a Member of Parliament. It was spoken to by the noble Lord, Lord Tyler. There is no way in which IPSA can get rid of a Member of Parliament. The noble Lord is right that only the electors can do so. The other place can expel a Member, but IPSA is not in a position to do so. The House retains all the power to sanction an MP. If it expels an MP or censures him in some way, it is its business through its committee and eventually on the Floor of the House. I understand that any MP who is expelled is entitled to stand again in a general election or a by-election. Nothing in the Bill affects that.
It may be of assistance if I explain what government Amendment 43A, which is perhaps the major amendment in this group, does. It sets up a new regime and provides that the commissioner, after conducting an investigation, may do one of three things. If the complaint relates to the allowances scheme, he may, if the Member of Parliament has accepted the findings and has agreed to repay any money owing, not refer the matter to the committee but settle it. If the complaint relates to the code of financial interests, the Member has accepted the findings and the interest is minor or the infringement inadvertent and the MP takes the necessary steps to rectify the situation, the commissioner does not need to refer findings to the committee but can settle the matter. IPSA can impose conditions about which cases are suitable to be dealt with in this way, but in any other case the commissioner must make a report of findings to the Standards and Privileges Committee. The commissioner may also make a report to the committee if the Member of Parliament has not provided information that the commissioner reasonably requires for the purposes of the investigation.
Parliamentary Standards Bill
Proceeding contribution from
Lord Bach
(Labour)
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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712 c1086 Session
2008-09Chamber / Committee
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