My concern is that the Bill should leave Parliament complying with the requirements of Article 6 of the European Convention on Human Rights. I know that the Minister has certified that, in her view, it is compatible with the convention rights. There is an argument about that, which we do not have to have. However, assuming that the convention rights are triggered, my concern is that this House ought not to send the Bill back to the other House unless we are satisfied that it complies with the minimum requirements of Article 6 of the convention. It can be done by way of judicial review but I have serious problems with that, as does the noble and learned Lord, Lord Mackay, because of the Bill of Rights. The only other solution that I can think of is a limited domestic tribunal which can look at the facts and at the procedure.
I quite understand that the wider questions raised by the noble Lords, Lord Pannick and Lord Campbell-Savours, are very difficult. They were raised by the Joint Committee on Parliamentary Privilege 10 years ago and have never been solved. They will remain. Unless the House of Commons looks at that and does something about it, one day a Neil Hamilton will surely go to Strasbourg if unfairly treated by the Commons and will succeed. I do not want that to happen. I want us to be able—within our legal and parliamentary systems—to solve the problem. I do not think that it is beyond the wit of the Government and their advisers to devise a tribunal system between now and Monday that is very clear and limited and deals with a narrow issue in the way that I have indicated.
I have said my piece at too great length. I am very grateful to everyone who has taken part in the debate and I beg leave—
Parliamentary Standards Bill
Proceeding contribution from
Lord Lester of Herne Hill
(Liberal Democrat)
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
Reference
712 c1155-6 Session
2008-09Chamber / Committee
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