Parliamentary Standards Bill

My Lords, perhaps I may add one footnote to the powerful and helpful observations of the Attorney-General, with which I agree, relating to judicial review. There are many cases where courts have declined to entertain applications for judicial review where the body concerned, even though it is a statutory body, is performing an advisory function and the effective decision is made by another person. The court takes the position that the complainant should exhaust the procedure before the body which decides the matter rather than litigating with the advisory body. This is important because many—not all—of the functions which we are conferring on IPSA and the commissioner are advisory, not deciding, functions; they are reporting, effectively, to the other place. Were a judicial review application to be brought in relation to the performance of such a function, I would expect that the courts would be likely to decline to entertain the application. They would do so not merely because IPSA and the commissioner are advisory bodies in that respect, but also because their function is preliminary to the performance of a parliamentary function by the other place. Were they to read these proceedings, I would not want any future court to proceed on the basis that it was accepted in this House that applications for judicial review against IPSA and the commissioner would and should be entertained by the High Court in all circumstances.