My Lords, I respectfully agree with the noble Lord, Lord Pannick. I am sure that none of us would wish to encourage the thought that these proceedings, which are outside Parliament but are preliminary to proceedings in Parliament, should be the subject of judicial review. The jurisdiction is there in all probability but I would hope that the courts would find it unnecessary to exercise it. I think I am right in saying—I am going very much on my memory—that there is a medical case in the books in which the House of Lords thought that judicial review was possible even though there was an ultimate appeal to the courts. But that does not detract from the point that has been made.
I thank the Attorney-General for her excellent letter and for the concise but authoritative statement she has made today. If it commends itself to the House of Commons, it would be desirable for it to adopt procedures which are in accordance with the Strasbourg and our own common law rules of fairness. But that is a matter for the House of Commons and should not form part of the Bill.
Parliamentary Standards Bill
Proceeding contribution from
Lord Mackay of Clashfern
(Conservative)
in the House of Lords on Monday, 20 July 2009.
It occurred during Debate on bills on Parliamentary Standards Bill.
About this proceeding contribution
Reference
712 c1429 Session
2008-09Chamber / Committee
House of Lords chamberSubjects
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2024-04-21 12:47:56 +0100
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