UK Parliament / Open data

Parliamentary Standards Bill

My Lords, I am grateful to all noble Lords who took part in this debate. I think that the circumstances will show that I was justified in putting these clauses down again in order to enable us to have what I can describe only as the immensely authoritative statement from the noble and learned Baroness the Attorney-General, coupled with her letter. I have some sympathy with those who suggested that it is easier to read the letter than to follow the somewhat complicated argument that the noble and learned Baroness delivered in the House, but we will have both. She has been reading into the record in the shape of Hansard, while her letter contains some additional explanations. I shall not go into the whole question of criminal liability under Clause 8. That has been addressed by others, and we have had an interesting and authoritative answer. On the question of the European legislation, though, it is now recognised that yes, the European Court of Human Rights can call into question what is said in Parliament, as was emphasised by the case that I cited and which the noble and learned Baroness also referred to, A v United Kingdom. There is recognition that there are circumstances in which Members of either House can find their remarks being quoted in a court. On whether my noble friend Lord Higgins is right that taking out the words "in the United Kingdom" would make a difference, I would need to take legal advice; neither he nor I are lawyers, and I would hesitate to express an opinion. The noble and learned Baroness has gone a long way to satisfying me that the risks of there being a major challenge to Article IX of the Bill of Rights 1689 are extremely small. Although one might have some doubts about her assertion that the Bill is now "perfectly formed"—I have a suspicion that she may come to regret those words—she has gone a long way to satisfying me on the merits of this particular case. I beg leave to withdraw the amendment. Amendment 2 withdrawn. Amendment 3 not moved.

About this proceeding contribution

Reference

712 c1431-2 

Session

2008-09

Chamber / Committee

House of Lords chamber
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