Parliamentary Standards Bill

My Lords, the conditions referred to in subsections (5)(b) and (7)(c) need not refer only to the conditions for the rectification of the error. They could equally well cover other conditions in relation to the commission of the error; in fact, they are more likely to do so given that a number of conditions in relation to the rectification of the error are already set out in the Bill. As I stated in the letter mentioned by the noble Lord, the requirement for conditions specified by the IPSA to be met allows the IPSA to set the rules about when the commissioner can decide not to refer a matter. To determine that a case should not even go to the Committee on Standards and Privileges where a fault or problem has been found is a serious matter. The power to set conditions allows consideration of what other controls may be needed on the exercise of that power. Conditions that might be set could include, for example, maxima for the repayments which could be acceptable, or conditions requiring a reference where there is a series of findings relating to the same member. It is in the Government’s view essential that the IPSA be able to consider and review the conditions that may need to be met as the code evolves. As we said in Committee, these are not intended to provide extra hoops for MPs to go through, but to attempt to be open about the fairness of the procedures. When we discussed this part of the Bill in Committee, the noble Lord recognised that there would be circumstances with which the IPSA was faced which could not be predicted. He therefore accepted that it was reasonable for the IPSA to be able to set further conditions without specifying what those might be. He further suggested that the drafting could be improved by the insertion of "reasonable". He said: ""The insertion of that word would simply act as a signal that, if the commissioner and IPSA found themselves with a case which might arouse strong emotions because people had behaved very badly, they should not be allowed to introduce vindictive conditions but, rather, reasonable conditions".—[Official Report, 14/7/09; col. 1080-81.]" That point is already covered. If an MP has acted very badly, he will not have access to this procedure in the first place. In relation to overpayment of allowances, the MP must have acknowledged the breach and have agreed to remedial action. In relation to breaches of the code, the financial interest concerned must, in the view of the commissioner, be minor, or the failure to register inadvertent. The provisions in subsections (5)(b) and (7)(c) do not mean that the IPSA can use these powers to set out a series of conditions which have the effect either of undermining the other provisions of the subsections or the more general procedures which are to be drawn up under subsection (9). However, the Government accept that the noble Lord has made a case that these conditions, like the other procedures which the IPSA will draw up, should be subject to the same sort of consultation. For the reasons I have set out, we cannot accept the noble Lord’s amendments as they stand and we want to keep the provisions in subsections (5)(b) and (7)(c ), but we undertake to bring forward an amendment in substitution for his amendment to subsection (9) which will make this provision subject to consultation. I am very grateful for the ideas put forward by the noble Lord and I look forward to bringing back an amendment at Third Reading.