I am grateful to the hon. Gentleman, who is absolutely right. I am simply saying that we should not assume that every Member is of independent means or has a sufficiently good credit rating to be able to borrow money at will. Some are likely to find themselves in considerable difficulties, and we should recognise that and make our arrangements accordingly.
Allow me to help the Lord Chancellor in his interpretation of the numbering relating to new clause 73, as I have now worked out how the proposed new subsections (2) and (3) relate to (1)—and he has obviously done so as well. The new clause leaves those proposed subsections (2) and (3) outside the amendments to the Parliamentary Standards Act 2009, and freestanding, which may or may not be a good idea, but makes sense in terms of the architecture of that new clause.
On new clause 75, let me express the opinion that I am not sure that the introduction of civil law is necessarily helpful, as it will add a further complication. We have the criminal law to deal with actions that are serious misdemeanours on the part of Members, and I hope that it will be used appropriately. This new procedure allows the imposition of penalties for non-assistance, as it were, and then the application of a proper penalty, but introducing the concept of civil remedy as well makes life more difficult rather than easier. I am not convinced that that is the best way of dealing with what I accept is a difficult problem.
The relevant part of the related new schedule 7 —paragraph (5)(4)—states:""In England and Wales and Northern Ireland the amount is recoverable, if a county court so orders on the application of the Compliance Officer, as if it were payable under an order of that court.""
I do not understand what that means. What is says is that if a county court makes an order, it is payable as if it were a county court order. Well, yes—it would be, because that is what it is. There must be some purpose in the wording that eludes me here, so I would be grateful for some assistance.
Constitutional Reform and Governance Bill
Proceeding contribution from
David Heath
(Liberal Democrat)
in the House of Commons on Monday, 1 February 2010.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on Constitutional Reform and Governance Bill.
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2009-10Chamber / Committee
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