If the Bill does not allow for that, we must look at it after Committee. It is certainly our intention that the Member of Parliament should have that right.
I was asked why the Bill did not allow pre-investigation representations by Members of Parliament. That would add an additional layer of bureaucracy. The Bill provides that MPs can make representations throughout the investigation, although the noble Lord thinks that the Bill is not as clear about that as it should be. If the commissioner is satisfied that the complaint is unfounded—we have had this debate before—he may decide not to refer a report to the committee. That concerns my noble friend Lord Campbell-Savours and other Peers, too. However, I need to make it clear that this is only on the proviso that the MP agrees with the conclusion, not in any other circumstance.
The noble Lords, Lord Goodhart and Lord Jenkin of Roding, both seek through their amendments to amend the requirement that IPSA may specify the conditions under which the commissioner might be able to resolve a matter without referring it to the Committee on Standards and Privileges. As we see it, the noble Lord, Lord Goodhart, would like to see the provision removed; the noble Lord, Lord Jenkin, wants to qualify it.
On the point made by the noble Lord, Lord Jenkin, the conditions that are specified must be reasonable. IPSA will be a public authority and will be subject to the normal public law principles of rationality. Exactly what conditions may be imposed on informal settlements will be a matter for an independent authority. They might include a maximum amount of overpayment that can be dealt with without reference to the Committee on Standards and Privileges or a condition relating to a number of different findings on the same Member of Parliament.
Parliamentary Standards Bill
Proceeding contribution from
Lord Bach
(Labour)
in the House of Lords on Tuesday, 14 July 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Parliamentary Standards Bill.
Type
Proceeding contribution
Reference
712 c1088-9 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2024-04-21 12:47:50 +0100
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