Perhaps I may respond to both the noble and learned Lord and the noble Lord, Lord Pannick. If we include "fair" in the Bill and do not have some kind of appeal tribunal to deal with at least a limited part of the Bill, is there not a problem that that will then be capable of judicial review? The Government have conceded that decisions will be capable of judicial review, which will involve a collision with Article IX. Therefore, while we all agree that fairness needs to be in the Bill, do we not need to try to—as it were—hive off judicial review as much as possible and have the decision dealt with by a domestic tribunal? I quite understand that the wider questions of the House of Commons should be sorted out by the House of Commons, as the noble Lord, Lord Campbell-Savours, pointed out, but I am trying to address the need for the fairness principle to operate practically within the framework of the Bill without going into the wider question of the House of Commons’ disciplinary functions as a whole, which is for another day. Does the noble and learned Lord share my concern that, if we put fairness in the Bill but do not create some kind of tribunal, we shall finish up with judicial review, with all its problems?
Parliamentary Standards Bill
Proceeding contribution from
Lord Lester of Herne Hill
(Liberal Democrat)
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 c1150 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2024-04-21 12:51:12 +0100
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