Parliamentary Standards Bill

I cannot promise that the argument on the proposed new clauses in Amendments 78 and 79 will be any less complex than the one that we have just had. Nevertheless, they give rise to a hugely important point. Originally, these two proposed new clauses were grouped with Amendment 1 because they relate to the Bill of Rights and the privileges of Parliament under it. I asked that they should be degrouped and we are now taking them separately because, as will become apparent, I am raising a very different issue from those raised by my noble friend on the Front Bench and by the noble Baroness when Amendment 1 was accepted. At this point, I add only that the other amendments that were grouped with Amendment 1 included four which I tabled, and I look forward to hearing the outcome of the noble Baroness’s consideration of the issue that I raised in them: whether the different stages of the process by IPSA and the commission would be regarded as proceedings in Parliament. By itself, Amendment 1 will not offer complete protection against scrutiny by the courts because it will not offer protection against potential litigation in the European Court of Justice and the European Court of Human Rights. I will explain why because it is very important that this should be understood. If the Government do not accept that the process of investigation by the commissioner should be regarded as proceedings in Parliament, it will remain justiciable. However, under Amendment 1, which the Committee has already accepted, it could not be justiciable in the United Kingdom courts.