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Proceeding contribution from Lord Mackay of Clashfern (Conservative) in the House of Lords on Tuesday, 14 July 2009. It occurred during Committee of the Whole House (HL) and Debate on bill on Parliamentary Standards Bill.


Parliamentary Standards Bill

I support the view put forward that it would be highly desirable for the House of Commons to consider setting up an internal, fair appeal system to be used in the case of an important direction. I agree that it would be a mistake to have an appeal to the judicial committee of the Privy Council, because our constitution prevents any recourse from a decision of the House of Commons or of Parliament to the ordinary courts. Strictly speaking, the judicial committee of the Privy Council, although it is not particularly ordinary, is still a court of law, and it would, as the noble Lord, Lord Pannick, said, be a breach of the principle to have an appeal there. A domestic appeal tribunal within the House of Commons therefore strikes me as the best, but "fair" is what is required, and we should possibly leave it to the House of Commons to decide how to deal with it fairly.


Secondary information

Type
Proceeding contribution
Reference
712 c1149-50 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Disciplinary proceedings Disclosure of information Codes of practice Appeals Conduct Allowances Advocacy British constitution Committee on Standards in Public Life Employment Housing Finance Families Human rights House of Commons Judiciary Freedom of expression Pay Powers Membership Public appointments Members Members' interests Privy Council Parliament Parliamentary privilege Standards Regulation Repayments Committee on Standards and Privileges Senior Salaries Review Body Independent Parliamentary Standards Authority Commissioner for Parliamentary Investigations Sunset clauses
Legislation
Parliamentary Standards Bill 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk