Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Debate between Bernard Jenkin and Baroness Primarolo(10 years, 6 months ago)
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Mr Bernard Jenkin (Harwich and North Essex) (Con)
I should say at the outset that I do not intend to move new clause 1, although I want to take the opportunity to raise matters that concern it and to support Government amendments 28 and 29. Similarly, I do not intend to press amendment 1 to a vote.
Madam Deputy Speaker (Dawn Primarolo)
Order. May I advise the hon. Gentleman that he needs to move his new clause so that we can debate the amendments? When he replies to the debate, he can ask the leave of the House to withdraw it.
Mr Jenkin
I am rather appalled, Madam Deputy Speaker, that I have had to be pulled up on that procedural matter in my 21st year in this House.
New Clause 1
Bill of rights
‘Nothing in this Act shall be construed by any court in the United Kingdom as affecting Article IX of the Bill of Rights 1689.’. —(Mr Jenkin.)
Brought up, and read the First time.
Madam Deputy Speaker
With this it will be convenient to discuss the following:
Government amendment 28.
Amendment 1, in schedule 1, page 51, line 6, leave out paragraphs 1 and 2.
Government amendment 29.
Amendment 78, page 51, line 15, leave out sub-paragraph (2).
Mr Jenkin
I want to use this opportunity to draw the attention of the House to the report by the House of Lords and House of Commons Joint Committee on Parliamentary Privilege, which was produced only a month or two ago. I believe that it sets down the terms on which we should consider parliamentary privilege, its importance and its relevance. In particular, chapter 2, on general principles, draws attention to privilege’s continuing relevance and value and notes that parliamentary
“proceedings must be immune from interference by the executive, the courts or anyone else who may wish to impede or influence those proceedings in pursuit of their own ends.”
The principle of parliamentary privilege rests on the concept of exclusive cognisance. That is referred to at the beginning of schedule 1, which quotes an extract from the 1689 Bill of Rights and refers to any matter that
“otherwise affects the scope of the exclusive cognisance of Parliament.”
The term “cognisance” might seem rather archaic, but it encapsulates what privilege is about. That is, as our report states:
“Parliament enjoys sole jurisdiction—normally described by the archaic term ‘exclusive cognisance’—over all matters subject to parliamentary privilege.”
That concept underpins parliamentary privilege. As we explain:
“Thus Article 9 of the Bill of Rights, the most important statutory expression of parliamentary privilege, states that ‘the freedom of speech and debates or proceedings in parliament ought not to be impeached or questioned in any court or place out of Parliament’.”
We go on to explain that the most important part of that is that
“both Members and non-Members… are not legally liable for things said or done in the course”
of our parliamentary proceedings,
“nor are those outside who are adversely affected by things said or done in Parliament able to seek redress through the courts.”
Public Administration Committee Report (Charity Commission)
Debate between Bernard Jenkin and Baroness Primarolo
Madam Deputy Speaker
I think we should interpret his remarks, as I did, to mean that he wanted to finish the point he was making before he took an intervention. I am sure that that was what you meant, Mr Jenkin, was it not?
Madam Deputy Speaker
Order. I want to make sure that we are both clear on the procedure. If you make your remarks and sit down, that is the end, so we need you to take interventions during your speech.
Mr Jenkin
I quite understand.
We received firm advice from the Attorney-General that we should treat the Preston Down case as sub judice to avoid prejudging any future tribunal decisions. In any case, it is not for PASC to determine the charitable status of individual cases.
The impact of the 2006 Act on the issue of public benefit and charitable status was at the centre of the inquiry. It has always been the case that charities must be established for charitable purposes only and that a charitable purpose must be “for the public benefit”, but the 2006 Act is said to have removed the presumption of public benefit from the list of headings that has historically existed, although case law prompts the question whether there ever was in fact such a presumption. However, the Act also placed a duty on the commission to publish guidance on public benefit, even though Parliament failed to define “public benefit” in the Act.
That aspect of the Act has been an administrative and financial disaster for the Charity Commission and for the charities involved, absorbing vast amounts of energy and commitment. Lord Hodgson describes the public benefit aspect of the Act as “a hospital pass”, inviting the commission to become involved in matters such as the charitable status of independent schools, which have long been a matter of political controversy.
We criticise the Charity Commission’s interpretation of the Act in some cases, but ultimately find that
“the Charities Act 2006 is critically flawed on the question of public benefit and should be revisited by Parliament”.
Professional Standards in the Banking Industry
Debate between Bernard Jenkin and Baroness Primarolo(11 years, 10 months ago)
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Madam Deputy Speaker (Dawn Primarolo)
I am eternally grateful for the help from the hon. Gentleman in reminding the House of what I have already said to the House, which is that if Members believe that this demonstrates the behaviour of the House at its very best on a serious matter, they are sorely mistaken, regrettably. However, each Member in this House is responsible for their own behaviour, and not me, thank goodness, so perhaps we can continue with the debate.
Fixed-term Parliaments Bill
Debate between Bernard Jenkin and Baroness Primarolo(13 years, 5 months ago)
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Mr Jenkin
I beg to move amendment 6, page 2, line 15, leave out subsection (3) and insert—
‘(3) Any certificate of the Speaker of the House of Commons given under this section shall be conclusive for all purposes and shall not be presented to or questioned in any court of law whatsoever.’.
The Second Deputy Chairman
With this it will be convenient to discuss the following:
Amendment 23, page 2, line 17, at end insert—
‘(4A) The Speaker shall issue a certificate under subsection (1) or (2) within 24 hours of the relevant conditions being met under subsection (1) or (2).’.
Mr Jenkin
Amendment 6 stands in the name of my hon. Friend the Member for Stone (Mr Cash), who, as I mentioned earlier, is abroad on other House business as Chair of the European Scrutiny Committee.
We are at a curious juncture in the Bill and, indeed, in our constitutional history. The background to the amendment is the tension, since time immemorial, between this House’s ability to function immune from judicial interference, and the courts, which periodically have sought to limit the extent to which we can continue our business unimpeded by the courts. That was, of course settled—to a degree—in the Bill of Rights in 1789—
Equitable Life (Payments) Bill
Debate between Bernard Jenkin and Baroness Primarolo(13 years, 7 months ago)
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Madam Deputy Speaker (Dawn Primarolo)
Order. I remind hon. Members that Mr Speaker has set a time limit of eight minutes for Back-Bench speakers. There are so many people who want to speak that I ask all hon. Members to help their colleagues wherever possible by speaking for less than eight minutes. We will have to consider progress in the debate later this evening, and whether everyone will get in. I also remind Members who feel that as they might not have a chance to speak they will therefore make an intervention, that the intervention should be brief, not a substitute for the speech that would otherwise have been made. I call Mr Bernard Jenkin.
Madam Deputy Speaker
Mr Jenkin does not wish to speak, even though his name is on the list. In that case, I call Mr Alan Reid.