Peter Riddell: Political Briefing
2 for 1 at Pizza Express
Now for the hard part. After the apologies, it is time to translate promises of reform into workable proposals. The danger is of rushing into tough-looking legislation with cross-party support that is inadequately scrutinised and flawed.
That is precisely the risk now with the new Parliamentary Standards Bill, which sets up a new independent authority to authorise MPs’ claims and regulate their financial affairs, backed by criminal sanctions, and new offences of false claims and registration. Ministers want this Bill to become law within four weeks, before the recess.
Gordon Brown is right that public anger over the expenses row requires a comprehensive plan. But talk of “root and branch” reform is no excuse for inadequate scrutiny.
The Bill has big constitutional implications. It not only transfers the administration of pay and expenses to the new Independent Parliamentary Standards Authority. The Bill also makes the Ipsa responsible both for setting the rules on financial interests and expenses, and, via a new Commissioner for Parliamentary Investigations, for examining potential abuses.
The final power to decide on non-criminal penalties will still lie with MPs. But self-regulation is being heavily qualified in practice. There are also questions about the legal status of the new and more wideranging code of conduct.
The biggest question is how far the creation of the new authority by statute will open the way for a flood of judicial review cases. This is in contrast to the present position whereby the Parliamentary Commissioner cannot be challenged since the post was established by a Commons resolution and is therefore exempt under the 1689 Bill of Rights. Officials argue that such court challenges should be limited because there is an appeals process and the House ultimately decides on sanctions. Moreover, the broader provisions of the code are intended to be declaratory and non-justiciable.
Even if the present mood of public atonement will result in speedy passage of the Bill in the Commons, the Lords may raise more questions, not least because peers fear that these arrangements may apply to them before long.
This is not an argument against the Bill, but rather for an extension of the timetable to permit adequate scrutiny. Just remember the Dangerous Dogs and Child Support Agency Acts, passed rapidly with widespread support. Legislating in haste for however worthy an aim is usually counter-productive and goes against talk of strengthening the Commons.
Peter Riddell has been a leading political commentator and an Assistant Editor for The Times since 1991. He writes mainly, but not exclusively, about British politics and has published several books on British politics, including not one, but two, on Margaret Thatcher
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
With rail travel in Europe on the rise, we review the benefits of travelling by train
In this special section we explore new food trends to help improve your dinner party and impress guests
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
1998
£47,955
12 months for the price of 11 and a 5% discount.
Offer ends 31/11/09
Check your free Experian credit report before applying
Car Insurance
£100,000
Barnardos
UK
PwC’s Consulting practice helps businesses of all shapes and sizes work smarter and grow faster
PwC
£37,000
Department for Culture, Media and Sport
London
Currently £36,285
Department for Culture, Media and Sport
London
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
Includes flights, accommodation with room upgrades, transfers city tours in Hong Kong and Bangkok.
PremierHolidays.co.uk
For your ultimate tailor-made ski holiday, click here
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
World Class Golf, Spa and preferential Beach Club. Private estate overlooking West Coast
Villas from £275 per night inclusive of Golf
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.