Clause 3 - Short title and extent
Public Trustee (Liability and Fees) Bill
10:45 am

Photo of Ms Rosie Winterton

Ms Rosie Winterton (Parliamentary Secretary, Lord Chancellor's Department; Doncaster Central, Labour)

I am sure that the hon. Member for Stone was merely casting further—my hon. Friend the Member for Nottingham, North put it very well—pieces of gold before parliamentary swine. Thank you, Mr. McWilliam, for your clarification.

A privilege amendment is required where a Lords Bill contains provisions that deal with charges upon the people or upon public funds. Since 1972, this House has generally proceeded with a Lords Bill that would have as its main object the imposition or, as in this case, the alteration of a charge upon the people or on public funds, provided that it contains the standard formula that no such charge is imposed or altered and that a Minister of the Crown takes charge of it in the Commons. The standard formula is incorporated into the Bill before it leaves the Lords to avoid the formal infringement of the Commons' privileges.

Hon. Members will see that the privilege amendment negates the financial consequences of the Bill and thereby demonstrates that the ability of the other place to legislate on such matters is not absolute, but subject to the tolerance of this House. The provisions that, but for the privilege amendment, would have the effect of creating or altering a charge have now been authorised by the money resolution, which was agreed to immediately after Second Reading in this House. Therefore, the privilege amendment may safely be removed. As Hon. Members will recognise, this is a purely technical and formal process, and I hope that the Committee will accept the amendment.

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