Oral Answers to Questions — Attorney-General – in the House of Commons at 12:00 am on 1 March 1993.
Dennis Skinner
, Bolsover
12:00,
1 March 1993
To ask the Attorney-General what further advice he has to give on the Maastricht treaty in respect of parliamentary amendments.
Sir Nicholas Lyell
Attorney General (Law Officers)
I set out in my written answer to the right hon. Member for Llanelli (Mr. Davies) on 22 February the principles applicable to amendments to the European Communities (Amendment) Bill. I shall advise the House on specific issues as necessary.
Dennis Skinner
, Bolsover
Why does not the Attorney-General admit that he came up with that advice the other day because a political shift had taken place in the House? I ask the Attorney-General to be prepared. Because of the Cabinet split and two Cabinet Ministers meeting with the prince of darkness, the iron lady and her guru, the right hon. and learned Gentleman ought to have other advice ready. If the Prime Minister gets the sack and the other lot take over, the right hon. and learned Gentleman better have a separate piece of legal advice, because the one that he has will not be good enough.
Sir Nicholas Lyell
Attorney General (Law Officers)
That may be the way that legal advice is given in the principality where the hon. Gentleman is prince but in the world where you rule, Madam Speaker, and in this country, legal advice is given independently and dispassionately.
Mr John Marshall
, Hendon South
Does my right hon. and learned Friend agree that it is strange that the Leader of the Opposition says that he is in favour of the Maastricht treaty but then does his damnedest to frustrate the Bill's passage through the House?
Sir Nicholas Lyell
Attorney General (Law Officers)
I give legal advice to the House, so I shall not comment—but I well understand my hon. Friend's point.
Mr John Fraser
, Norwood
I am sure that the Attorney-General agrees with the constitutional proposition that the Government derive their authority from Parliament, not the other way around. Having advised the House that the Government can treat the passage of Amendment No. 27 with impunity, will the right hon. and learned Gentleman advise the House whether, if it wants to adopt the social chapter, it would effectively be able to do so by adopting amendment No. 443 or some other amendment? Does not the Attorney-General have a duty to advise the House how it may properly express its will?
Sir Nicholas Lyell
Attorney General (Law Officers)
I am surprised that the hon. Gentleman invites me to comment on an Amendment on which the Chairman of Ways and Means has not yet taken a decision, and which is not yet even before the Committee.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
The cabinet is the group of twenty or so (and no more than 22) senior government ministers who are responsible for running the departments of state and deciding government policy.
It is chaired by the prime minister.
The cabinet is bound by collective responsibility, which means that all its members must abide by and defend the decisions it takes, despite any private doubts that they might have.
Cabinet ministers are appointed by the prime minister and chosen from MPs or peers of the governing party.
However, during periods of national emergency, or when no single party gains a large enough majority to govern alone, coalition governments have been formed with cabinets containing members from more than one political party.
War cabinets have sometimes been formed with a much smaller membership than the full cabinet.
From time to time the prime minister will reorganise the cabinet in order to bring in new members, or to move existing members around. This reorganisation is known as a cabinet re-shuffle.
The cabinet normally meets once a week in the cabinet room at Downing Street.
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.
The "Leader of the Opposition" is head of "Her Majesty's Official Opposition". This position is taken by the Leader of the party with the 2nd largest number of MPs in the Commons.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
