Banking Bill — Committee (4th Day)

Part of the debate – in the House of Lords at 7:00 pm on 20th January 2009.

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Photo of Lord Lyell of Markyate Lord Lyell of Markyate Conservative 7:00 pm, 20th January 2009

I am very grateful to hear what the Minister said. This was the point that I raised when I apologised for speaking, having come late to the debate, in the very first intervention that I made. My reading of Clause 75(8)(c) is perfectly clear. If the order decides something or lays something down before Parliament has had a chance to consider it, which will be in a minimum of 28 days and might be three or four months or more, and if Parliament subsequently declines to approve the order, the Bill says that the order is not invalidated. I can see why for practical reasons it says that—but for practical reasons the Government want to override the long-standing constitutional principle against retrospection.

The Minister seems to be in some doubt about what this subsection means. I do not know how he can possibly be in any doubt of it. I would hope that it would take only about 15 seconds for somebody in the Box to send him a message saying whether, if the House declines—