Amendment 1

Part of Counsellors of State Bill [HL] - Committee – in the House of Lords at 4:00 pm on 23 November 2022.

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Photo of Lord Pannick Lord Pannick Crossbench 4:00, 23 November 2022

My Lords, the Delegated Powers and Regulatory Reform Committee reported on the Bill in terms that are regrettably rare nowadays. It said:

“This Bill contains no delegated powers.”

The noble and learned Lord, Lord Judge, has not had the opportunity here to complain about delegated powers, and I am very pleased about that. I should be very sorry to see a delegated power introduced at this stage, particularly a delegated power conferred on His Majesty. In 1867, Walter Bagehot wrote that the monarch has three rights—the right to consult, the right to encourage and the right to warn. The monarch has no right and no power to produce delegated legislation. I can think of no precedent for the Crown having a delegated power—certainly not since 1689.