A recent paper by former Clerk of the House of Commons, Sir Malcolm Jack and ACT ASPG Chapter member Dr Richard Reid exploring the question of whether financial privilege is the sole right of the House of Commons is now available via the Constitution Society Website.
In this paper the authors examine the historical origin of the Commons’ privilege, consider the provisions of the Parliament Acts and how they apply to the passage of financial bills between the Houses before turning to the subject of statutory instruments and the Executive’s increasing reliance on them as a means of legislating. They conclude by examining the issues brought out by the Strathclyde Review and endorse the position of the parliamentary committees in recommending that a Joint Committee of both Houses be established to inquire into the whole area of secondary legislation and financial privilege. They stress that this is a matter for Parliament and it should act before Government takes any further steps.
