Letter from the Treasury Solicitor to
Herbert Smith, 15 September 1999
HOUSE OF LORDS BILL: DRAFT STATEMENT OF ISSUESMOTION
BY LORD MAYHEW
I understand that following my letter of yesterday's
date there have been discussions between Counsel and I set out
below the result of those discussions.
We agreed to the deletion of paragraph 1(iii)
because your Counsel has indicated to our Counsel that your clients
now accept that Clause 1 of the House of Lords Bill has the effect
for which the Government has contended (ie the exclusion of hereditary
peers other than the Weatherill peers from being members of the
House of Lords) for all future parliaments and the argument at
paragraph 18(f) of Mr Lofthouse's opinion of 14 April 1999 does
not now form part of your client's case. On that footing, we agreed
that paragraph 1(iii) can now be deleted. Consequent on that deletion,
the following changes should also be made, delete from paragraph
2(b) the words "and from future parliaments" and amend
paragraph 2(a) so that "after the recipient has come to parliament"
reads "after the recipient has come to this parliament in
answer to it".
We agreed to the inclusion of paragraph 2(c)
solely on the basis that your clients are determined to maintain
an argument based upon article 3 of protocol 1 to the Convention.
For our part we do not accept that it is relevant to the question
referred by the House nor that any sound argument germane to the
question may be mounted upon it.
As the Attorney-General is not available to
sign the Statement of Issues today, I suggest the Statement be
lodged as a draft and if you will kindly let me have an engrossment
I will arrange for it to be signed and either returned to you
or lodged, whichever you find more convenient.
E B Solomons
Head of Commercial Litigation