In the first of a monthly round-up of events at the Palace of Westminster, John Ludlow looks at the progress of legislation, ranging from the Housing Bill to the Constitutional Reform Bill


With the summer recess looming, the pace of activity in both houses has increased of late.


In the Commons, the Housing Bill is back on track after a hiatus of almost three months, though the delay means it will not get Royal Assent before November. While the government has yet to accept that home information packs should not be a compulsory element in the conveyancing process, it has made some concessions, such as allowing sellers to attach conditions on the use and onward disclosure of the pack.


Moreover, the government has agreed to amend the Bill substantially to include a tenancy deposit scheme, something for which the Law Commission and organisations such as Shelter and the Law Society have long been calling. While the details will need to be fully debated, and one or two problem areas ironed out, this move is much to be welcomed.


The Domestic Violence Crime and Victims Bill has made good progress having completed its passage in the Lords and entered standing committee in the Commons. Many organisations have welcomed the Bill's redefinition of the victims of domestic violence to include couples in same-sex relationships and couples who have never lived together.


After a longer-than-expected wait, the Mental Capacity Bill has finally been published, though there is not yet a date for second reading. There is little prospect of this important and long-overdue measure reaching the statute book this session, which means it will have to 'roll over' into the next. Interestingly, there is no sign whatsoever of the Mental Health Bill, though few will mourn that loss.


In the Lords, the Asylum & Immigration (Treatment of Claimants) Bill has faced fierce opposition from all sides, particularly clause 14 which, as originally drafted, would have had the effect of removing the right of asylum seekers to seek judicial review. At second reading, Lord Falconer agreed to rethink this proposal and at committee stage he brought forward proposals for a limited right of appeal to the higher courts.


At report stage, opposition and cross-bench peers succeeded in extending the time limit for such appeals from five to ten days. The government may face further defeats at third reading, particularly on their proposed changes to legal aid.


Concessions have also been made on the Children Bill, which has just been considered at report in the Lords. Under pressure from interested bodies, the government made substantial changes, including the strengthening of the role of children's commissioner for England.


The Civil Partnership Bill, which will give many of the right and responsibilities of marriage to homosexual couples, has also recently been debated on report in the Lords. However, its fate is now in the balance after a Conservative amendment to extend its scope to co-dependants such as siblings and long-term carers was carried by a vote by 148 to 130. Supporters of the Bill have described this as a 'wrecking' amendment and it remains to be seen whether it will be overturned later in the Commons or whether the Bill will simply be dropped altogether.


The Constitutional Reform Bill is now awaiting its committee stage after spending three months 'parked' in a special Lords committee. The measure, which proposes the establishment of a supreme court and judicial appointments commission, had faced fiercely criticism from many quarters, but now seems to be back on track. It may now struggle, however, to get to Royal Assent before a general election.


Recent weeks have also seen the publication of three major draft bills, covering identity cards, charities reform and the Criminal Defence Service. These bills are likely to be debated in the next Parliamentary session, in advance of the general election expected in May.


The Commons select committees have been particularly busy of late, juggling various inquiries. The home affairs committee, for instance, has been undertaking work on identity cards while the Treasury committee has been scrutinising the Finance Bill.


Busiest of all would appear to be the constitutional affairs committee, which has just completed a major inquiry entitled 'Civil legal aid: the adequacy of protection'. That report is scheduled to be published soon, and should make interesting reading. The committee had also recently completed inquiries on asylum appeals and the supreme court and has begun to scrutinise the draft Criminal Defence Service Bill.



John Ludlow is head of parliamentary unit at the Law Society