Identity Cards Bill

My Lords, I always thought the rules of the House were that you should listen to the whole of the debate before indulging yourself in it. However, on this occasion I am prepared to make an exception because of the kind invitation of the noble Lord, Lord Carter. This House should always proceed with caution when it is trying to defeat the Government, even when it is asking the House of Commons to think again on a Bill it has passed. Generally speaking, we do that; I think we always do that. What is so unusual about this aspect is that the Government have already been defeated on two occasions, and therefore this is the third occasion on which we are dealing with this matter. In this context, perhaps I may make three points. First, I think the House should proceed with caution and should deal with matters as controversial as this only when they are very few in number. This is the first time in this Session that we have come to an issue of this kind. Secondly, we should proceed only on an issue where there is good deal of public support for what this House is doing. Thirdly, we should not proceed if there are issues to do with the Salisbury convention. My noble friend and the Government may disagree about the use of the Salisbury convention; I am entirely satisfied that there are no Salisbury convention implications if the House were to return this small point back to another place. Let us look at the Parliament Act. The Government, in the House of Commons, have three choices: They can accept the will of this House, the amendment proffered by your Lordships; or they can amend it and seek some form of compromise. I must say that the ability to find a compromise between ““may”” and ““must”” is relatively limited, but there are great minds in the Home Office—perhaps they can find a way around this impasse. I am sure my noble friend Lady Anelay and, in another place, my right honourable friend David Davis would be very glad to meet the Home Office to discuss such a proposal. The third option is to do that which has been recommended by the noble Lord, Lord McNally. They would get their way but they would have to wait to get their Bill through the use of the Parliament Act. I have said many times that using the Parliament Act is a sign of failure of the parliamentary process. It may be that we have got to that stage. I do not think we have got to that stage quite yet. So I have no difficulty in answering the question of the noble Lord, Lord Carter. If the Government regard this as being so important that they should get their way, then the Parliament Act is there to do precisely that.