Identity Cards Bill

My Lords, the first thing to clarify is that, because the other place gave an amendment in lieu and did not simply reject our amendment, we are not at the end of the road. That may depress many of your Lordships, but I provide that information as a matter of fact. The other thing worth saying is that last Monday, the Home Secretary, Charles Clarke, in levelling his defence against our proposal to make the scheme voluntary, did not in any sense call upon the constitutional justification of the Commons’ position that has been the mainstay of the noble Baroness’s closing speech and has been the subject of speeches from various noble Lords. Mr Clarke attempted to justify the Government’s case according to the issues that he raised in the other place—none of them were constitutional issues; they related to the merits and demerits of this Bill. It was those arguments that I sought to address in opening the debate on my Motion. It is inevitable, I fear, that there will be repetition in the proceedings as we pursue them under the Parliament Act, because, frankly, the only tools at our disposal are to come back, come back and come back. It is scarcely surprising that there no brand new points were raised in this debate. What I accept completely is that this House should not return this measure to the Commons without grave and considered thought. I attempted to say that earlier, and the noble Lord, Lord Barnett, was kind enough to say that he still supported our arguments but, for constitutional reasons, would not support us in the Lobby. In my point that he picked up, I was saying that I believed that this was the exceptional case which did warrant taking the process to its conclusion. That process, as my noble friend Lord McNally said, was put there for a purpose. The Parliament Act was not legislated for on a whim or without immense care and consideration. There were two elections leading up to it—but what was arrived at gave this place powers that we are now exercising. Apart from the merits of the Bill itself, the only constitutional issue is whether we are right this evening to take this one whole step further—whether we are right to put it back to the Commons in the hope that, even now, it may think again or, at least, may compromise again. It is for each and every one of your Lordships to decide whether you think this is such an important matter. The noble Baroness talked about the respect with which this place will be held. Yes, there is a respect issue if we put the matter back to the Commons tonight. But there is another respect issue that is much broader and deeper—whether this Government should be allowed to pursue a measure on a compulsory basis, when they expressly and specifically said that it would be voluntary. I have to tell your Lordships that I have never had such a unanimous mailbag in my eight years here. That is not a long time. I have not had a single representation made by any organisation or individual in support of the Government’s position in making this card compulsory for every citizen. However, a great many organisations and individuals have said to me, ““Relieve us of a step that we believe will take this wonderful country of ours one pace further along a road down which we do not wish to proceed””. That is a road towards a managerial state, an intrusive state and a surveillance state. We have had a great deal of legislation—I shall not bore noble Lords with it—which has added to those characteristics since this Government came to power. I end by appealing to your Lordships to share with me the sense that this is a Bill of the highest possible importance, the consequences of which will be long term and strategic and could go to the whole culture of our society. On that basis and that basis alone, I wish to test the opinion of the House. On Question, Whether the said Motion (A1) shall be agreed to? Their Lordships divided: Contents, 218; Not-Contents, 183. Bill returned to the Commons with a reason.