Justice and Security (Northern Ireland) Bill

Given the way the noble Lord started, I need to respond. He invited me to, and I will do so. I do not accept this is an ouster clause because an ouster clause is one that says a court cannot interfere. It is perfectly right that it is a limitation. There are examples of limitations. I cannot identify them at the moment. The noble Lord makes a perfectly fair point to look at what the other examples are. I will see that that happens after we have completed today’s Committee. I do not think that this is a question of opinions as to what Shuker means—and I understand that the JCHR was faced with the new clause at very short notice. I do not read paragraph 1.37 of the JCHR report as having made a full analysis of the meaning of the clause as against Shuker. Perhaps that is what it intended. I do not think that is the question. There are questions of policy about the risks involved which the Chamber will need to consider. That is why I have said that I want to reflect precisely on what has been said today. What all noble Lords have said is very important. I also invite noble Lords to reflect on the reasons I have indicated on how we got into this position. I am being very frank in explaining what the problem is so that nobody is in any doubt about why the Government have put forward this proposal.