My Lords, the noble Lord, Lord Beecham, has correctly drawn attention to the ostensible reasons given by the Government for including Clause 151 in the Bill. I noted that at Second Reading the noble Lord, Lord Taylor of Holbeach, referred to the clause as the “new test”, which would be in aid of clarity and “much-needed certainty”. He added,
“we want to reduce the number of complex, expensive and generally unsuccessful legal challenges that currently arise”.—[Official Report, 29/10/13; col. 1486.]
I will make three brief comments.
First, it is perfectly clear that Clause 151 is concerned not merely with the interpretation of Section 133, as he seemed to suggest. It would exclude the type of
claim which was recognised and allowed in Adams, and what was said at Second Reading simply does not address that particular step. Secondly, it seemed to be suggested that there was a current state of uncertainty in regard to the law. However, it is important to bear in mind that in Adams the Supreme Court carried out an exhaustive study of the scope of Section 133 and made a fresh analysis. Part of that was to get a final resolution of conflicting statements that had been made by judges in previous years.
Thirdly, Section 133 was intended to give effect to Article 14.6 of the covenant, which has already been referred to and which was ratified by this country in 1976. The wording of Section 133 is virtually identical to Article 14.6; apparently that was done deliberately. The Supreme Court had to consider what meaning should be given to Section 133 in the light of that article. Therefore, is it appropriate for Parliament to be invited to use its legislative supremacy to overrule the decision of the Supreme Court as to the application of such a statutory provision, and in particular to cut down its application, including on the ground of expense?