My Lords, not for the first time I entirely agree with my noble friend Lord Norton of Louth. However, I want to make one more substantial point about the Bill and say why I think that some form of review is necessary, whether it is a sunset clause or a review of the kind that my noble friend has suggested.
I have followed the course of these proposals from the very early days of the draft Bill in the other place. I have attended debates there and have watched and listened and have been involved in a number of discussions with Members of both Houses. We should recognise that a feature of this Bill which has been very evident from our discussions in your Lordships’ House is that Members of the other place were for understandable reasons very inhibited when they examined the details of the Bill. They felt that it was self-serving to some extent and they were embarrassed at looking at it in great detail and finding fault with it because they felt that, in so doing, they were somehow putting themselves in an invidious position. Indeed, some were also influenced by pressures from outside not to say anything, not to question, not to challenge and not to query. For that reason, the Bill, as it now stands, will satisfy no one.
In those circumstances, we should bear in mind very carefully what was said by noble Lords on all sides of your Lordships’ House—that they hope that the Bill will never be used. It was said most recently by the noble Lord, Lord Kennedy. He said that he hoped it would never be used or used very infrequently. In those circumstances, it would be irresponsible of Parliament not to set out some sort of review procedure
to determine the timescale for looking at the Bill again. The proof of the pudding will be in its eating. If nobody eats it, is satisfied with it or finds it digestible in any form whatever, Parliament has a responsibility to go back and look at it again.
We have all discussed in various fora the advantages of post-legislative scrutiny, and I know that my noble friend is a protagonist for that. Of course, we should do that more often but in this particular case it is important that Ministers think very carefully between now and Report about what mechanism they would prefer for doing that. I do not mind which it is, whether it is a review or a sunset clause. This is an unusual Bill in the way it has been treated in the other place and the considerable concerns and anxieties that have been expressed throughout the House. I make no bones about it: I think it is still capable of being improved. Some think that it is beyond improvement. I have put forward some proposals and am still hopeful that Ministers will meet me and other colleagues from all sides of the House to look at the concerns and criticisms of the Constitution Committee to see whether we can meet them in a more effective way. However, as things stand, I believe that it would be simply irresponsible for Parliament to leave this Bill in its current state without including some mechanism for proper review in a prescribed way and at a prescribed time.
10.15 pm