My Lords, I entirely agree with what the noble Lord has said. Of course, it is also consistent with the principles that underpin Section 20 of the 2010 Act, because that requires all treaties to be ratified by Parliament.
If I might make a little progress, the Government have in the course of the Bill made a very large number of concessions. It would be churlish not to welcome that fact. Indeed, I rather hope for more. But I agree with the views expressed by the noble Baroness, Lady Kennedy, and the noble Lord, Lord Pannick. It is better by far that the assurances and concessions of Ministers be expressed in statutory language because, as the noble Lord, Lord Oates, has reminded the House, political circumstances may change. Ministers may move on; Governments may fall. Statutory language is always to be preferred to the comforting words of Ministers.
4.15 pm
Finally, I turn to my noble friend Lord Bridges—a friend of mine of very old standing. I very much hope that I do not prejudice his future when I say that he has conducted the Government’s case with great distinction. But in his winding-up speech he will doubtless argue in a number of ingenious ways, as indeed my noble friend Lord Forsyth has done, that the drafting of this new clause is defective. It would surprise me if he does not advance that argument but I say to your Lordships’ House: ignore that argument. I have carried several Bills and been party to scores of Bills going through Parliament, and the truth is this. When a Minister is weak on principle, that Minister focuses on the drafting.
The reality is as follows. If Parliament as a whole resolves that as a matter of principle, the ultimate authority to determine the future of this country should rest with Parliament and not the Executive, skilled parliamentary counsel will be instructed to ensure—and ensure very rapidly—that the language of the Bill meets that objective. I ask your Lordships to rest on the long-contested principle that this country’s
future should rest with Parliament and not with Ministers. It is in that spirit that I commend this new clause to your Lordships’ House.