My Lords, I cannot match the noble and learned Lord’s eloquence, except I remember that Lord Bingham used to use that phrase to describe how judges should nudge the law forward gently, step by step, rather than sit hitting sixes and fours.
I support this amendment for the reasons that have been explained. There are two features of the issue that are worth bearing in mind. First, the standard that the Government have set, which was described by the Minister, is a relatively high standard and, therefore, we are not talking about large numbers. Indeed, the
Schedule itself demonstrates that we are not expected to have a great list, they will come in twos or threes at the worst, preferably ones, as the amendment seeks. Secondly, the issue of a standard is something that we would wish to debate, as the noble Lord, Lord Deben, demonstrated in his contribution. It is a great shame if we are masked, as it were, by having one good country on the list that we would not object to but which is in the kind of pairing that the noble Baroness, Lady Hamwee, mentioned, so that we cannot really grapple with the one to which we are objecting because the instrument is not amendable.
With great respect, this seems a very sensible amendment that meets the problem of the non-amendable instrument without at the same time creating an insuperable difficulty for the Government. It enables a debate to take place that would have a real point to it instead of one that really does not have a point because one part of the list—if it is a list—is unobjectionable. I very much support the amendment.