My Lords, my core concern regarding this group of amendments is for the future generation of judges—not just in the Supreme Court, but judges who, I suggest, must inevitably be troubled at first instance and so forth before things get to the Supreme Court—if there is there is the slightest glimmer of a prospect of anybody legally challenging any decision with regard to Dissolution. I find myself in total agreement with all that my noble friend Lord Faulks said and the legal analysis here. The courts have striven mightily to remove any possibility of ouster clauses having effect. With that, in most contexts, I totally agree, but this is in the context of Dissolution and of trying, with the utmost clarity, to return as whence we were, where there was no possibility of the courts entertaining a challenge.
To my mind, the courts would be grossly embarrassed and, of course, singularly unlikely to intervene. The noble Lord, Lord Beith is absolutely right: it is the last thing they would want to do because it would be so embarrassing and destructive of the current constitutional position of judges to allow themselves to be drawn into this field. However, the temptation for others to try to involve them must be removed. I suggest that this clause, as is, tries to dot every I and cross every T.
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The reason for “purported” has been explained; I need not repeat it. The court has the principle that anything that is regarded as legally flawed is a nullity. Therefore, what was thought to be a judicial review of a decision is only the judicial review of a purported decision because X hypothesis has been set aside as a nullity. I see no reason why you cannot have the absolute clarity that this clause provides, which will discourage anybody from trying, as I see it, to embarrass the court.
Finally, my noble friend Lord Butler suggested that you must have Parliament, Her Majesty or the courts supervising in some shape or form so that the Prime Minister does not exceed the legal limits of his power. I suggest that there is a fourth body to ensure that: the public, whom the Dissolution process consults on this question. Brenda of Bristol and her like will make sure that the Prime Minister does not exceed this power.