Protection of Freedoms Bill

Lord Campbell of Pittenweem Excerpts

Tuesday 11th October 2011 Commons Chamber

[Sir Menzies Campbell (North East Fife) (LD)]

The Government have opted for legislation rather than for the order-making procedure, but by introducing new clause 13 the Minister demonstrates that the legislative approach is a principle that can be departed from in certain circumstances. The Committee found that an essential way to create a pragmatic response would be to apply the order-making procedure in all circumstances. So far, the Government’s response on the matter has been exiguous to say the least.

The first problem is that if we recalled Parliament for a statement and a debate, we would be doing something quite different from recalling Parliament in order to make primary legislation, remembering that that would have had to pass through not only this House but the other place. But there is a further point, and it seems even more significant as a matter of principle. How could one be assured that, in the course of a debate here about such primary legislation, nothing would take place that did not have the effect of prejudicing the right to a fair trial?

[James Brokenshire]

Parliament has shown itself capable in the past of conducting debates about sensitive issues and of being recalled quickly in exceptional circumstances. The current consideration of issues such as phone hacking illustrates how Parliament can consider and discuss very sensitive issues, and Parliament’s response to the riots over the summer also highlighted the fact that it is possible for the House to be recalled and to return at very short notice.

We return, however, to the principle that maintaining 14 days in primary legislation, rather than having a general order-making power, represents a clear expression of the very exceptional nature of the powers sought, gives Parliament the opportunity to debate the issues and, crucially, avoids 28 days becoming the maximum by default, as it appeared to be under the previous Government.

--- Later in debate ---

The power to dissolve Parliament and, for that matter, the power to hold the Queen’s Speech, is held by the Crown, by Government. It seems bizarre that in that exceptional moment, when the Government have more power than at any other time, we would give them the power to allow an extension to 28 days—corralled around in the various ways that the Minister provided for—but not in other circumstances, when Parliament can hold the Crown to account. The amendment relating to the power of Dissolution is ludicrously over-complicated. It certainly would not pass any “easy English” rule, given the number of sub-clauses and intricacies.

[Sir Menzies Campbell]

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