Retained EU Law (Revocation and Reform) Bill

Debate between Lord Jackson of Peterborough and Lord Cormack

Consideration of Commons amendments
Tuesday 6th June 2023 Lords Chamber

[Lord Cormack (Con)]

My Lords, “Do not take to yourself powers that you would not wish your opponents to have” is the substance of the noble Baroness’s speech, and I agree with that. I greatly admired the speech made by my noble friend Lord Hamilton at Second Reading. I admired his courage in putting his name to the amendment and I totally respect his view that one has to consider and judge how long ping-pong should go on. So, there is no disagreement between us on this issue, even though we were on opposite sides in the Brexit argument.

But I come down very strongly in favour of the points made by the noble Lord, Lord Lisvane, who, remember, is a very distinguished former clerk of the House of Commons and understands these procedural matters perhaps more than any of us. The noble Lord, Lord Anderson, called in aid the noble and learned Lord, Lord Judge, and we do indeed all miss his presence today and wish him a speedy return to full health and to vigorous debating in this Chamber. He has, perhaps above all of us, talked of the danger of Parliament becoming the creature of the Executive. That is to turn our constitution on its head, and it is something that none of us should be complicit in.

We do have a duty in this House, if we think the other place has got it wrong, to say, “Please reconsider”, and it is not in any way an aggressive use of our limited powers if we think their rethink, which did not take very long, has not been adequate. Therefore, I believe it would be entirely consistent with our relationship with the other place, and with our duty to Parliament, of which we are the second House, to say to our friends and neighbours along the Corridor, “We think you have got this wrong: you are giving power to the Executive which no Executive, be it Labour or Conservative, should have”. I do not want them to have it if they come into government, and I do not think it is right that we should have it. For those reasons, I shall support the noble Lord, Lord Anderson.

[Lord Jackson of Peterborough (Con)]

My Lords, I oppose the Motion in the name of the noble Lord, Lord Anderson of Ipswich. For what it is worth, I support the new iteration of Amendment 16, to which I put my name on Report, in Motion D.

I very much respect the noble Lord, Lord Lisvane, and indeed my noble friend Lord Cormack, but I think we are missing the bigger picture here. We are effectively asking the other place to invalidate a Bill, for reasons I will develop shortly, which it passed by 53 votes when the will of that House was last tested. As I have said before in this House, I think there is a danger of legislative overreach—of assuming powers and of imposing responsibilities and obligations on the elected House, fettering its discretion and, by so doing, interfering in its rights and obligations. Notwithstanding what my noble friend Lord Cormack said, yes, it is our duty and responsibility to ask the other place to think again, but we have already done that. It has thought again and debated the issue. I have to agree with my noble friend the Minister. He is far too polite to describe the approach outlined by the noble Lord as it truly is: extremely radical. He described it as a “novel” approach.

Let us think about what this Motion would mean in practice. If we are in the business of improving governance by scrutiny and oversight, unless we vote for a fatal Motion to kill the Bill—which is very unlikely, because the Opposition Front Bench would not support such a move—surely the logical corollary is that we want to improve it. The perverse application of the noble Lord’s amendment would result in quite the opposite. The opportunities to revoke and, importantly, to reform the caucus of EU retained legislation would be slowed. There would be a process of delay and obfuscation, and it would not be effective government. In fact, it would be a betrayal of the responsibilities and duties we have as the upper House in scrutiny and oversight. Indeed, even above that, the Motion would invalidate the very raison d’être of the Bill, which has to exist. The noble Lord’s amendment is too rigid. It is instructive, and it would assume the powers of Ministers. In some respects, it would make this House itself part of the Executive in a way that Amendment 16 did not, which was much more permissive, declaratory and flexible in seeking to get to the same objectives.

For those reasons of legislative overreach, inadequate scrutiny and oversight, and delay and obfuscation if we were to go down the path of this Motion, I respectfully ask your Lordships’ House to reject it and support the Government.

Public Order Bill

Debate between Lord Jackson of Peterborough and Lord Cormack

3rd reading
Tuesday 21st February 2023 Lords Chamber

[Lord Jackson of Peterborough (Con)]

My Lords, I rise to speak to Amendment 1, tabled by my noble friend Lady Sugg. I will not repeat the comments made on Report. However, given that these are helpful tidying-up, administrative amendments, it is appropriate to put on record my very serious concerns about Clause 10.

I still have reservations about the sui generis nature of the proposal, particularly the use of “influence” in Clause 10(1)(a). Including this subsection in the legislation is an extremely slippery slope. This will come back to haunt the House and the Government in due course, not least because the clause is unnecessary. It is legislation by anecdote and a knee-jerk reaction to lived experience, rather than empirical evidence, not least because there is existing legislation in place and, as I mentioned before, there are PSPOs—which, incidentally, do not work. The two notable cases raised in the debate earlier this month have resulted in no criminal action and their dismissal, because the threshold for criminality and prosecution was not being met in those unique cases, involving a minister of religion and a Christian activist.

The clause will result in stigmatisation, hostility towards and, eventually, the criminalisation of, one group of people: Christians. I do not think that is what the vast bulk of your Lordships would wish to happen. The clause is pernicious and a fundamental assault on freedom of speech and thought. Although it cannot be stopped and this Bill will get Royal Assent, it is timely and appropriate for some of us to make the case that this is bad law. It is stigmatising a small group of people who are not fashionable, and it will come back to haunt in due course all of us who care very deeply about freedom of speech.

[Lord Cormack (Con)]

My Lords, I rise briefly to support what my noble friend has just said. I am grateful, as we all are, to my noble friend Lady Sugg, who has made a genuine effort to improve things since the first time she moved her amendment. That should be, and I think is, acknowledged throughout the House.

As my noble friend Lord Jackson said, we are potentially on a slippery slope here, because the stigmatising of someone who privately prays and does not necessarily say anything at all is very dangerous. We sometimes debate what happens in other countries, and although this is a long way off Chinese practice, it is going in that direction. We should be very careful. The law as it stands, without Clause 10, is adequate to deal with any problems that might arise. I can see that they might from time to time, but I do not believe that the “sledgehammer to crack a nut” approach is the right one. As my noble friend said, the Bill will go on the statute book. It will accompany many other imperfect pieces of legislation that we really should not have allowed through your Lordships’ House.