Parliamentary Voting System and Constituencies Bill

Lord Myners Excerpts

Wednesday 16th February 2011 Lords Chamber

[Lord Phillips of Sudbury]

Absolutely. I am perfectly willing to accept the decision of the British people, whatever that is and whatever the turnout is. I really do not understand how you can, if you like, push the partisanship completely out of account by saying that if there is not a 40 per cent turnout, we will decide. At this forthcoming referendum, the majority of the Conservative Party will be against AV; and although it was in its referendum, I sense that the Labour Party will be against it. Partisanship will rule.

[Lord Myners]

The noble Lord spoke about the referendum of the Labour Party, but I think he meant the manifesto. Perhaps I may correct him; he described AV as being a major plank of the Liberal Democrat manifesto. In fact it was not. AV was described by the leader of the noble Lord’s party as a “miserable little compromise”.

[Lord Phillips of Sudbury]

My honourable friend Mr Clegg may call it what he likes.

Parliamentary Voting System and Constituencies Bill

Lord Myners Excerpts

Tuesday 8th February 2011 Lords Chamber

[Lord Strathclyde]

My Lords, it is a nice idea that I would able to explain that now. My understanding is that it takes that long to get the figures out. If there were a way of speeding up the process, we would have done so, because we want the most up-to-date figures available for the review to use.

[Lord Myners]

In that case, will the Minister confirm that the Government have therefore taken all steps to investigate how they could speed the completion of the data collection, analysis and report of the census, as far as it would relate to electoral registration? The time taken to compute this information sounds extraordinarily long. The Minister is, I think, giving us comfort that he has taken steps to do that, but it would be helpful if that were to be confirmed.

[Lord Strathclyde]

My Lords, when there is a census every 10 years, there is a great debate about how quickly the information taken by that census can be applied to policy. Every 10 years, the answer is that it will come about as quickly as possible, and Ministers are encouraged to make it even quicker than that. However, it is not always possible to make the process quicker. Those who run the census do it on the basis of trying to provide the information quickly. I am very happy try to find out from them exactly why it takes so long. I will write to the noble Lord and put a copy of that letter in the Library.

Amendment 26 proposes to amend the definition of electorate to include all those eligible to vote in the UK, even if they have not registered to do so. This would have a consequent effect on the calculation of the electoral quota of the United Kingdom, and thus the size of constituencies drawn up by the Boundary Commissions in their reviews. This is very similar to Amendment 25A. I do not need to explain its drawbacks further.

Throughout the debates on this subject, in Committee and on Report, we made it clear that we agree that it is vital that the register is as complete and as accurate as possible. That must serve our interests as well as those of Parliament and ultimately those of the people we serve. However, progress on this must sit alongside the Boundary Commission's work on updating constituency boundaries. Solving the problem of under-registration will be a long-term process in which we should all be involved. Delaying the boundary review process until it is complete would mean that the 2015 election would be likely to be fought in constituencies based on electoral data from 2000. If noble Lords are genuinely concerned that representation should reflect entitlement—and I believe that they are—they should strongly support the Government's proposals. By leaving existing boundaries in place for the 2015 election and the next Parliament, the amendments would achieve precisely the opposite. On that basis, I hope that the noble and learned Lord will withdraw his amendment.

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[Lord Davies of Stamford]

I suspect that at this stage in the proceedings and at this time of night, there is not a great appetite in the House for a long speech. I want to speak briefly to my amendment, Amendment 22, which is grouped and is about wards.

It would be churlish not to start off by saying that I recognise—and am grateful and appreciative—that the Government have moved some way in our direction. The Minister will recall that I pressed him on the matter of wards at some length in Committee. After quite a long discussion, he ended up by saying that there may be,

“some merit in placing discretionary consideration”—[Official Report; 24/1/11; 713.]—

of wards in the Bill. I place on record that I recognise that the noble and learned Lord has done what he promised to do and has tabled an amendment, which he has not yet had a chance to move, Amendment 27A, which puts wards in the same category as other local authority boundaries for the purposes of the Bill.

Your Lordships may say: why are you rising at all to speak to the amendment? The reason is that there is a significant difference between what the Government propose—I recognise that they have taken steps in the right direction—and what I propose. The essential phrase in Clause 5, which all of us will remember, is that the Boundary Commission “may, if it sees fit” take into account local government boundaries. Wards are now included for the first time as a local government boundary.

“May, if it sees fit,” is a very weak indication or encouragement to the Boundary Commission to take ward boundaries seriously.

I have a greater degree of optimism in practice, because I have a great respect for the Boundary Commission and it is as familiar as we are with the strong arguments for respecting wards made very well by my noble friend Lord Bach. They are that wards are the building blocks of both local government and the major political parties in this country. To break them up or cut across them would be an attack on democracy at the grassroots. I am quite sure that neither the Tory party nor the Liberal Democrat party really want to do that. However, there is considerable merit in having a stronger formulation as in my amendment:

“Except in circumstances they judge to be exceptional, a Boundary Commission may not allow a ward to form part of more than one constituency”.

The obligation is placed on the Boundary Commission to make a case of exceptional circumstances if it decides to split a ward. That seems a much stronger formulation and I would be grateful if the Minister could say why he cannot accept an amendment which seems to encapsulate the spirit of the debate we had in Committee.

[Lord Myners]

My Lords, I was not intending to speak to this series of amendments but I believe there is an important generality here of respect for established boundaries and division points that define one community from another, be they county council boundaries or wards or other forms of distinct governmental boundaries and definitions. The House should proceed with great care before we disturb natural groupings—natural directions in which people look to have influence and where decisions will be taken which affect their lives and communities.

I have added my name to an amendment about Cornwall which the noble Lord, Lord Teverson, will table tomorrow. Unfortunately I am unable to be in the House then so I will speak for one moment now. The people of Cornwall recognise it as a unit of great integrity; they are very proud of being Cornish. The six MPs from Cornwall, three Liberal Democrats and three Conservatives, are all agreed that Cornwall must remain an intact area in terms of preserved constituencies. I will not be able to speak tomorrow in support of the noble Lord, Lord Teverson, but I want to use this generality around respect for boundaries and traditional definitions of areas in relation to Cornwall. In would be a monstrous outcome if Cornwall was required to share a constituency with Devon.

Parliamentary Voting System and Constituencies Bill

Lord Myners Excerpts

Tuesday 1st February 2011 Lords Chamber

[Lord Campbell-Savours]

My Lords, this amendment takes us back to the debates two years ago on the Political Parties and Elections Bill, for which we took Committee stage in the Moses Room. There were long debates on the whole issue of fraud in elections. From the discussions that everyone had been having with the Electoral Commission and with Ministers during the course of the debate, it was clear that the Electoral Commission was bending over backwards to find ways of sorting out the problem of individual registration. I tabled a number of amendments dealing with individual registration but none in this particular area because it had not dawned on me at the time that, in the very different world in which we now live, there might be those who, in certain conditions, might be prepared to abuse the system.

No major change is being asked in this amendment. This minor change would check that the first elector was the first elector, so that people would know whether there were ballot papers already in the ballot box, to put it bluntly. Even though fraud at this point in the process might not be prevalent, the proposed change would help reassure the wider public that everything possible is being done to ensure that the electoral system in this country has integrity.

[Lord Myners]

My Lords, I speak in support of Amendment 122. I think that it is a small but important step; in fact, I would like to see us go further. It is absolutely critical that we take every action within reasonable grasp to protect and enhance the integrity of the voting system, which has been brought into disrepute in recent years.

I think particularly of the comments by the noble Baroness, Lady Warsi, about ballots that she believed had been in contravention of correct process. I acknowledge that at times it is difficult to tell whether the noble Baroness is speaking on behalf of the Government, the coalition, the Conservative Party or a faction within the Conservative Party. For example, I think of her comments immediately after the Oldham East and Saddleworth by-election about the right wing of the Conservative Party. I also think of her comments the previous night on BBC2’s “Newsnight” programme in connection with the Royal Bank of Scotland—I regret I was unable to be in the House this afternoon when this matter was handled in Questions—when the noble Baroness said that the Government were renegotiating contracts with executives of RBS. Since then, the Treasury has been very keen to suggest that it is not doing anything of the sort. However, the comments made by the noble Baroness on electoral issues were ones that we should take careful note of when considering this amendment.

I would actually prefer a change in the design of the ballot box. I would like to see ballot boxes that are transparent, so that it is possible for people to see their vote going into the box. The amendment deals with the authenticity and the integrity of the ballot process only at the time when the first decision is made on a vote, but I think that my proposal would bring huge confidence.

[Lord McAvoy]

My first reaction is that a transparent ballot box could add to democracy and could be useful. On the other hand, when thinking of the mechanics of polling day, one has to consider that sometimes people do not fold the ballot paper properly and if that happened in a transparent box it would show who the person had voted for, or did not vote for, which would render the vote invalid because someone was able to identify it.

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[Lord Myners]

My noble friend is as sharp as ever on these issues. I had already given thought to that matter. I suggest to my noble friend that a ballot box could be transparent at the top, so that you could see your vote going in, but not transparent at the bottom where the vote rested. That would perhaps address the issue. I encourage the noble Lord, Lord Strathclyde, when he engages with his colleagues in the Cabinet Office on further constitutional reviews, to give this some consideration.

However, it seems to me that my noble friend Lord Rooker has made an entirely reasonable proposal that in no way seeks to obstruct the intention of government policy. It would be commendable to the House and to the country as it would endorse the integrity of the balloting process and the confidence that we can have in the outcome of elections conducted through such a mechanism.

[Lord Maxton]

I support the amendment as well. I support my noble friend Lord Myners in his idea of a transparent box, whether or not the bottom is transparent. I would rather we did not have ballot boxes at all and voted electronically, but that is a personal campaign which I have been running for a long time. I include in that this place as well. I notice that we will be able to bring electronic devices into the Chamber—but perhaps not yet—and then we can start to vote through them as well.

I have one question for my noble friend who moved the amendment. Who exactly is the first elector? In certain circumstances, those who work at the polling station can be electors in that seat. They could be given the right to vote prior to the polls actually opening. That is a bending of the rules but I think it happens. It is an easy way to ensure that someone who is working all day has the opportunity to vote first. How would my noble friend respond to such circumstances? I think there is some case for saying that the rules must be absolute and that the polling station must not open until 7 or 8 am, whichever election it is, and that no one can vote before then. I have a suspicion that in the past people have been allowed to vote just before the polling station opens.

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I ask the Leader of the House to consider these issues and to convene a non-partisan gathering of all the parties to see if there is a way forward.

[Lord Myners]

My Lords, I have sympathy with some of the sentiments expressed by my noble friend Lord Campbell-Savours about where electoral stations should be located. There is clearly sense in using school-houses for this purpose, not least because, in the past, each village and town would have its own school. I speak with the experience of coming from a rural constituency in Cornwall, where the schools are getting bigger; local village schools are being closed and our children have to travel longer distances to school. This probably makes sense because we are able to give them a better education and ensure that the schools are better resourced with technology.

However, it means that people in rural communities who tend to use schools as voting centres will now have to travel a greater distance to the school. This has always been a problem in rural constituencies. My mother never voted until quite late in the day. At about nine o’clock in the evening people would knock on the door and say that she had not voted, and the Conservatives and Liberals would offer cars to take her to the voting station. She always went with the Conservatives because they tended to have rather big cars and she quite liked that. She always voted Labour but she felt that it was a part of the joy of the constitutional process to go in the kind of large car in which, no doubt, the Leader of the House is accustomed to travelling, both in his ministerial office and in his private life.

A school is not the obvious place to hold an election and there is an opportunity here which resonates with the big society. Like many people, I have been wrestling to understand the big society. It is like trying to put together a 1,000-piece jigsaw puzzle, and I have now got 15 pieces on the board to help me work out what it is. I am not unattracted by creating a part of the complex of our social life which is not dominated by governmental or quasi-governmental institutions and where a sense of community is fostered. One of the things I suggest to the Leader of the House is that we should give real consideration to looking at nodal and communication points, where people cluster in communities, and see if we can put polling stations in those centres. People clearly now gravitate towards urban shopping centres and out-of-town shopping centres; perhaps we should at least experiment with putting polling stations closer to where people go in their day-by-day life. The local post office is the obvious place, for instance, to have a polling station in a village that has for many years not had a school-house. This observation tends to point me in the direction of supporting the sentiment expressed on this point by the noble Lord, Lord Campbell-Savours.

I wonder if I could also just delay the House for a brief moment to pick up a point made by my noble friend Lord Soley: why the application for a postal vote requires the date of birth at all. Can the Leader of the House explain this? We now operate in a society where it is increasingly regarded as inappropriate to ask people their dates of birth. Indeed, when you interview somebody you are no longer allowed to ask their date of birth; you have to deduce it from their education and their appearance. It seems quite extraordinary that this is a requirement of the postal voting form. There must be a suspicion that, perhaps if one misrepresents one’s age—one perhaps becomes accustomed to taking a couple of years off in polite conversation—you might complete the form incorrectly and in so doing prejudice your vote and conceivably the outcome of the whole election. I ask the Leader of the House if he can tell us why it is necessary that people should still be embarrassed by having to disclose their date of birth.

[Lord Tyler]

I will respond briefly to the noble Baroness, Lady Liddell, because she has a good point about the way in which the whole of these arrangements should be looked at on a non-partisan basis. However, I am frankly mystified as to why this debate is taking place at 9 pm in your Lordships’ House. That does not seem to be the appropriate place. The discussion that she is seeking would be much more appropriately done within a different context. I cannot understand from any of the contributions—

Parliamentary Voting System and Constituencies Bill

Lord Myners Excerpts

Thursday 20th January 2011 Lords Chamber

[Lord Myners]

My Lords, I rise to speak in support of the amendment proposed by my noble friend Lady Hayter—Amendment 85C—and I endorse the very wise observations made from the opposition Benches by the noble Lord, Lord Jenkin of Roding.

[Lord Jenkin of Roding]

These are now the government Benches. Perhaps the noble Lord has forgotten.

[Lord Myners]

I think that we regard you as at best temporary occupants of the Spiritual and Temporal Benches on the opposite side.

As I look to the opposite side, I see many people who, like me, have enjoyed a career as a result of the great focus of skill that we have in the City of London. I look to those who have represented the City of London, such as the noble Lord, Lord Brooke, who was for many years my Member of Parliament—I may not have agreed with his politics, but he was an extremely good constituency MP—and to the noble Baroness, Lady Wheatcroft, who was a City editor.

Without wishing to inflame the views of those behind me, I would say that the City is the City of London. We do not use the term “the City” as shorthand for Birmingham, Manchester or Truro, where I come from. The City is the City of London—the square mile—which is a source of great excellence and a centre of economic prosperity. Of course, some firms based in the City have experienced recent difficulties, but we must not forget that many sectors of activity conducted within the City of London, under the supervision of the Corporation and the guidance and framework that the City of London provides, have continued to prosper. I think here particularly of fund management and of insurance.

The City is the square mile, and we cannot see this great centre of excellence divided as part of a rounding error to make weight for adjacent constituencies with wholly different profiles. To ensure continuing effective liaison among Guildhall, the City Corporation and Parliament, it is important that the City resides within a single parliamentary constituency. That is why I support the amendment of my noble friend Lady Hayter.

I was fortunate to be offered a ministerial position in the previous Government. My formal title was Financial Services Secretary to the Treasury, but the office was commonly referred to in the press and elsewhere as “the City Minister”. I endeavoured at all times to recognise that I had a particular responsibility to speak for the activities that took place in the City. Other centres such as Edinburgh, Manchester, Norwich and Bristol also have great centres of excellence and skill in financial services, but above all else that exists in the City of London and the square mile. I urge the Minister to recognise in this amendment that the City is a very special place. Frankly, it will not be understood in the City or elsewhere if the City is just parcelled out among other constituencies.

[Lord Martin of Springburn]

I wish to speak to Amendment 81, on Argyll and Bute. I make no criticism of the other House when it debated this matter—far from it, as I served in that House for 30 years—but the different practices that exist in the other House are such that perhaps constituencies and the problems of them in legislation like this are not always highlighted in the way that can happen in this Chamber. Please be assured that bringing up Argyll is not a reason to delay. I just want to explain that Argyll should have the special consideration that the Minister’s former constituency is to be given because of its vastness.

I asked the Library to look at the size of other constituencies along with Argyll and Bute. Penrith and The Border was represented by David Maclean—Lord Maclean as he will now be, as he is about to come here—whom I considered a good friend regardless of the fact that we belong to different political traditions. Penrith and The Border covers 113 square miles. Anyone who has been in that part of the world will acknowledge that Penrith and The Border is a very big constituency, but in comparison Argyll and Bute is 2,751 square miles. Westmorland is 61 square miles compared with the 2,751 of Argyll and Bute.

My noble friend Lord Robertson—an Argyllshire boy, born and bred—tells me that, if you were to measure every inch of the Argyll coastline, the distance would be such that it would take you from Glasgow to New York. The islands are not small by any means. There is Mull, Jura, Islay, Colonsay, Tiree, Gigha, Coll and the beautiful and ancient Iona, where Columba brought Christianity to Scotland.

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[Lord Davies of Stamford]

My Lords, I have listened to this debate with great interest. I listened with great sympathy to the paean of praise for Telford by my noble friend Lord Grocott. I happen to know Telford because, when I was Defence Procurement Minister, among the agencies for which I was responsible were the Defence Support Group and the Defence Storage and Distribution Agency. I visited them in Telford on more than one occasion. I watched them doing superb work repairing vehicles that had been repatriated from Afghanistan after having been extremely seriously damaged by improvised explosive devices. I was immensely moved—that is the only word that I can use—not only by the skill but by the extraordinary dedication of the people who were working on that job. They knew how enormously important it was for the military and they were proud to do the job, which they did with absolute perfection and dedication. If any group of men and women in this country deserves special electoral recognition, I should find it hard to deny it to the people of Telford.

Apart from that consideration, I had no idea that anybody was thinking of making a special concession to Telford. Neither was I aware of the attractions of the Scottish islands off the coast of Argyll. Having heard the idyllic descriptions of them from several quarters of the House this evening, I shall certainly make it a priority to visit that part of the country.

With the leave of the House, I will revert to the City of London and speak in support of the amendment tabled by the noble Lord, Lord Brooke, who spoke with the historical erudition that the House will associate with him. I also support the equivalent amendment tabled by my noble friend Lady Hayter, which would have a similar, although slightly more forceful, effect. The noble Lord, Lord Brooke, supported by the noble Lord, Lord Jenkin, made a case for the historic privileges of the City and for the City of London’s right to continue to be recognised as a constituency, or as part of a constituency with that name included in it, as has been the case since Parliament existed.

I follow my noble friends Lady Hayter and Lord Myners in making a more pragmatic case. I am in no way detracting from the historical case, but I think that there is an important practical reason for continuing to ensure that one individual—one man or woman—can be described as the Member for the City of London. So that I do not get into trouble, I had better declare an interest, although it is not really a current interest. Before I entered politics, I was engaged full-time in the City of London, latterly as a director of a merchant bank. I was a colleague of the noble Earl, Lord Home, with whom I shared an office at one time. I saw him in his place a moment ago, although he has now left the Chamber. Even after I had been elected to Parliament as a Back-Bencher, I continued my role in the City and subsequently, before entering the Government, I was on the council of Lloyd’s of London, which is one of the biggest insurance and reinsurance groups in the world. However, I have no current financial interest in the City of London. I am a liveryman of the Goldsmiths’ Company, which is one of the ancient City companies, but I do not know whether that in any way constitutes a material interest.

Having said that, I recognise that it is difficult to say anything favourable about the City at the present time. Bankers and politicians are the two most unacceptable groups of humanity at the moment in this country and, indeed, elsewhere and we just have to accept that for the time being. As I have said in the House, there is no doubt that in commercial banking, which is just one area of activity that takes place in the City, serious professional mistakes were made. An awful lot of the criticism and, indeed, vituperation has, I am afraid, been all too well deserved.

Nevertheless, the City of London is much more than commercial banking or investment banking, which is my field. The City of London involves stockbroking, securities trading, fund management, international fund management—an enormously important field of activity, as my noble friend Lord Myners said—commodities trading, insurance and reinsurance, both the company market and the Lloyd's market, and shipping. The Baltic Exchange is the world's greatest centre of trading in ship charters. I do not have the figures in my head, but we all know that the City generates an enormous proportion of gross domestic product. Some people may say that it is disproportionately great, which may be true in the sense that it would be nice to have a more balanced economy, but the solution to that is not to run down the great asset and generator of wealth that we have, it is to nurture it and ensure that we are in no way inhibiting the development of other sectors of economic activity.

The City is an enormous national asset. It is the envy of Europe that we should have achieved here in London, in this time zone, far and away the greatest financial market in the world. It is a great source of employment. The latest figure which I have, which may be out of date but it sticks in my mind, is that half a million people work in the City every day. The vast majority of them come into the City. We have already heard from the noble Lord, Lord Brooke, that only about 4,000 or 5,000 people live in the City and some of them do not work there, so it is an enormous generator of wealth and employment.

I think that the House is familiar with the importance of the City to the national economy and will therefore bear with me when I say that it would be an enormous mistake to deprive the City of a representative in Parliament who is explicitly that, who is the Member of Parliament for the Cities of London and Westminster, or whatever the name might happen to be. It clearly needs to be for the City and somewhere else, and Westminster seems to fit it very well, but it must be a single Member of Parliament for the City. If the City was divided between two, three or four constituencies—the neighbouring constituencies at present—that responsibility would not fall on any one man or woman. We would not have a clearly defined interlocutor for government who could say truthfully that he or she represented the City; we would not have one person to whom the City could appeal.

Before I give way to my noble friend Lord Myners, perhaps I may say that he was an enormously distinguished Minister for the City. We need a Minister for the City and it would be nice if we could again have such an able and effective Minister as my noble friend, but the Minister for the City, by definition, is not a representative of the City; he is a member of the Government constrained by collective responsibility. There may be occasions when the Government want to do something that the City does not want, or the City wants to make representations to the Government to do something else. In those situations, it is necessary that the City has a genuine representative in Parliament in the form of a man or woman who has in his or her title the phrase “Member for the City of London”.

[Lord Myners]

I am grateful to my noble friend for his correct anticipation of my point. It is disappointing that we no longer have a City Minister. We no longer have in government a Minister who is seen to have specific responsibility for the City. Instead, the responsibility is divided between Mr Mark Hoban in the other place and the noble Lord, Lord Sassoon, in your Lordships' House. It is clear that there is a dispute between the two of them as to who speaks on behalf of the City; they fight for the juicier parts of the responsibility and eschew the more burdensome ones. The need to have a powerful voice for the City should be reflected in the constituency structure. Also, I urge the Government to designate one Minister as the City Minister. That has gone unnoticed, unnoted and uncommented on at a time when the City needs representation and a direct dialogue between the Government and the City.

Terrorist Asset-Freezing etc. Bill [HL]

Lord Myners Excerpts

Wednesday 6th October 2010 Lords Chamber

[The Archbishop of York]

My Lords, in the debate on Second Reading on 29 July, I supported the noble Baronesses, Lady Hamwee and Lady Falkner, and the noble Lords, Lord Pannick and Lord Myners, in suggesting that “reasonable suspicion” provided too low a threshold for action that would violate a person’s liberty, privacy and financial interests. I prefer the term “reasonable belief”. The difference between the two is that reasonable suspicion means that something may be so, whereas reasonable belief means that something is so. To me, the distinction is important. However, I congratulate the Government because at least they listened to the debate. The noble Lord, Lord Sassoon, argued in his reply that the test of reasonable suspicion was necessary to allow preventive action to be taken before any terrorist acts were actually committed. He cited the freezing of assets in connection with the transatlantic bomb plot in 2006. However, he indicated that he had listened to the arguments.

Last Friday the Government tabled their amendments, which essentially create a distinction that I think is probably reasonable. The amendments create an interim designation that would expire after 30 days and a final designation that would be made subsequently. New clauses inserted after Clause 5 state that the test for an interim designation would be that of reasonable suspicion, while Amendment 2 amends Clause 2 to provide that the test for a final designation would be that of reasonable belief. This provides a way of allowing preventive freezing through a lower threshold of proof for a limited period.

The noble Lord, Lord Pannick, and the noble Baronesses, Lady Hamwee and Lady Falkner, have tabled an alternative set of amendments that would apply a more rigorous test by substituting the test of reasonable belief in Clause 2—Amendment 3—and by providing that designation should expire after 30 days unless confirmed by the High Court. This would bring judicial review forward to an earlier stage in the proceedings and make it automatic rather than dependent on the lodging of an appeal.

I have only just seen these amendments with the publication of the Marshalled List, but my initial inclination is to think that they do not meet the point about preventive action, which is at the heart of the Bill. Noble Lords will remember that UN Resolution 1373, adopted in 2001, required member states to prevent the financing of terrorist acts, including the freezing of funds, and to prevent their nationals and those within their territories from making funds and resources available: so it was intended to prevent actions. On that particular bit, I am happy with this two-pronged approach: first, an interim designation, and then after 30 days an actual designation. But I am not sure why the final designation is not to be made by the High Court. Why have we not gone that little bit further? I understand the interim designation because we need to stop people, as the United Nations requires us to do. Indeed, we are here today simply because the Supreme Court has ruled that the orders that have been made by Order in Council should not have been made in that way. It said not that they were not right but that they should have been made through an Act of Parliament. I suggest that, in keeping with UN Resolution 1373, and with Resolution 1452 in December 2002, the interim designation that is being attempted here goes a long way to meet my concern last time, but I am not so sure why, after a period of 30 days, the designation will not be made by the High Court.

[Lord Myners]

My Lords, I join others in giving credit to the Minister for the changes that have been made on the issue of reasonable suspicion and reasonable belief. When I was a Minister, I came to recognise that officials’ favoured recommendation on any amendment or discussion in this House and probably in the other place is “resist”. It is much to the credit of the Minister that he listened carefully to the arguments and has brought forward a constructive proposal.

It is clearly the case that you can reasonably suspect something without necessarily believing it, as the Minister’s proposal acknowledges. It is possibly churlish, therefore, to find any fault. However, I have a reservation that the proposed interim test may now be recognised as rather simple and could be used for a fishing trip to flush out further evidence during the period. It will be interesting to hear the Minister’s response as to how we can be assured that the test of reasonable suspicion will be implemented with appropriate respect for our intention in that regard.

I hope that the Minister will also confirm that the acceptance of these amendments today will not limit further discussion on Report. Other Members of the Committee have noted that these amendments, constructive and welcome as they are in most respects, have nevertheless been tabled quite recently. As the noble and learned Lord, Lord Lloyd of Berwick, indicated, they give rise to significant issues, which Parliament should be expected to consider carefully.

I add my support to the observation of the noble Lord, Lord Pannick, about the protocols that will apply in a situation in which an initial freezing might be extended. The noble Lord is right to say that that should be done not simply on the basis of there being new evidence but on the basis of substantial and material new evidence. This is to ensure that the abuse that the Government have in mind—the granting of successive interim orders without ever having to go to the test of reasonable belief—is addressed. The noble Lord’s suggestion in this respect is entirely consistent with the grain of the Minister’s thinking.

As the Minister who took the temporary Bill through this House earlier this year, with the noble Baroness, Lady Noakes, responding on behalf of what was then the Opposition, I agree that the Minister has presented us with a significant improvement on that legislation.

[Lord Lester of Herne Hill]

I agree with everything that has been said by everyone—including the congratulations to the Government—and I can therefore be extremely brief. I rise not to hear the sound of my own voice but to make two points. First, the Joint Committee on Human Rights was formed only a couple of weeks ago and will consider this debate and the amendments when it meets next week, after which it will report. As a member of the committee, I feel that that is a further reason for supporting what has been said by three contributors—my noble friend Lady Hamwee, the noble Baroness, Lady Noakes, and the noble Lord, Lord Myners—about the importance of being able to return to these matters on Report. Although the Constitution Committee produced an important report, I am sure that Members of the House would like to be informed about the human rights implications.

Secondly, the original Explanatory Notes on the Bill were rather brief in dealing with the human rights implications. I believe that a more detailed human rights memorandum was submitted by the Treasury on 13 August. I have asked in the Printed Paper Office for a copy but it does not have one. Will the Minister indicate the need for that to be made available before final decisions in this House are taken? As it is not there now and I have not had the benefit of seeing it, I certainly do not feel as well informed as I would like to be.

Lastly, could the Minister say something about the important decision of the European Court of Justice in the Kadi No. 2 case last week, which found in favour of the applicant in a terrorist asset-freezing context and insisted on writing strong safeguards against abuse into the United Nations framework? Again, the House needs to be informed about that in considering on Report the implications of the most welcome amendments that have been put forward but which have been subject to powerful criticism and questioning by members of the committee.