(4 years, 2 months ago)
Grand CommitteeMy Lords, I am tempted to say: “Follow that!” The noble Lord has given us something that is not just elegant and eloquent but very firmly researched. To avoid the risk of being accused of being repetitive or even repetitious, I propose to adopt the contribution not only of the noble Lord, Lord Young, but that of the noble Lord, Lord Cormack, both of which point very firmly in favour of this amendment.
I took some time—but not as much as the noble Lord, Lord Young—to look at the dictionary and examine what the word “practicable” is said to mean. There are a series of alternatives: realistic, feasible, possible. The point about them, however, and the point about practicable, is that these are all subjective. The consequence, as was hinted at just a moment ago by the noble Lord, Lord Young, is that there is a discretion which is virtually unfettered. The potential problem for Governments, of course, would be that a failure would be subject to the possibility of judicial review. Very few Governments would want to be put to the embarrassment of being taken to the High Court to explain their failure to do something which, as the noble Lord, Lord Young, has just pointed out, is routinely a matter of administration.
The point is this: the amendment does not destroy that discretion but limits it so that Governments cannot use it for their own interests. We have had several examples of that, both at Second Reading and again today. It cannot possibly be wrong to allow the Government discretion but to ensure that they do not abuse it.
My Lords, I am speaking to Amendments 7 and 9, to which I have added my name, along with those of three of the most noble of colleagues from the other place, for whom I have the deepest respect. What has already been said, particularly by my noble friend Lord Young of Cookham, says it all.
My noble friend Lord Cormack spoke about the Executive and I think he is right to have a cynical view of Executives of all political colours. As was said in a previous debate, the governing party should always remember that the electoral cycle will go round and it will be on the receiving end of some of these measures and they may not seem like such a good idea. I cannot see a good reason for not accepting these amendments, to be perfectly honest, as my noble friend Lord Young has eloquently expressed. It would be very wise for the Government to have a little think about this and insert a time limit. It might not be 12 weeks—although 12 weeks seems like an excellent idea—but, to make sure that they do not look like they have given in, they could make it 13 weeks, and then it would be a government victory. That is the way I see these things evolve.