Data Retention and Investigatory Powers Bill

Lord Taylor of Holbeach Excerpts

Thursday 17th July 2014 Lords Chamber

That is what my amendment deals with. I hope, first, that it will have the approval of your Lordships and, secondly, that my noble friend Lord Taylor of Holbeach may be inclined to accept that the amendment can do no harm and may, indeed, do some good. I beg to move.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con)]

My Lords, I am grateful to my noble friend for tabling this amendment. He slightly wandered off it into more general objections, which he might have made at Second Reading yesterday.

On his particular amendment, the requirements in Clause 1(1) of the Bill respond to the European Court’s criticisms of the data retention directive—to ensure that no more data than are required are retained. It is worth reiterating that the judgment concerns the EU data retention directive, not the UK data retention regulations. In the UK we have always taken a tailored approach—if I might use that word—to retention notices. We do not and have never required every communications provider to retain all its data. Ministers have always issued retention notices to selected companies based on the nature of the company and the threat, and we have required the retention only of the data types listed in the schedule of regulations.

Following the judgment, we are putting that good practice in the legislation. This Bill will require the Secretary of State to issue data retention notices to communications service providers on a selective basis: only if she considers the obligation to be necessary and proportionate for one of the authorised purposes. We also add a requirement to keep notices under review. I think therefore that we are in close agreement on what is required.

Ministers have not required an operator to retain data without first going through a serious and careful consideration of the value to be gained by law enforcement and intelligence agencies from the data retained. This Bill ensures that these considerations are law. We feel that it is appropriate for Ministers to “consider” these issues. They have never taken this consideration lightly and I can assure noble Lords that they have no intention of doing so in future. I do not believe that a Minister having due consideration to the issue of a notice could decide to proceed if he or she did not believe that to do so was necessary and proportionate.

In other words, I do not believe that changing the word “considers” would have any material effect. I know that my noble friend met with parliamentary counsel this morning and was told that it does not. Accordingly, I invite him to withdraw his amendment.

[Lord Phillips of Sudbury]

Before the Minister sits down—I am keen to have his response to this—if, as he now confirms, the Government think that there is no difference in meaning between “considers” and “believes”, why not have consistency between the language of RIPA and that of the Bill so as to avoid confusion and argument in future?

[Lord Taylor of Holbeach]

If my noble friend had been listening to yesterday’s Second Reading debate, he would have understood that it was the view of the House in general, and certainly of the Government, that the review that will be undertaken will indeed look at RIPA and decide whether the terms stated in it are appropriate for future-proofing the legislation. Meanwhile, the Bill is presented to the House in ways that we believe are appropriate to deal with the problems that I outlined when I introduced it yesterday.

[Lord Phillips of Sudbury]

My Lords, I regret to say that I find that answer completely unsatisfactory. There is every reason in the world, I suggest, why we have commonality of language, particularly in clauses that expressly relate one to another. If it is felt after the review that the language of RIPA 2000 needs changing, a change could be made to this legislation as well. In the mean time, though, there is going to be confusion, and it is a difficult enough Bill without adding unnecessary complexity to it. However, since no one in the House has risen to support the amendment, I beg leave—with good grace, I hope—to withdraw the same.

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[Lord Paddick (LD)]

My Lords, I also support the noble and learned Lord, Lord Hope of Craighead. At Second Reading, the noble and learned Lord made a compelling case for addressing the precise wording in the European Court judgment. With the greatest respect to my noble friend the Minister, his response to that assertion did not quite come up to the level of the case made by the noble and learned Lord. I also support the comments of the noble Lord, Lord Davies of Stamford, in that it would not only help lawyers to avoid court cases as a result of not addressing strictly the wording in the judgment but it would also be reassuring to the public to have the wording as suggested in the amendment.

[Lord Taylor of Holbeach]

My Lords, I am grateful to the noble and learned Lord, Lord Hope, for tabling his amendment as it gives us a chance to talk about these issues. Perhaps he will not mind if I turn first to the noble Lord, Lord Davies of Stamford, and thank him for his kind words about the work that has been done by my officials overnight. They exemplify the sort of support that the Civil Service can give to Ministers. It has been greatly, I hope, to the advantage of noble Lords to have this information available.

I will deal with the issue that the noble Lord raised, which was the point in the Constitution Committee’s report about why we are dealing with these provisions now rather than in 2012. As the Government made clear last week, some companies have already now started to question whether they are under a duty to comply with their obligations under RIPA. The details are obviously sensitive but, as the Prime Minister made clear, we are approaching a cliff edge. A failure to legislate could result in a damaging loss of capability. We were discussing earlier, when I was dealing with the Urgent Notice Question, an area where that capability was necessary. If companies cease to comply, the security agencies will lose the visibility of what targets are saying to each other and in turn could lose the ability to understand the threat that they pose. The Opposition have been briefed in detail on the issue and the Intelligence and Security Committee is well aware of the challenges that we face. Indeed, I happened to meet the chairman of that committee, Sir Malcolm Rifkind, in the street on my way to work this morning.

[Lord Davies of Stamford]

I thank the Minister for giving way. I was referring to paragraph 11 of the Constitution Committee’s report, which says:

“It is not clear why these provisions need to be fast-tracked … There is evidence that the Government have known of the problem for some time. The Joint Committee on the Draft Communications Data Bill noted in its report (published in December 2012) that ‘many overseas CSPs [communication service providers] refuse to acknowledge the extraterritorial application of RIPA’”.

The point in the committee’s report was simply that the Government could have reacted to the earlier Joint Committee’s suggestion in 2012 that there was a problem here, a lacuna, a danger. The Government have known that for about two years. It would have been more dignified for the Government simply to say, “On this occasion, we missed a trick. We should have responded then. I’m sorry, chaps. There is a serious problem and we have to respond now”. Everybody would understand that.

[Lord Taylor of Holbeach]

I am sorry but I have to ask the noble Lord to read in Hansard what I have just said if he fails to be convinced as to why the Government are legislating now. I will leave it at that because I do not suppose that I will convince him on the principle, whatever I say.

[Lord Butler of Brockwell (CB)]

My Lords, I rise in defence of the Minister because the Intelligence and Security Committee discussed this point with the director of GCHQ on Tuesday morning in the short time available. There have been developments since 2012 that have affected the attitude of the providers—for example, the activities of Mr Snowden. The committee was satisfied that there is a serious risk of loss of visibility of people who ought to be under observation and that the Government’s arguments that this is an urgent matter were justified.

[Baroness Smith of Basildon (Lab)]

My Lords, I rise briefly because I think that perhaps my noble friend Lord Davies has been misunderstood. I do not think that he doubts for one instant the emergency situation that necessitates this legislation. His argument is that the Government could have acted sooner. I will not enter into a debate as we had a long debate yesterday, but it remains our contention that the Government could have acted sooner on this issue. But there is a time imperative now on this legislation.

[Lord Taylor of Holbeach]

I will not argue with the noble Baroness if she wants to make that judgment of things. The Government have to make decisions for themselves on these issues and they do so in the knowledge of the facts, as the noble Lord, Lord Butler, explained to the House. The Government make judgments at the time as to what is necessary, and in this case they have made the right judgment.

We have had a side-show. I now turn to the substance of the amendment in the name of the noble and learned Lord, Lord Hope. I share his wish to ensure that the new regime for data retention that we are putting in place through the Bill is fully compatible with the European Court of Justice, and that is what we are doing. As I explained at Second Reading, while the EU data retention directive was struck down by the European Court of Justice, the ECJ judgment was about the EU data retention directive. The court did not rule on any member state’s legislation and did not take into account the many safeguards which I explained we have in our domestic regime. Many of the ECJ’s concerns are already addressed by the UK’s domestic legislation. Crucially, the judgment explicitly recognised the importance of data retention in preventing and detecting crime.

Nevertheless, although the UK’s existing data retention regime is already a very strong one, with stringent safeguards and oversight, in order to respond to elements of the judgment, we are extending the existing safeguards in a number of ways. Details of those safeguards are contained in our factsheet on that issue, which is available from the Printed Paper Office. However, I will elaborate on them here.

The regulations made under the Bill will replace the 2009 data retention regulations. They maintain the status quo, while also adding additional safeguards in response to the ECJ judgment. In particular, the regulations set out what must be specified in a data retention notice and factors to be taken into account before giving a notice; place a requirement on the Secretary of State to keep such notices under review; set out the security requirements which apply to data retained under a notice; require providers permanently to delete data when they are no longer under an obligation to retain them; require providers to ensure that data are not disclosed except in accordance with the access procedures in RIPA or a court order; and provide for the Information Commissioner to audit compliance with the requirements of the regulations. A provisional draft of those regulations is also available from the Printed Paper Office.

I am satisfied that with those extra safeguards we are on even stronger ground in asserting that the UK’s data retention regime fully meets the requirements laid down by the ECJ. That judgment does not require us to adopt every single bit of wording in the judgment. On the specific details of this amendment, the test currently in the Bill allows the Home Secretary to consider not just whether it is necessary to require a communication service provider to retain data, but also whether the interference that retention involves is proportionate to that legitimate aim. We believe that that is in accordance with the judgment, which also makes it clear that it is necessary to verify the proportionality of any interference with a person’s rights when requiring the retention of data. The test of necessity and proportionality is a well established legal principle, as the noble and learned Lord well knows, which is already a notable feature of elements of the existing RIPA regime.

I am, as ever, grateful to the noble and learned Lord for sharing his considerable experience and expertise with the House, but I hope he is satisfied that the clause simply seeks to build on those long-standing principles, providing an extended safeguard and appropriately reassuring the public. We have a strong test here, which is fully in the spirit of the court’s judgment. Accordingly, I do not believe that the amendment is necessary, and I invite the noble and learned Lord to withdraw it.

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[Lord West of Spithead]

My Lords, the point made by the noble Lord, Lord Howard, is important, and I accept it. There is a danger of raising a precedent here. On a point of clarity for a simple sailor, may I ask: if an amendment is taken today, is there a mechanism within this urgent high-speed way in which we are doing things to get the change back to the Commons to get it sorted out, or are we talking in a vacuum, because nothing has been organised to achieve that?

[Lord Taylor of Holbeach]

I am sure the usual channels make arrangements for any such potentiality. I am very grateful to my noble friend Lord Howard of Lympne for the way in which he presented the important point that the British Parliament and British law lie at the bottom of all this. We have had a chance to consider this matter. I do not know whether beliefs have been changed by our consideration of the previous amendment, but at least that consideration has been valuable. However, I still urge the noble and learned Lord to withdraw his amendment.

[Lord Hope of Craighead]

My Lords, I am extremely grateful to the Minister for his reply and to all those who have taken part in this debate. I wish to make one or two further points. First, the Minister is, of course, right that the judgment was concerned with the directive and not with any UK measure: that is the nature of the jurisdiction it was exercising. However, when lawyers get to work in response to clients’ demands, some of whom have very deep pockets—we are dealing in this field with people who may well be in that category—people start thinking about things and drawing analogies with what is said by courts in analogous situations. That is the significance of the wording of the judgment so far as the wording we have put in the Bill is concerned.

As I think I explained, my intention in bringing this matter before the Committee for discussion is so that we can have a fuller discussion of the detail than we could have had yesterday at Second Reading. There is, of course, a lot of force in what the noble Lord, Lord Howard, says and one does not want to parrot the wording in European judgments just for the sake of it. However, there is the broader point made by the noble Lord, Lord Davies, earlier that there is a reassurance to the public, too, in adopting these words, which were chosen by the European court in order to meet what it saw as a concern about the use of this system. Therefore, I am not disappointed that I brought this matter forward as it requires very careful consideration. I hope that the Minister will think a little more closely about it before we get to Report, although there would obviously be difficulties if I were to bring the matter before the House again. However, for the time being, I beg leave to withdraw the amendment.

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[Lord Taylor of Holbeach]

I can say to my noble friend Lord Blencathra that although I have not read MLAT, I have been present when its provisions have been discussed. He will be aware that one of the provisions that we are hoping to set up involves appointing a diplomat to look at how we handle these matters. Indeed, our whole approach to this issue is about mutual co-operation. It is not adversarial, although we understand that the law has to assume adversarial premises and the definitions that might apply in such circumstances, but that does not undermine what we are trying to achieve.

I am again grateful to the noble and learned Lord for tabling this amendment. He spoke articulately at Second Reading on the difficulties of enforcing warrants across jurisdictions. He is probably mindful of that, given his Scottish experience in relation to English law. I understand that his intention is to improve the prospects for successfully enforcing obligations under RIPA on overseas companies, and clearly none of us could object to that.

Clause 4 makes clear that the obligations under RIPA apply equally to persons overseas who are providing telecommunications services to customers in the UK. It also makes it clear that those obligations are enforceable by injunction through the domestic courts. We have been clear throughout the passage of the Bill that we are not altering or extending the powers under RIPA. Accordingly, the provisions in Clause 4 simply make clear the status quo. It is on that basis that the House of Commons has consented to the Bill, and it is the basis on which it has been presented to this House.

The noble and learned Lord’s amendment would go much further than this, by purporting to allow for the enforcement of obligations under RIPA through overseas courts. As drafted, it would do this only in respect of requests for communications data. However, I assume his interest is in the enforceability of obligations under RIPA more generally. In view of the clear intention of the House of Commons, and of noble Lords who have supported this Bill on the basis that it does not introduce new powers, this is not an amendment that the Government could support. The issue of enforcement overseas is important but it is not a matter that we can address through the Bill before us.

As I have said, the Government’s approach under RIPA has always been to work with companies. We hope that making clear the obligations under RIPA will avoid the need for enforcement action. Where we have no option but to enforce, we believe that the prospect of sanction in the domestic courts—I repeat, the domestic courts—is a threat sufficient to compel many international companies to co-operate. That, however, is not our first position, which is to work with companies. Where necessary, there are established protocols for seeking recognition of a domestic judgment in foreign jurisdictions. It may be possible to strengthen our position in respect of this but these are complex issues of law, and are not matters that we can deal with today, when we are fast-tracking legislation through Parliament. We will look for the new tyre for our puncture when we consider the review that will take place after the enaction of this Bill, which has been introduced in the context of a pressing need to put the law beyond doubt. That is what the Bill is about, and only that.

I appreciate the noble and learned Lord’s intention with this amendment, and his useful interventions, including those at Second Reading, but the amendment is unnecessary. I am sure, though, that the issue of enforcement overseas is one in which subsequent reviews of powers and capabilities will be considered, and in which he will want to take part. I draw noble Lords’ attention to the fact that there is a copy of the paper, Senior Diplomat Draft Terms of Reference, in the Printed Paper Office. It states that one of the tasks of this diplomat will be:

“To consider a range of options for strengthening existing arrangements, including … through Mutual Legal Assistance Treaty systems”—

my noble friend was on the ball there—

“mutual recognition of national warrants; and … direct requests from law enforcement and intelligence agencies to the companies which hold the data”.

That is why this appointment is seen as being so important. I hope that with those assurances, a clearer view of the Government’s objectives in bringing this Bill forward, and having had an opportunity to consider the issues that the noble and learned Lord has raised, he will withdraw his amendment.

[Lord Hope of Craighead]

My Lords, I am grateful once again to the Minister for his helpful and full reply. I take absolutely the point that it is not the intention in the Bill to expand the existing law, and it would certainly not be my wish to disrupt that policy, which would be contrary to the basis on which the Bill passed through the other place.

I am still left in some doubt as to the purpose of Clause 4(10), which excited my interest, because it states,

“including in the case of a person outside the United Kingdom”.

I am tempted—but I shall not succumb to the temptation—to ask the Minister for an example of case where it would matter whether that provision is in the legislation. It may be that some nods and winks would give colour to the suggestion that this kind of thing may have happened in the past. It is because I have great difficulty in visualising the purpose of the provision that I am still in a state of some concern as to whether it is useful to have it there at all. I am not, however, asking for it to be removed. In view of what the Minister has said, I am happy not to press the amendment, which would add additional words. I shall leave it at that and I beg leave to withdraw the amendment.

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[Baroness Smith of Basildon]

My Lords, this has been a long and interesting debate. I do not know if my noble friend has had the opportunity to hear the whole debate today, or the debate we had yesterday, but three clear issues came out of yesterday’s debate.

One was the widespread acceptance in your Lordships’ House that there was a gap that had to be plugged as a matter of urgency. There was also deep dissatisfaction—and I think some anger—with the Government’s use of the fast-track procedure. It is unsatisfactory and I think that view came across very clearly in the debate.

There is also deep dissatisfaction with the current situation, whereby we seem to amend our laws on this issue by a sticking-plaster process. The problem comes up and we deal with it now. It was very clear from yesterday’s debate—this was the point made by the noble and learned Lord, Lord Hope—that we must keep pace with the technology, the changes and the information presented to us. We have failed to do so. RIPA, which was passed in 2000, is now hopelessly out of date. We recognise that that needs urgent consideration.

The amendment suggests that we shorten the period in which we may give further consideration to bringing new legislation. The amendment in the other place, which was tabled by my right honourable friend Yvette Cooper is now Clause 7 of the Bill. I am surprised that those who tabled this amendment did not seek to make changes to Clause 7 as well. Clause 7 is crucial in this whole debate and was central to our support for this legislation. Clause 7(3) says that the independent reviewer, a man whom this House has made clear, as it did yesterday, it holds in the highest regard and the deepest respect,

“must, so far as reasonably practicable, complete the review before 1 May 2015”.

The Minister can confirm this or otherwise, but I understand that, following that review, there would be a Joint Committee of both Houses, where Members of your Lordships’ House and the other place with, I hope, a broad range of opinions—I agree entirely with my noble friend Lady Kennedy—will examine the evidence presented by the independent reviewer.

We have two choices. We can start the work now—there should be some issues that we can look at now—but the substance that the independent reviewer will look at I would expect us to examine, take on board and introduce in legislation. Either this is just a sop and we ignore anything the independent reviewer says and get the legislation through earlier, or we take the views of the independent reviewer seriously and ensure that what he says is taken into deep consideration when we are looking at legislation.

One of the comments made was about public confidence and trust. The public have a right to wonder what we are doing when we pass fast-track legislation. We bring this out of the blue, we put it in context and we expect trust on legislation. That is a big ask. That is also why there has to be some public engagement on these issues, as was clear from yesterday and today’s debates, and this forms part of our demands with this legislation. Obviously, there are details of security information that cannot be given to the public, but the public are entitled to a lot more information that is available now and are entitled to know the context in which data are held. Like my noble friend Lord Rooker, I think that when it comes to the private company-held information, as well as public statutory information, the public have a right to know. We have only to click on the internet and look at something, and for days afterwards somebody knows what you have been looking at because it is there every time you go on to Google or look at something else again. We have a duty to engage the public in that. However, that duty will not be done tomorrow or next week. It will be done in the context of the report from the independent reviewer.

The noble Lord, Lord Carlile, made a very important point when he reminded us that the sunset clause will stop. This is not a sunset clause to reintroduce the same legislation. This is to bring in a completely new framework under which we operate on these issues. That is not something that we should take lightly. We can start working but we need the report of the independent reviewer as well.

As much as one looks at an amendment such as this and instinctively thinks we do not need so much time to deal with it, when one examines the issues there is a strong case for bringing in completely new legislation, which needs time to be done properly. The public cannot be reassured if we continue with sticking-plaster legislation and fast-track legislation, which is completely unsatisfactory.

[Lord Taylor of Holbeach]

My Lords, it has been very useful to have this debate. It is our last amendment in Committee and it sums up so much of what we are trying to achieve. I am very grateful to the noble Baroness, Lady Smith, for laying out so clearly the issues that are before the Committee today. It is clear that the Opposition, the Government and coalition partners have been talking about how best to deal with this issue. We have come to the conclusion that replacement legislation for RIPA needs to be properly considered and that we need to look at where we are. We need proper consideration of future legislation. We are also clear that, while we are passing this particular element today, it needs sunsetting—and it needs sunsetting absolutely when its time has expired. However, we would be reckless to try to set a date when we will then prevent the proper operation of the discussion that we all agree is necessary in Parliament, and with the public in the larger world, about this issue.

The Government do not take lightly the requirement for fast-track legislation, but we have taken this forward with the support of the Opposition, and we have included in it an absolute sunset clause, as is right and appropriate. This is so that Parliament can return to the issue after all the other issues have been discussed. Indeed, Parliament must return to it because this sunset clause is absolute and there is no room for its extension.

Noble Lords have queried the requirement for the speed of the legislation. I repeat that we have particular and urgent circumstances. Earlier, I repeated to the noble Lord, Lord Davies of Stamford, things that I had said at Second Reading. He is not in his place at the moment, but he will confirm that I made it clear that there were urgent considerations and that we were on a cliff edge, as the Prime Minister has said. However, the Government understand fully the wish of noble Lords, which has been expressed in almost all debates, to review this area. That is why it is so important that time is allowed for an independent review before the election, hence Clause 7 in the Bill and a Joint Committee review after the election. That is not kicking the can down the road; it is just making sure that when we return to this with legislation, we do so with legislation that has the support of Parliament and has been properly considered. At the same time, it also makes sure that, whoever wins the election, the Government presenting legislation can do so with the public having been fully engaged in the discussion on the issue.

This amendment would change the date when the Bill ceases to have effect and bring it forward to 31 December 2015. While this date is a year later than that proposed in the House of Commons, I do not believe it will give the sort of time that we need for the reasons expressed by the noble Baroness, Lady Smith. The debates that have taken place in this House have made that absolutely clear. While we have no option but to act swiftly now, festina lente is a sensible approach to finding the new solution for the future. The technological changes we are facing—someone pointed to the speech of the noble Baroness, Lady Lane-Fox, yesterday—and the balance between security and liberty, should be looked at with a view to the longer term. We will set up, as I have said, in the Bill a review of the investigatory powers and their regulation to be headed up by the current independent reviewer of terrorism legislation, David Anderson QC. He will report by 1 May 2015, just before the general election. I believe we should be discussing this sort of issue at that time. We need to be realistic. None of us knows who will form the Government after the election. We all have our own views; we sit on opposite sides of the House. However, decisions need be made in the light of information that should be available to Parliament as a whole.

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[Lord Judd (Lab)]

The Minister is being very persuasive, as was my noble friend in her pertinent analysis. What I am concerned about in all this talk of Clause 7 is that the reviewer must report to the Prime Minister by 1 May next year. Are we trying to open up a public debate on these issues or are we not? If we are, Parliament should debate that report before we go into the general election.

[Lord Taylor of Holbeach]

That is not the deadline that has been agreed by the party leaders. After all, 1 May is a deadline; it does not mean that the independent reviewer will not report before then if he feels that it is satisfactory to do so. It is important to remember that the presence of a sunset clause, while it is absolute in its end date, does not mean that legislation could not be considered before that time if a Government decided that they were in a position to present it in Parliament.

Creating a committee is entirely appropriate and democratic, but it will take time. I do not believe that committees are stuffed with placemen. My noble friend Lord Strasburger, who holds very strong views on this issue, was part of the joint scrutiny committee chaired by my noble friend Lord Blencathra which considered this Bill.

[Lord Strasburger (LD)]

For the past year or so, the Minister has resisted all the efforts by me and others to engage in a conversation or debate on these matters. I congratulate him on his sudden and total conversion to the idea that there should be a national debate and a review of RIPA.

[Lord Taylor of Holbeach]

I take that chiding. I am big enough to cope with it. I do not think I have ever failed to answer this House when it has asked me to consider a matter of this nature.

Clearly, Parliament will want to judge both the report of the Joint Committee and the new legislation that replaces this Bill. It will be a new Parliament; it will be a new committee. It will not be the committee chaired by my noble friend Lord Blencathra. The amendment would make it difficult for this to happen. It would also curtail proper public debate about this issue. I am not a last-minute convert in the way that my noble friend Lord Strasburger has described. I believe in transparency; I believe in talking about issues that concern the public. That new legislation will set out new powers and capabilities for the future—potentially wide-ranging powers. The legislation that we have before Parliament today just maintains the status quo, and we have heard the understandable concerns about the pace of its passage.

Perhaps I might say something in response to the speech by the noble Lord, Lord Rooker—I nearly called him my noble friend; I should not say that. He talked about language and the way we communicate difficult ideas. He referred to the problems that elites and those of us with responsibility have in talking to the public as a whole—the use of language. I could not agree with him more. All Governments and all Parliaments must seek to identify through language. It is the thing that we have in common; it is the way in which we communicate with each other; it is the way in which I hope that I am convincing the noble Lord, Lord Judd, of the reason for having this particular date. Language is important.

[Lord Judd]

I am really grateful to the Minister for taking my point. If we really believe what he is saying, and I do not doubt for a moment that he is absolutely sincere, the public have the right to be in the picture before they decide how to cast their vote in a general election, because these issues are central to the whole purpose of government. From that standpoint, the anxiety of the public is that it is all a closed club that is dealing with this in the parliamentary context. If we are going to take the report so seriously and are putting so much emphasis on Clause 7, it is a great shame that we will not get the public in on the act before the election takes place.

[Lord Taylor of Holbeach]

What the noble Lord is talking about is political leadership. Political leadership, I am sure, will mean that there are opportunities to discuss this matter during a general election.

This has been a good debate, and I am quite happy that we have had to discuss this issue, but I urge the noble Lords who have proposed the amendment to withdraw it.

[Lord Phillips of Sudbury]

My Lords, I agree with my noble friend that this has been an excellent and worthwhile debate. On behalf of my co-sponsors, I thank all those who have taken part.

We have a wealth of experience in this place, which has been demonstrated today wonderfully well. I shall be quite frank: my views have been influenced by what has been said. So long as the Minister was serious, as I am sure he was because he is a sincere man, and so long as the tenor of what he said is carried into effect in the time ahead of us—namely, that, as he put it, the Government will make haste but take the public of this country into consideration in defining and putting together the new legislation to come—it is appropriate for this amendment to be withdrawn. The arguments made about the timescales, especially given the forthcoming general election, seem to me to be correct. On that basis, I beg leave to withdraw the amendment.