Identity Documents Bill

Baroness Anelay of St Johns Excerpts

Wednesday 17th November 2010 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, I understand that there are anxieties around the House. The House is self-regulating, unlike another place, and some noble Lords today have been venting the habits of another place.

[Noble Lords]

Oh!

[Baroness Anelay of St Johns]

My Lords, there have been interventions on Report that have not been in the customary style that we have had in the past. There are Third Reading rules that enable the Government to clarify remaining uncertainties. Where a Minister has in good faith given an undertaking to take away a matter and look at it again, they are able to do so and bring it back at Third Reading. The Minister may also have discussions with opposition and other Peers on how best to deliver that. Certainly, I would be prepared to take further advice between now and Third Reading to enable my noble friend to carry out her commitment. Of course, it is for those who tabled the amendment to decide how they wish to proceed today. My noble friend has given a commitment to look at the matter again. I know that she has also given a commitment to reflect on particular advice. That is where we have reached.

Third Reading guidance is straightforward. Paragraph 8.145 of the Companion states:

“The practice of the House is normally to resolve major points of difference by the end of report stage, and to use third reading for tidying up the Bill ... The principal purposes of amendments on third reading are … to clarify any remaining uncertainties … to improve the drafting … and to enable the government to fulfil undertakings given at earlier stages of the Bill”.

In response to my noble friend Lord Phillips, that means that my noble friend has given an undertaking, as she has today, to look at this matter again. She will do so. She does not, as the noble Earl, Lord Erroll, requires, have to give a commitment today as to the precise amendment that may or may not be brought forward. These are the normal rules of procedure.

[Lord Wedderburn of Charlton]

My Lords, with respect we are faced with an issue of law—

--- Later in debate ---

[Baroness Anelay of St Johns]

My Lords, this is a matter for resolution in the normal manner, which is that usual channels discuss these issues. I understand, as Government Chief Whip, that it would be appropriate for the Opposition to bring forward an amendment if they felt that the government amendment or failure to act was inappropriate. These are the matters that are discussed in the usual manner; as the noble Lord, Lord Bassam, says, we have had these discussions in the past. It may perhaps assist the House to recall that over the last few months the Public Bill Office has on two occasions advised Opposition Members that they may table Third Reading amendments to take forward matters that have been debated on previous occasions. We do enjoy a fair amount of latitude—I say fair because it is fair to all—within the overall context that Third Reading is not intended to open new issues.

[Lord Hunt of Kings Heath]

My Lords, I have heard with a great deal of interest the comments from the Captain of the Gentlemen-at-Arms, the Government Chief Whip and the Minister. This matter has been aired at Second Reading, in Grand Committee and now on Report; this is the third time we have debated these issues. While great eloquence has been brought to our debates, no new argument has been brought. The noble Baroness has said, finally, at the end of a long debate—and I suspect rather reluctantly—that she will take it back to look at again. Frankly, in view of the debate, that is not good enough: it is quite clear that the House requires the Government to change their mind. Not much purpose is served by yet more agonising. The House is quite prepared to come to a view and I wish to test its opinion.