Fraud (Trials without a Jury) Bill

I beg to move amendment No. 14, page 1, line 1, leave out clause 1. As we are coming to the conclusion of the time for debate on this stage of the Bill, I shall be brief. The purpose of the amendment is to delete clause 1 and, in effect, to retain the affirmative resolution procedure as the basis for implementation of the Bill’s provisions. I justify that position on two grounds: principle and compliance with assurances given to the House. I begin with the latter point. I have looked once again at the assurances given by the then Home Secretary on 20 November 2003, which are recorded in Hansard, columns 1027 to 1031. I shall not read them out because they are available to Members. My clear interpretation of the assurances then given to the House was that the measure in the Bill would be subject to affirmative resolution and that it would not be introduced at any stage without the approval of both Houses. That is my understanding of what was said, and it reflected a deal. Anything that departs from that is a departure from assurances given. My second point is different. What we are doing today is laying the foundations for a Parliament Act procedure, because it is extremely unlikely that the other place will pass the Bill in its present form. The Government are laying the basis for such a procedure, and I find that deeply offensive for two reasons, although I am basically against the Parliament Act, but that is by the way. First, we should recognise that there are in the other place skills and experience highly relevant to the Bill. In the debates in the other place, a great deal of expertise and authority have been shown. We are disregarding that in a way that does us no credit at all. I hope that the House will forgive me if say that this debate is notable for being marked by the absence of the hon. Members who will vote against my amendment. With one or two notable exceptions, such as the hon. and learned Member for Medway (Mr. Marshall-Andrews), Labour Members have hardly attended but, in effect, they are going to vote down the House of Lords. I find that very unattractive indeed. I shall touch on my second point briefly, because I want to remain in order. When we look at what we are doing, we must consider its constitutional propriety. The Bill is going to be pushed through on the back of Members who represent Scottish constituencies, but the Bill does not touch on Scotland. If the Parliament Act is invoked, that will be even more offensive because it will be invoked using Members representing Scottish constituencies when this very Bill does not have any impact on their constituencies. It will be extraordinary if almost the first act of the Chancellor of the Exchequer on becoming Prime Minister—I assume that he will—is to use the Parliament Act to impose on this country measures that have no application at all to the constituents whom he represents. I find that constitutionally offensive. It is a matter for a wider debate and it will have to be resolved, but it is not right that Scottish Members should have a decisive say on English-only business. Therefore, for the general reason and the particular reason, I hope very much that the House will approve the amendment.