Constitutional Reform and Governance Bill

These are arcane subjects for me, despite how long I have been here. I still favour the two presumptions: the House should always be asked to approve and, until it does so, ratification cannot take place, but we cannot always be required to debate the issue. The hon. Member for Cambridge (David Howarth) is right to suggest that the negative procedure in clause 24 is not a proper safeguard. As we know, and as my hon. and learned Friend the Member for Beaconsfield pointed out, control of the business lies in the grasp of the Government. If they choose not to put forward a resolution under the negative procedure, the resolution will not be put forward. We must not always assume that all members of the Government are men of good faith. We have to recognise that Governments can behave improperly, badly and malevolently. I do not suggest that the Minister comes into that category, but—as I have said frequently in this House—if power is given away, we can be sure that it will be abused. Therefore, we should give away the minimum of power that we can get away with and ensure that the power that is given away is set about with constraints. The protection that would be built in in this case is not sufficient. Therefore, if the hon. Gentleman pushes his amendment to a Division, I shall vote with him.