Local Government Bill [HL]

My Lords, perhaps I may make two or three points. First, this Motion is certainly not about the merits of the Bill. As far as the Bill is concerned, I was not in favour—and I am still not in favour—of Exeter becoming a unitary authority. On the contrary, as someone who spends a large part of his time down in Devon, it is important that Exeter should remain with the rest of Devon. However, that is not the issue. I totally agree with my noble friend Lord Elystan-Morgan when he said that it is a simple point—it is. Where are we? What is the dilemma facing the House? It is simply this: on the one hand, we have the Clerks. They have given their respected, respectful and highly considered opinion which states that the Bill is not hybrid. On the other hand, we are now in a position whereby an eminent Queen’s Counsel, who is experienced in this branch of the law, has also given a firm and unequivocal opinion that the Bill is, or could well be, hybrid. How can we resolve that? We cannot. I am not in a position this afternoon to argue whether or not the Bill is hybrid, but I am in a position—and I hope that the rest of the House will follow me in this—to say that there is a clear argument as to whether the Bill is or is not hybrid. That being so, the procedures on how to resolve that are perfectly clear: the Bill has to go to the Examiners. The Examiners are there to assist the House in coming to a conclusion. It seems to me that we cannot come to a conclusion today, except by ignoring one or other reputable opinion by reputable people. I am not prepared to ignore one set of views in favour of another; I am not in a position to make up my mind. There is a clear issue here and, that being the case, the Bill should go to the Examiners and I shall support the Motion.