Protection of Freedoms Bill

Of course, if people do not like what our courts say, they go to the European Court of Human Rights. Most astonishingly trivial cases have been put to it. My right honourable friend the Prime Minister had some phrase for the multitude of cases going to the European Court of Human Rights. With the greatest respect and affection for my noble friend Lord Lester, I suggest that we do not use the European Court of Human Rights as a solution to these particular problems. The Minister produced the same arguments as last time. He expressed a degree of sympathy but he did not answer in any detail the concerns of my noble friends over the progress of this review. All this debate has done, in a sense, is illustrate the way in which people will always find some ingenious argument or other to support a position. I remember my noble friend Lord Hurd, when he was a junior diplomat in Beijing—I think it was his first posting—writing a letter, which I was shown, to a certain noble Lord about a visit to Beijing of a senior politician who he described as being inclined to take up an impossible position and then cast around for clever ways of supporting it. The noble Lord, Lord Hurd, saw this as the sure mark of a second-class mind. I thought that was pretty damning but there is a danger of trying to find arguments against this. I do not feel that any substantial argument has been put forward. The noble Earl, Lord Erroll, got it right when he said that if we do not pass this now, nothing will happen. We have had years of nothing happening. I was grateful for the support of the Leader of the Opposition when she said that we must at least get the Government to come back at Third Reading with something. Otherwise, this whole issue will clearly go to sleep again. Over the past few years we have had a surfeit of ill prepared legislation. It is our duty to improve it, whatever the Whips may say. Otherwise, it is hard to justify the survival of your Lordships’ House. I would like to test the opinion of the House. Division on Amendment 37ZA Contents 206; Not-Contents 194. Amendment 37ZA agreed. Moved by