My Lords, I will keep my remarks on this group to a minimum, because I have a similar amendment coming up on which I will say more. But I did not want to let this debate pass without saying
how problematic this clause is. It is a serious issue that must be addressed. I think the noble Lord, Lord Collins, has set it out very comprehensively and clearly.
Put simply, the clause is unnecessary. Nobody has defined a problem that needs solving by this clause. Secondly, it is unquestionably partisan in its impact; it is absolutely clear that it will affect one party more than the others. That should be a guiding test for this House; we do not do that. We do not introduce legislation that is purportedly even-handed but is anything but. That should not be what we are about in this House. We need to recognise that. I worry a bit that the debate becomes one between the political parties when I think that this side of the House should be as concerned about the constitutional impacts of this legislation as anyone else.
The third issue has just been brilliantly set out by the noble Lord, Lord Mann: there will be a whole series of unintended consequences from the proposal in this clause. But, for me, the worst and most unintended consequence is the chilling effect. It is what will not happen because this is in legislation. People will err on the side of caution; they will not want to get caught up in major legal battles, so they will not campaign on issues that they feel strongly they should campaign on. Effectively, that is a silencing of their voice. All of us, whatever side of the House we are on, should be very concerned about that.