My Lords, I do not want to add to what has been said about the content of the Bill but want to make one or two observations on the role of your Lordships’ House in dealing with it.
As has been said, this is not a manifesto Bill, so it is not covered by the Salisbury/Addison convention and there is no constitutional bar to the House’s refusing to give it a Second Reading. On the other hand, when the elected House, having heard the arguments, has passed the Bill, even under the duress of the majority, and without amendment, I agree respectfully with the convenor that that gives it some of the aspects of a Bill covered by the Salisbury/Addison convention. I think the House would be wrong to refuse to give the Bill a Second Reading and wrong, therefore, to vote for the amendment from the noble Lord, Lord German.
The role left for this House to exercise is as a revising Chamber—to amend the Bill and send it back for further consideration. However, we need to be realistic about what, in these circumstances, is meant by a revising Chamber. I do not believe that amendments are possible which would make the Bill unobjectionable and yet meet the Government’s objectives. Amendments
passed by this House are likely to be regarded by the Government as wrecking amendments, and I have no doubt that, as the noble Lord, Lord McDonald, said, the Government will use their majority to reverse them in the House of Commons.
Will we be wasting our time in debating and amending this Bill? In one sense, we will. Debates will take place and amendments will be passed, and in the end we will surrender after ping-pong and the Bill will go through. However, in another sense I believe that we will not be wasting our time. In our democracy, political parties and Members in this House have a right and a duty to assert their positions, as the noble Baroness, Lady Chakrabarti, said. If we did not do so, we would be adding to the damage that will be done to our democracy by the Bill itself.
In my view, the No. 10 spokesman was profoundly wrong in saying that this unelected House has no right to pass amendments removing what we regard as objectionable and dangerous features of the Bill. This House has a right and a duty to do so, even though we must recognise that such amendments will in practice be no more than a kamikaze operation.
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