Clause 29 - Procedure
Civil Contingencies Bill
4:30 pm
Mr Douglas Alexander (Chancellor of the Duchy of Lancaster, Cabinet Office; Paisley South, Labour)
Let me first deal with the point made by the hon. Member for Sheffield, Hallam. I assure the House that we are not seeking to appear wise after the event about the inclusion of the provision in the draft Bill. It might be helpful if I share the specific point that we raised in the
Government response to the Joint Committee. We stated:
''The consultation paper outlined the Government's reasons for including this provision in the draft Bill. The Government considers that in an emergency, it is necessary to balance individual rights against the need to respond to an emergency. The Government was keen to hear what the Committee and consultees had to say on how best to strike this balance. The provision included in the draft Bill providing for emergency regulations to be treated as primary legislation for the purposes of the Human Rights Act was one way to strike the balance. However, the Government made clear in its consultation paper that the case for its inclusion in the final bill was by no means certain.''
We anticipated that the issue would stimulate public debate, and we were keen to ensure that we considered the widest range of views when deciding whether the draft clause struck the right balance. That is a further example of the Government being willing to listen to reasoned argument if we find that it supports our substantive policy goals. I am aware that human rights groups such as Liberty and Justice have continued to raise concerns. Through what the hon. Member for Sheffield, Hallam described as the two-step process, we have been able to use the back door on the concerns raised.
The further point raised by the hon. Member for North-East Hertfordshire was about remedies. It is important to clarify the balance that the Government intend to strike. It became apparent that we had to ensure that appropriate safeguards were in place. The treatment of emergency regulations as subordinate legislation for the purposes of the Human Rights Act, even if they amend primary legislation, is important and is reflected in the amendment. The amendment will ensure that emergency regulations can be struck down by the courts in certain circumstances. The remedies that are then available to courts are a matter for the courts themselves. The hon. Gentleman's point addressed the remedies rather than the legitimacy of the action.
Amendment agreed to.
Clause 29, as amended, ordered to stand part of the Bill.
Clause 30 ordered to stand part of the Bill.