Clause 7 - Procedure for orders under s. 6
Identity Cards Bill
4:45 pm
Mr Des Browne (Minister of State (Citizenship, Immigration and Counter-Terrorism), Home Office; Kilmarnock and Loudoun, Labour)
I am grateful to the hon. Gentleman for his explanation. I shall respond quickly and in short compass to the question that he asked, because it can be answered straightforwardly. I suspect that when he hears the answer, he will not want to press his amendment.
On one view, tabling the amendment could imply that the hon. Gentleman and his Liberal Democrat colleagues acknowledge that the so-called super-affirmative procedure is almost the equivalent of primary legislation in terms of parliamentary scrutiny. However, that is not what he is saying. His amendment would limit the power of the court to quash an order made under clause 7. The Government's position is that we are confident that the Bill's provisions and the powers that it gives to make subordinate legislation are compatible with convention rights. We see no need to limit the courts' powers of scrutiny of orders under the clause. That is the answer that the hon. Gentleman wants. I present it to him and invite him to withdraw his amendment.