Hunting Bill

Part of the debate – in the House of Lords at 2:30 pm on 26 October 2004.

Alert me about debates like this

Photo of Lord Campbell of Alloway Lord Campbell of Alloway Conservative 2:30, 26 October 2004

Reverting to the question that was just raised as to whether it would be appropriate to resort to the Parliament Acts, assuredly there are other reasons why it is not appropriate. Assuredly we are entering a new area. Those Acts were not devised to exterminate lawful minority interests and they have never been so used before. The question of civil liberties, referred to by the noble Lord, Lord Donoughue, is a live issue.

Amendments Nos. 1 to 4, to which I shall speak briefly, open a gateway to the path of compromise on some form of registration. A Motion in another place to withdraw the Bill would not appear to have much prospect of success, so the only prospect to which we return regarding compromise is some form of registration that is envisaged by the amendments. One might well ask why the right honourable gentleman the Prime Minister should seek that sort of compromise.

The nation is divided and there is a turmoil of protest. The police would be put in an impossible position, which is not acceptable. One of the Prime Minister's own Back-Benchers, Kate Hoey, the honourable Member for Vauxhall, said, at Third Reading that the Bill was "unsustainable" and,

"We have made a great mistake".—[Hansard, Commons, 15/09/04; col. 1415.]

Another of his Back-Benchers, Jean Corston, the right honourable Member for Bristol, East, said that the question of a total ban should be settled only by due process at the next general election. The right honourable lady, who is a lifelong opponent of hunting and who chairs the Joint Committee on Human Rights, also said, on the advice of that committee, that the Bill as certified by the Speaker would be incompatible with the Convention on Human RightsArticle 1, Protocol 1. If enacted, the Bill could not be enforced unless and until it was sanctioned by our courts. Bail would have to be granted pending the ultimate decision of the Appellate Committee of this House and the European Court of Justice.

There are three issues arising for judicial resolution, not for Parliament: first, whether three months' notice under Clause 15 is unlawful as it is inadequate, as advised by the Joint Committee; secondly, whether a total ban is in the public interest, or whether the Bill is in the general interest within the express provisions of Article 1; and, lastly, the point often made by the noble and learned Lord, Lord Donaldson of Lymington, whether the Act of 1949 is an abuse of the Act of 1911 and, therefore, invalid.

Surely we must accept as a matter of comity, which the noble Lord, Lord Whitty, has accepted, that another place will reconsider the entrenched position that it has taken up regarding a total ban. If the Parliament Acts are invoked, would it not be better if resort were taken to the courts before we were to take to the streets?