Civil Contingencies Bill

Part of the debate – in the House of Lords at 6:33 pm on 16 November 2004.

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Photo of Baroness Buscombe Baroness Buscombe Shadow Minister, Home Affairs, Shadow Minister (Home Affairs), Shadow Minister (Home, Constitutional and Legal Affairs) , Shadow Minister (Digital, Culture, Media and Sport) 6:33, 16 November 2004

My Lords, in moving Amendment No. 18 I shall speak also to Amendments Nos. 19 and 20. The amendments would add three new subsections to Clause 34 entitled "Commencement". Essentially they would act as a sunset clause for Part 2 of the Bill; in other words, the emergency powers. They would ensure that Part 2 is in force for three years before Parliament has the opportunity, once again, to discuss what we on these Benches regard as vast and draconian powers. Part 2, if ratified, would continue in force for another period of three years, when it would be debated again.

When I first introduced the concept of a sunset clause, the Government stated that the timeframe we have selected for review—that of one year—was too short a period to allow for long-term planning. I believe that that was a concern of the Liberal Democrats as well. We listened to that concern and so increased the review to three years in accordance with that view.

We also dropped the proposal for a review on Part 1 of the Bill, so we confine our concerns to Part 2. However, contained in the Bill are large powers that potentially could affect much, including the constitution. We on these Benches would feel happier if we knew that Parliament had the power to debate and amend, as it sees fit, the provisions of Part 2 every three years.

On Report, the Government seemed to believe that in bringing forward a sunset clause we were saying that any possibility of an emergency would fall away after a year. On the contrary, we take the state of our nation very seriously. We accept that there is a need to have strong emergency regulations and emergency powers, but from day one in the debates on the Bill we have endeavoured to ensure adequate safeguards, access to Parliament and access to justice. We believe that it is vitally important that your Lordships and colleagues in another place should have the opportunity, once every three years, to debate the workings of the Bill in both Houses. That is why we feel strongly that it is right to have a sunset clause. I beg to move.