Part of the debate – in the House of Lords at 10:30 pm on 10 March 2005.
My Lords, this House suggested pre-judicial scrutiny before a non-derogating order was made, and the House of Commons accepted that. This House suggested certification to ensure that prosecution was properly considered before an order was made, and the other House accepted it. This House suggested different provisions in relation to the rules. The Commons accepted that as well. The noble Earl, Lord Ferrers, is saying "There is one more thing we want, namely a sunset clause". The House of Commons has considered that on two separate occasions, and has said no.
We cannot say that the House of Commons has not listened to what has been said. We must accept that we cannot have everything we ask for. Although the House of Commons has given 80 per cent of what the noble Earl has asked for, it is neither realistic nor sensible to say that 100 per cent is required in every case. There must be a decision, and, until this moment, the noble Earl, Lord Ferrers, has always accepted that the decision is with the Commons.