Question proposed, That the clause stand part of the Bill.

The clause addresses a point that the hon. Member for Linlithgow and East Falkirk raised at the beginning of the debate. What would happen in the hypothetical situation that it was not possible to make the statement required in the Bill?

The declaration of compatibility provisions simply say:

“The Secretary of State must, when publishing draft legislation…make a statement to the effect that in his or her view the provisions of the Bill are compatible with the principles of legislative territorial clarity”.

However, it also says the Secretary of State must

“make a statement to the effect that although he or she is unable to make a statement of compatibility the government nonetheless wishes to proceed.”

The second part of the declaration of compatibility states:

“The statement must be in writing, be published in such manner as the Secretary of State making it considers appropriate and be laid before each House of Parliament.”

The debate on this clause focuses on particular circumstances such as a situation where it is simply not possible to make the statements required by the legislation. It gives the Secretary of State some leeway, but ensures that the House of Commons is made aware that the Secretary of State was unable to make that statement of compatibility, thereby opening the matter up to become a debatable issue.

My hon. Friend has explained the purpose of the declaration. The concept of a declaration of compatibility is something with which hon. Members are familiar from looking at the declaration made on legislation about the Human Rights Act 1998. A significant difference, however, is that in that declaration clear legal principles are set out in the European convention on human rights, against which the legislation can be measured. Ministers look at that legislation carefully when making such a declaration.

We will not dwell in this debate on a detailed discussion of the European convention on human rights. That would, of course, be out of order and you would take me up on it, Mr Gale, if I strayed. However, there is extensive case law on what the convention means, and when we discuss clause 4 I will explain why the declaration under discussion is more complicated. Because it is not clearly defined, a Secretary of State would have a real problem in making such a declaration because it is not clear what the Bill is being declared compatible with. That is a real problem, but rather than anticipate the debate, I will go into the issue in more detail when we discuss clause 4. I urge my hon. Friends to oppose clause 3.

Question proposed, That the clause stand part of the Bill.

The Committee divided: Ayes 4, Noes 2.

Question accordingly agreed to.

Clause 3 ordered to stand part of the Bill.