Parliamentary Voting System and Constituencies Bill

Lord Wallace of Saltaire Excerpts

Monday 20th December 2010 Lords Chamber

[Lord Falconer of Thoroton]

That is an interesting answer. Does the noble and learned Lord think it would be sensible not to include this power in relation to primary legislation? It is dangerous to include in a Bill a power to amend primary legislation when you have no primary legislation in mind but think it might be useful later on—particularly in relation to future legislation where you think you might have made a mistake and you then want to use the power to amend it. It appears to circumvent the important scrutiny that this House and the other place give to primary legislation. Will the noble and learned Lord think again about primary legislation? I am happy with secondary legislation.

Lord Wallace of Tankerness: I hear what the noble and learned Lord says. As I have indicated, the measure would relate to consequential amendments, but I am prepared to give it further consideration as regards primary legislation. As I said, it is there so that we do not find ourselves in a position where it is discovered that primary legislation could somehow prevent effective implementation of the affirmative vote in a referendum. I shall certainly reflect on what the noble and learned Lord has said with regard to primary legislation and I hope that he will withdraw the amendment.

[Lord Falconer of Thoroton]

My Lords, on the basis of the generous assurance given by the noble and learned Lord, Lord Wallace of Tankerness, that he will consider what I have said in relation to primary legislation, of course I shall withdraw the amendment.