Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Bill

Lord Stoddart of Swindon Excerpts

Wednesday 15th June 2011 Lords Chamber

[Lord Stoddart of Swindon]

My Lords, I took part in the debate on this clause in Committee. I remain completely opposed to its inclusion in the Bill. I agree with the noble Lords, Lord Richard and Lord Deben: it should not be there, it is not necessary and it is dangerous that it should be there. It is clear to virtually everyone that the 1972 Act is the only means by which European law can be introduced and enforced in this country. It is an absolute situation that one Parliament cannot bind its successor. Therefore, an Act of Parliament such as the 1972 Act can be repealed. I have been told time and again by the government Front Bench, whether Conservative or Labour, when I have said that we are locked into this and have lost sovereignty, that our sovereignty lies in the 1972 Act. As I say, that is absolute; there is no need at all to qualify it.

I am in something of a quandary. The amendment is probably better than the original clause, but really I do not want the amendment either. What on earth am I supposed to do? If I vote for the amendment, we still have this qualification in the Bill about the absolute nature of the European Communities Act 1972. If I want to vote out any reference to that Act, which is what I would need to do, I have to vote against the amendment and then vote against the original clause. Is that the case, or is there some way around that? If any noble Lord could advise me on how to get this obnoxious clause out of the Bill, I would be most obliged.