Lord Howard of Lympne (Con)

On the contrary, if reasons were given, those reasons could be the basis of a challenge in the courts. I fear I entirely disagree with the last point my noble friend made in his speech, when he suggested that reasons should be given. If reasons are given, they can form a stronger or a particular basis for a challenge in the courts. I shall content myself with one example of the attitude of the courts to attempts to circumscribe their powers to intervene. When I was Home Secretary, a decision was made, though not by me, to refuse British nationality to someone whom I will not name. The relevant statute says that in such cases the Home Office is not obliged to give reasons for its decision. The High Court decided that these words meant what most people would think they meant, which was that the Home Office did not have to give any reasons. The Court of Appeal, however, decided that because the statute gave the Home Office discretion as to whether it could give reasons, it was wrong not to give the reasons. Your Lordship will see what I mean when I say that it is extremely difficult to circumscribe the determination of the courts to intervene. I do not think that the courts should have a role in determining the membership of your Lordships’ House. That would be a consequence of these amendments. I urge your Lordships to reject them.