David Davis

I suppose I should declare an interest: I was the only person, other than Tom Watson, to have had an Act of Parliament struck down in the courts—not using a declaration of incompatibility, but actually using article rights and so on—so I am quite familiar with that process, and this is not it. I commend the hon. Member for Bracknell (Peter Swallow) for taking part in the JCHR—it is an incredibly important Committee. I will say to him that, throughout its history, the Committee has mostly had unanimous judgments. Certainly under Harriet Harman, for example, who was a brilliant chairman, the judgments were almost entirely unanimous; they were never on a party basis. To make the Opposition side of the House happy, I will start by talking about the Human Rights Act 1998. The Act requires “compelling reasons” to bring forward a remedial order, with the Joint Committee on Human Rights later clarifying that there is a “general constitutional principle” that “it is desirable for amendments to primary legislation to be made by way of a Bill”, not by a remedial order. Although the JCHR allowed the progress of the remedial order, it was after significant amendment and by majority vote—not the usual unanimity—and with it stating: “It is…highly unusual that the Government has laid a Bill and a remedial order concerning the same subject matter on the very same day. Usually…we would consider the Government’s approach constitutionally improper.” I agree, and I encourage colleagues to read this report, as my right hon. Friend the Member for New Forest East (Sir Julian Lewis) did earlier, because we can almost see the Committee’s discomfort. What happened is that the Secretary of State made an appeal on the basis of the urgency of the matter, in his mind. The hon. Member for Bracknell just referred to it as “unique” in its complexity. That is precisely a reason to use primary legislation, not a parliamentary technique that allows no amendment whatsoever. My arguments about this are arguments of detail that go to the interests of the people of Northern Ireland individually, not some sweeping order that takes away rights.