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Planning Bill

My Lords, if I did not make myself clear, it is because I feel very strongly on these matters. Perhaps I should have taken more time to prepare my remarks, but yesterday I was dealing with the Energy Bill and one does not have time to do everything. The point is that a court would challenge even an Act of Parliament if it turned out to be, for instance, contrary to European law. That is why we have a statement at the beginning of every Bill stating that it is compliant with the European Convention on Human Rights. Similarly, there have been cases, but they were special cases. The courts will not seek to challenge a decision of Parliament which was enshrined in a vote of both Houses. Judges would be exceedingly slow to do that, whereas they have shown themselves to be readily—I have quoted the figures—willing to challenge decisions by Ministers. If this is left as a ministerial decision rather than a parliamentary vote, my guess is that it will run into difficulty with the courts in a way that it would not if it had been approved by affirmative resolution in both Houses.