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Protection of Freedoms Bill

The Government have opted for legislation rather than for the order-making procedure, but by introducing new clause 13 the Minister demonstrates that the legislative approach is a principle that can be departed from in certain circumstances. The Committee found that an essential way to create a pragmatic response would be to apply the order-making procedure in all circumstances. So far, the Government's response on the matter has been exiguous to say the least. The first problem is that if we recalled Parliament for a statement and a debate, we would be doing something quite different from recalling Parliament in order to make primary legislation, remembering that that would have had to pass through not only this House but the other place. But there is a further point, and it seems even more significant as a matter of principle. How could one be assured that, in the course of a debate here about such primary legislation, nothing would take place that did not have the effect of prejudicing the right to a fair trial?