Thursday 11 February 2010

IT TURNS OUT THEY DIDN'T TAKE ANY NOTICE IN THE END

As I blogged yesterday 4 Noble and Learned Lords tried to raise a point of fundamental importance which undermines a Government Bill (raised earlier on this blog and others) and the Government took absolutely no notice: Royal Assent was given to the Terrorist Asset-Freezing (Temporary Provisions) Act 2010 yesterday:



ROYAL ASSENT

Madam Deputy Speaker (Sylvia Heal): I have to notify the House, in accordance with the Royal Assent Act 1967, that Her Majesty has signified her Royal Assent to the following Acts:
Terrorist Asset-Freezing (Temporary Provisions) Act 2010
The Act repeats the error of the Bill in what is now section 2:

2 Protection of things done or omitted in interim period
(1) The following provisions have effect in relation to things done or omitted in the period beginning with 4 February 2010 and ending with the coming into force of this Act.

It would appear that neither the Ministers responsible, parliamentary counsel (who presumably drafted the Bill), the civil servants from the sponsoring Departments nor the Attorney General were prepared to stop and think and act on Lord Pannick QC's (et al) point.  The result - a defective Act of Parliament passed in a rush to replace some ultra vires orders of the Privy Council - which have the effect of seizing people's money (alleged terrorists - but still entitled to the protection of the law).  

A disaster all round.


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