Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee am 3:45 pm ar 20 Ionawr 2005.
I am sorry to break it to the hon. Lady, but it is not always possible to solve every problem in legislation. Legitimate political activity almost invariably has a fringe. There is a great danger of trying to cut the fringes off and damaging the mainstream of political activity.
I can understand the hon. Lady wanting to raise her local issues and doing so with a probing amendment. If it were a serious amendment, I would quite robustly say that it would be unthinkable to accept it. The purpose of the exception is to ensure that the human rights of individuals and their legitimate political and democratic activities are not affected by the provisions.
When we started talking about the provision and learning from the experience in London of trying to avoid excessive free literature, I was worried that it might be difficult to phrase the clause in a way that would protect rights. I believe that we have achieved that protection. Consultation raised the same concern that immediately came to my mind, which was that the control of free literature distribution could impinge on the freedom of speech and both religious and political canvassing.
By allowing the exemptions, we protect the rights of freedom of expression and freedom of thought, conscience and religion. They are enshrined under the European convention on human rights and, now, in our law under the Human Rights Act 1998. Even if they were not enshrined there, most of us would say immediately that we do not want to see a restriction on political and religious debate. That would be implied by the proposed deletion from the Bill. We must put up with some things in order to maintain the integrity of our political structures.
I understand what the hon. Lady means about campaign advertisements. Somebody stood in one general election under the title of New Labour before we wisely took control of Government and inserted clauses to stop that sort of thing happening. As she might imagine, I was in support of that measure when we started to draft it at the Home Office.
We cannot solve all problems and we must be careful that we do not go too far. I have sympathy with the hon. Lady. Everybody involved in legitimate political activity must do all they can to make it clear where the boundaries are. They should not seek individual, personal or party advantage through these types of intervention. This matter is down to the way we conduct ourselves. It would be extremely dangerous to remove the exemption from the Bill.