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Peers prepare for legislative stand-off

Following Tuesday's defeat on moves to reform the right to trial by jury the government's business managers are digging in for a legislative battle with peers.

Several key pieces of government legislation still have to clear the Lords, and ministers may be forced to choose between bills if they are to secure safe passage of the Criminal Justice Bill.

The Communications Bill, which has been heavily amended by the Lords, is likely to complete its parliamentary progress this week. Ministers had to yield to the Lords on a series of measures, such as establishing a public interest test in the takeover of Channel 5, in order to quell the revolt.

But the government's business managers may find themselves unable to reach agreement with the Lords on several contentious bills.

The Hunting Bill, the source of problems in the Commons, is set to face stiff opposition in the House of Lords.

Peers are set to overturn the outright ban supported by MPs and will hold out to the bitter end in opposing the ban.

Whilst ministers have not ruled out using the Parliament Act to force through the measure, the prime minister himself is said to be uneasy about attempting to implement an outright ban.

That could mean the bill once again hits the cutting room floor despite the "settled will" of the Commons.

Peers are also set to challenge plans for foundation hospitals contained in the Health and Social Care Bill.

The Lords is likely to defeat the measure, which faced an unparalleled revolt in the House of Commons earlier this month.

Peers debate the legislation in early September and is expected to send the bill back to the Commons without the provision for foundation trusts.

Trade unions such as Unison and Labour backbenchers are lobbying peers and believe the vote will go in their favour.

That will lead to a fresh Commons revolt and a further round of embarrassment for ministers.

The risk for the government is that in a febrile stand off over hunting, jury trial and foundation hospitals, other less contentious legislation may be caught in the crossfire.

The battle over university top-up fees has still to make it the Commons, but will be as contentious amongst peers as it will be with MPs.

The Anti-Social Behaviour Bill is still to complete its Lords stages, and the Extradition Bill, currently in committee, also has its opponents in the upper house.

For now, however, the key battleground is the Criminal Justice Bill.

Ministers have insisted there will be "no retreat" but may be forced to compromise if they are to ensure the other measures in the bill are enacted.

Whilst privately they hope the Tories will stand their troops down at the 11th hour, the jubilant response from shadow home secretary Oliver Letwin gave little sign of that being the case.

Downing Street's claim that the jury trial element of the legislation was "integral" to the bill was widely seen as a negotiating position - or a threat.

The government still believes that the Conservatives will back down - not wanting to be responsible for killing off measures to toughen the law on drivers who kill and increase the sentences for firearm possession.

For technical procedural reasons using the Parliament Act would see these key planks of the bill being dropped.

Whilst that option remains it is the least palatable to ministers and suggestions to the contrary will be seen as bluff and bluster.

As a revising chamber, the House of Lords is doing its work.

But for a government with a large Commons majority - and a desire to get its way - the presence of the second chamber is a barrier to strong government.

The risk for Tony Blair six years into government is that a culture of revolt becomes endemic and extends, as it has done over health reform, into the House of Commons.

That being the case plans for top-up fees, foundation hospitals and restricting jury trial could become the focus of the growing number of disenchanted and disaffected Labour MPs.

Published: Wed, 16 Jul 2003 01:00:00 GMT+01
Author: Craig Hoy