But peers agreed by a 21-vote majority to remove the relevant clause from the bill.
The clause in the bill affects authorities in England and Wales.
And he warned that the relevant clause in the bill would enable a prime minister keen to get to the polls to "engineer" an early election.
But Europe Minister David Lidington insisted that the so-called sovereignty clause in the bill was necessary to provide a clear statement about the status of EU law in future legal cases.
"There is no accountability for these list members, " he argued, urging MPs to support a new clause to the bill which would remove the contingent of MSPs elected from party lists.
This is because one of the QCs who delivered that opinion is the crossbench peer Lord Pannick, who's increasingly influential in swinging the crossbench vote for or against a particular clause of a bill.
Later on, Lord Freud confirmed that the government would scrap a clause in the bill that would have prevented disabled people living in care homes from receiving payments designed to help with travel and transport costs.
Previous attempts to pass a gun-control law have failed, so the government has put a clause in its bill promising that the restrictions on gun sales would only come into effect if approved by a national referendum.
During the debate, the SDLP's Alex Attwood said clause 2 of the bill, which deals with justice powers potentially lapsing by May 2012 - the "sunset clause" - created an unstable situation.
Speaker William Hay explained that clause 104 of the bill was believed to be incompatible with the EU weapons directive.
Mr Grayling has since confirmed plans to include a new clause in a Justice Bill later this year which will increase the maximum sentence.
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Now go back to that clause in the new bill.
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The committee took a clause-by-clause consideration of the bill.
He also said the National Autistic Society (NAS) had failed to refer to clause one of the bill which aims to amend the Disability Discrimination Act 1995 to ensure it recognises autistic spectrum conditions.
During the debate, the SDLP's Alex Attwood said clause 2 of the bill, which provides for the dissolution of the justice department in the event that a justice minister has not been appointed by May 2012, created an unstable situation.
Thirteen state attorney generals sent a letter to congressional leaders saying that if a Nebraska clause isn't in the final health care bill that they would bring legal action, based on equal protection clause and arbitrary spending.
If these limits are breached all the same, the farm bill also contains a clause that allows the agriculture secretary, in theory, to cut subsidies.
But peers agreed by a 21-vote majority to remove the relevant clause from the Crime and Courts Bill, during report stage of the legislation on 27 November 2012.
Mr Cash, chairman of the cross-party Commons European Scrutiny Committee, warned that the government's effort to insert a "sovereignty clause" in the European Union Bill did not go far enough.
So, the clause on plain packaging added while the bill was in the House of Lords may fail.
Meanwhile, a clause in the Enterprise and Regulatory Reform Bill, which will mean that the charter cannot be amended without a two-thirds majority in Parliament, was approved in the Lords on Tuesday evening.
As peers debated the bill for a second day in committee on 1 November 2011, shadow home affairs spokesman Lord Rosser called for an annual review or "sunset clause" to be added to the bill.
The federal health reform bill included a little-noticed clause allowing for Direct Primary Care (DPC) models to be a part of the state health insurance exchanges.
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MPs rejected by three votes a clause in the government's Parliamentary Standards Bill to allow their proceedings to be used in court against an errant MP, breaking the long standing right to Parliamentary privilege.
During the passage of the current bill, the Tory opposition inserted a clause setting up an appointments commission for life peers and stipulating how it should operate.
There is a panoply of amendments, one of which addresses the issue of cash payments by scrap metal dealers, courtesy of Lords Bradshaw and Faulkner of Worcester, who had tried to put a clause on this issue into the Protection of Freedoms Bill.
The bill applies to the UK as a whole but Clause 48 applies to British Overseas territories.
The amendment, by Michael McMahon, Labour MSP for Hamilton North and Bellshill, would have put a clause in the Ethical Standards of Public Life (Scotland) Bill acknowledging the importance of marriage in raising children, while also acknowledging the need to avoid stigmatising children from "alternative family units".
Peers voted by a majority of six to put a "sunset clause" in the legislation, aiming to kill off the bill after the next general election unless a future government chose to revive it, and by a majority of four to restrict the issues on which referendums would be held.
Mr Grasso is also reported by the Wall Street Journal to be threatening to bill the exchange for his legal fees under an indemnity clause in his employment contract.
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