The Conservative leader has made the Government’s refusal to change the law a key plank of his election campaign but a lack of MPs meant debate on the Tory proposals had to be abandoned.

Mr Howard already has election posters up promoting the plans to toughen the law being brought in by Patrick Mercer, the party’s homeland defence spokesman, in a Private Member’s Bill.

But Mr Mercer was the only one of four Conservatives who showed up at the 9.30am committee meeting to consider his Bill. Three Labour MPs turned up but this left the committee one short of a quorum.

Charles Clarke, the Home Secretary, said the Tory posters declaring, “The law should protect me, not burglars” should be taken down.

Mr Clarke said: “It is now absolutely clear that you are not concerned about this issue at all. Your party is just trying to prey on people’s worries as a cynical election ploy without having any real commitment to doing anything about it.”

Alan Milburn, the Labour election chief, added: “What people will conclude is that what was a huge issue for the Conservative Party just one month ago is now an issue that they cannot even be bothered to see through.”

The Bill led Ken Macdonald, the Director of Public Prosecutions, to try to clarify the law by issuing a leaflet saying that householders could kill burglars and not face prosecution if they use “reasonable” force. Mr Mercer wants to give householders protection unless they use “grossly disproportionate” force.

David Davis, the Shadow Home Secretary, who has repeatedly used the Bill to attack the Government, retaliated by accusing Labour of delaying tactics at last week’s committee session. This overran and led to yesterday’s meeting being hastily organised.

Mr Davis said: “Despite an undertaking by your minister, Paul Goggins, that this Bill would be discussed in one day, Labour MPs filibustered during Committee Stage (Stephen Pound spoke for over an hour and Harry Cohen for 45 minutes) thus forcing the Bill to a second day.

Patrick Mercer will be seeking a second day scheduled for next week.”

Even though the Bill had no chance of reaching the statute book because there is not enough time for a third reading, the Tories had planned to use it to embarrass Labour during the election camapign. But yesterday’s failure to get more than one MP to the committee stage meant that Labour could accuse the Tories of effectively killing their own Bill.

Conservative sources said last night that two of their three MPs (Chris Grayling and Hugo Swire) had permission to miss the meeting.

The source said that Andrew Mitchell, MP for Sutton Coldfield, had said that he would attend. He was not available for comment last night.

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