My Lords, these amendments seek to change references made to the Secretary of State to the Lord Chancellor. I should say to the noble Lord that we do not think that is either necessary or appropriate. The amendments really relate to the power to make changes in Part 1 of...

My Lords, these amendments seek to change references made to the Secretary of State to the Lord Chancellor. I should say to the noble Lord that we do not think that is either necessary or appropriate. The amendments really relate to the power to make changes in Part 1 of...

moved Amendments Nos. 49 and 50: 49: Clause 43, page 27, line 16, leave out ““charge or”” 50: Clause 43, page 27, line 20, leave out subsection (5) On Question, amendments agreed to.

moved Amendments Nos. 49 and 50: 49: Clause 43, page 27, line 16, leave out ““charge or”” 50: Clause 43, page 27, line 20, leave out subsection (5) On Question, amendments agreed to.

My Lords, it is important for me to clarify how we see this matter. As the noble Lord knows, ultimately the jury will have to determine this and it will be for the jury to decide whether it was reasonable for the defendant to have acted as he did in...

My Lords, it is important for me to clarify how we see this matter. As the noble Lord knows, ultimately the jury will have to determine this and it will be for the jury to decide whether it was reasonable for the defendant to have acted as he did in...

moved Amendment No. 45: 45: Clause 41, page 25, line 31, leave out ““charge or”” The noble Baroness said: My Lords, Amendments Nos. 45, 46, 49, 50, 64, 65 and 67 are minor. They remove the references to a ““charge”” from the offence in Clause 41; that is, encouraging or...

moved Amendment No. 45: 45: Clause 41, page 25, line 31, leave out ““charge or”” The noble Baroness said: My Lords, Amendments Nos. 45, 46, 49, 50, 64, 65 and 67 are minor. They remove the references to a ““charge”” from the offence in Clause 41; that is, encouraging or...

My Lords, I know that the noble Lord, Lord Thomas of Gresford, has been concerned about this issue but we do not think that that concern is merited. These amendments have been proposed because the scope of the offences committed with belief is potentially wide and could cover activities that...

My Lords, I know that the noble Lord, Lord Thomas of Gresford, has been concerned about this issue but we do not think that that concern is merited. These amendments have been proposed because the scope of the offences committed with belief is potentially wide and could cover activities that...

My Lords, perhaps I may apologise to the noble Baroness. Because I thought that we were in agreement, I did not avail myself of the opportunity of dealing with all the technical niceties. As always, the noble Baroness, as quick as a flash, has reminded me that ““full and long””...

My Lords, perhaps I may apologise to the noble Baroness. Because I thought that we were in agreement, I did not avail myself of the opportunity of dealing with all the technical niceties. As always, the noble Baroness, as quick as a flash, has reminded me that ““full and long””...

moved Amendment No. 39: 39: After Clause 35, insert the following new Clause— ““Disclosure of information in accordance with orders (1) A person who complies with a requirement imposed by a serious crime prevention order to answer questions, provide information or produce documents does not breach— (a) any obligation of...

moved Amendment No. 39: 39: After Clause 35, insert the following new Clause— ““Disclosure of information in accordance with orders (1) A person who complies with a requirement imposed by a serious crime prevention order to answer questions, provide information or produce documents does not breach— (a) any obligation of...

My Lords, I do not have the table from which those figures were adduced, but I can certainly find them. The important thing is that this goes to the noble and learned Lord’s point that this sort of evidence is useful and should be used. He suggested that Australia was...

My Lords, I do not have the table from which those figures were adduced, but I can certainly find them. The important thing is that this goes to the noble and learned Lord’s point that this sort of evidence is useful and should be used. He suggested that Australia was...

My Lords, I realise that we did not go into the detail of this amendment when we discussed this clause in Committee, for which I apologise. I also apologise that the issue seems to have slipped through the net among all the other issues that the noble Baroness and I...

My Lords, I realise that we did not go into the detail of this amendment when we discussed this clause in Committee, for which I apologise. I also apologise that the issue seems to have slipped through the net among all the other issues that the noble Baroness and I...

My Lords, we discussed these amendments in Committee and I do not want to tire the House by repeating everything that I said then. However, I appreciate why the noble Baroness, Lady Anelay, has tabled them again, and I hope that my earlier explanations of the practical process for dealing...

My Lords, we discussed these amendments in Committee and I do not want to tire the House by repeating everything that I said then. However, I appreciate why the noble Baroness, Lady Anelay, has tabled them again, and I hope that my earlier explanations of the practical process for dealing...

My Lords, this is within the context of civil proceedings. I am repeating the arguments that I made in Committee and today. This is an appropriate way to allow the High Court to determine the standard. It is still a civil standard; the court can look at different elements and...

My Lords, this is within the context of civil proceedings. I am repeating the arguments that I made in Committee and today. This is an appropriate way to allow the High Court to determine the standard. It is still a civil standard; the court can look at different elements and...

My Lords, it may be that because the noble and learned Lord, Lord Lloyd, was speaking the noble Baroness naturally assumed that we were dealing with intercept. We will be dealing with it later. These offences are restricted to serious crimes but do not include terrorism. The terrorism legislation is...

My Lords, it may be that because the noble and learned Lord, Lord Lloyd, was speaking the noble Baroness naturally assumed that we were dealing with intercept. We will be dealing with it later. These offences are restricted to serious crimes but do not include terrorism. The terrorism legislation is...

My Lords, I thankthe noble Baroness, Lady Anelay, for the way she expressed her cautious support for these amendments. I endorse what she said about them. I concur with her about the situation in which we find ourselves. I say to the noble Baroness, Lady Carnegy of Lour, that she...

My Lords, I thankthe noble Baroness, Lady Anelay, for the way she expressed her cautious support for these amendments. I endorse what she said about them. I concur with her about the situation in which we find ourselves. I say to the noble Baroness, Lady Carnegy of Lour, that she...

My Lords, it is both. The whole point is that, to persuade the court to make this order, one has to persuade it of both limbs; they are conjoined. First, one has to satisfy the court to the appropriately high standard on limb 1; if the court is so satisfied,...

My Lords, it is both. The whole point is that, to persuade the court to make this order, one has to persuade it of both limbs; they are conjoined. First, one has to satisfy the court to the appropriately high standard on limb 1; if the court is so satisfied,...

My Lords, the amendments would require the applicant authorities to prove something of which they can only ever have a limited knowledge or ability to adduce evidence. The Bill provides that, when the court is deciding whether a person has acted in a way that facilitated or was likely to...

My Lords, the amendments would require the applicant authorities to prove something of which they can only ever have a limited knowledge or ability to adduce evidence. The Bill provides that, when the court is deciding whether a person has acted in a way that facilitated or was likely to...

No, my Lords.The noble Lord will know that at the moment the current Secretary of State for the Department for Constitutional Affairs has two titles. One is in relation to the Lord Chancellor, whose role, which I have described in answer to the noble Lord’s amendment, has been clearly defined...

No, my Lords.The noble Lord will know that at the moment the current Secretary of State for the Department for Constitutional Affairs has two titles. One is in relation to the Lord Chancellor, whose role, which I have described in answer to the noble Lord’s amendment, has been clearly defined...

moved Amendment No. 46: 46: Clause 41, page 25, line 37, leave out ““charge or”” On Question, amendment agreed to. Clause 42 [Proving an offence under this Part]:

moved Amendment No. 46: 46: Clause 41, page 25, line 37, leave out ““charge or”” On Question, amendment agreed to. Clause 42 [Proving an offence under this Part]:

My Lords, I thank the noble Lord for indicating kindly that he broadly supports our position. I am also grateful for his references to the letter. I am conscious that its contents have not been read on to the record, so I shall outline it, with some of the examples...

My Lords, I thank the noble Lord for indicating kindly that he broadly supports our position. I am also grateful for his references to the letter. I am conscious that its contents have not been read on to the record, so I shall outline it, with some of the examples...

My Lords, we have already discussed in some detail the appropriate standard of proof for the orders and I hope that I have set out with a degree of clarity how the process of how the orders are made will operate. What I said at that point will provide some...

My Lords, we have already discussed in some detail the appropriate standard of proof for the orders and I hope that I have set out with a degree of clarity how the process of how the orders are made will operate. What I said at that point will provide some...

My Lords, I, too, have great sympathy with the intention behind the noble Baroness’s amendment. It is vital that those who have severe mental disorders are given the necessary and appropriate treatments for their illnesses rather than simply treated in the same way as others when they come into contact...

My Lords, I, too, have great sympathy with the intention behind the noble Baroness’s amendment. It is vital that those who have severe mental disorders are given the necessary and appropriate treatments for their illnesses rather than simply treated in the same way as others when they come into contact...