I am most grateful to the noble and learned Lord for his response. I am delighted at the support I have received from one of his predecessors, my noble and learned friend Lord Lyell. If I bring the amendment back on Report, I cannot count on a great deal of assistance from the Liberal Benches, which I suppose ought to be a deterrent to taking the matter further.
But just supposing that the noble and learned Lord and the noble Lord, Lord Thomas of Gresford, are right about recklessness. I am still of the view that the clause is cast too widely. I simply think the word ““might”” is an over-flexible expression in an offence of this type. Effectively, it will be determined by the subjective view of the jury about dishonesty, with almost no statutory guidance. That is unsatisfactory when you are trying to define a new test for fraud.
I invite the Minister, between now and Report, to think, if he would be kind enough to do so—
Fraud Bill [HL]
Proceeding contribution from
Lord Kingsland
(Conservative)
in the House of Lords on Tuesday, 19 July 2005.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Fraud Bill [HL].
Type
Proceeding contribution
Reference
673 c1418 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2024-04-21 13:25:07 +0100
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