UK Parliament / Open data

Terrorism Bill

No, I have not. Furthermore, if the hon. Gentleman were to consult the explanatory notes, he would be none the wiser. The issue is serious, and I will return in a moment to how we might be able to improve this part of the measure. Before I move on to glorification, I must make this point to the Minister: the Government must explain fully who they intend to be caught by these provisions and in what circumstances, so that the Committee can make a judgment, first, about whether we want the offence to be one of specific intent only—for which there are some powerful arguments, despite the wording of the amendment. Failing that, there may be arguments for providing a recklessness test. Having prosecuted in the past, I am mindful that people may properly escape justice by resorting to fanciful arguments about their motivation, even though it was pretty clear, so I accept that it is a legitimate point of discussion. I have to tell the Minister, however, that there is a big difference between recklessness and negligence. My reading of the provisions is that they provide for the closest thing to an offence being committed by negligence that I have ever seen, even though the Minister may argue that that is not the intention of the Bill, but as she is not shaking her head vigorously at me in a negative, I have a fearful suspicion that that may be exactly what the Government were intending.
Type
Proceeding contribution
Reference
438 c836-7 
Session
2005-06
Chamber / Committee
House of Commons chamber
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