Police and Justice Bill

My Lords, I have heard what both noble Earls have had to say on this subject. The noble Earl, Lord Northesk, is well regarded in your Lordships’ House for his knowledge and interest in, and dedicated consideration of, these issues. I have great respect for him for the work he does. I shall respond to a couple of points that the noble Earl raised. Just to clarify this point: the Bill distinguishes systems interference due to criminal action from that due to accidental action by whether the access modification is unauthorised and whether or not the person has the necessary mens rea. It will ultimately be for the courts on the facts to decide whether an individual protest crosses over into unauthorised and hence criminal activity. The noble Earl raised the prospect of a rewrite of the Computer Misuse Act 1990. We have consulted the industry, including the APIG, which the noble Earl mentioned, and others on this issue over a period of two years. We concluded that the consultation did not highlight the need for a complete rewrite of the Act, but these changes reflect the issues that were raised as fruit of that consultation. I know that legislation in this field is an art of perfection for the noble Earl but we seek, as ever, to keep the industry well informed and well briefed on our thinking. We consult regularly, take on board the results of those consultations and try to reflect them where relevant in any necessary changes to legislation. I am very grateful for the noble Earl’s work on this. I accept that he will never be entirely happy and satisfied with what we are attempting to do, but I hope that he will feel reasonably content and that he will not press his amendment. On Question, amendment agreed to. [Amendment No. 172 not moved.]