I thank the Minister for that reply and I thank the noble Earl, Lord Erroll, and the noble Baroness, Lady Harris, for their contributions and their support for the amendments. Regrettably, I am none the wiser. The Minister has not clarified the issue for me one iota. My understanding is that at the heart of this lies the legal definition of ““likely””. It is a sad fact that vast swathes of the IT sector remain, to this day, confused about how the word ““likely”” will be interpreted by the courts. They simply will not take the risk of falling foul of this provision. I do not mind whether the noble Lord wishes to dismiss that, but that happens to be true.
I have very serious difficulties about how the courts will interpret the Government’s intent vis-à-vis ““likely””. How will the courts measure it, and against which yardstick will they measure it? There is absolutely nothing in the Bill to suggest that they can so do. I will read what the Minister has said extremely carefully, but, on first hearing, it does not clarify matters at all. With certainty, I shall return to this matter on Report. In the mean time, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Police and Justice Bill
Proceeding contribution from
Earl of Northesk
(Conservative)
in the House of Lords on Tuesday, 11 July 2006.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Police and Justice Bill.
Type
Proceeding contribution
Reference
684 c616 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
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2024-04-16 21:51:51 +0100
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