Digital Switchover (Disclosure of Information) Bill

moved Amendment No. 16: 16: Clause 2 , page 2, line 33, leave out from ““section”” to end of line 34 and insert ““““information of a prescribed description”” means information prescribed in Schedule 1”” The noble Lord said: The amendment addresses a serious flaw in the Bill. Clause 3 establishes a new offence for abusing information shared under the powers in the Bill and in doing so places the burden of proof on the individual who would be, in the event of a prosecution, the defendant. What is most disturbing about the reversal of the burden of proof in this context is that it not only shows flagrant disregard for the presumption of innocence, but it strikes me that an offence that not only places the onus on the defendant but also reduces the standard of proof for the prosecution to the balance of probabilities must be wrong. All these are arguments that have been to some extent rehearsed in another place, and it was the Minister's response to those arguments there that have spurred me to bring this issue back for scrutiny in Committee. The Minister's justification for the level of proof was inadequate. He said that, "““no offence would be committed unless it could be proved that the offender either knew they were disclosing information supplied under clause 1 without lawful authority or was reckless in doing so—in other words, they took an unjustified risk””.—[Official Report, Commons Public Bill Committee, 16/1/07;cols. 31.]" The offence carries a possible prison term of two years, or the maximum statutory fine. Those are serious punishments. The Minister knows that I have reservations about the distribution of information but the release of information should not be compensated for by abandoning important legal principles. Noble Lords will be familiar with the description by the sometime Lord Chancellor, Lord Sankey, of the presumption of innocence as the ““golden thread”” running through the British legal system. I hope that the Minister will be able to take away our amendment and come back with Government suggestions at report. I beg to move.