My Lords, I am most grateful to the noble Lord, Lord Trimble, for his intervention. Iwas advised, technically, that the words ““lack of jurisdiction”” included exceptional circumstances and were wider. I specifically questioned that point with those who assisted us in drafting the amendment and was assured that it was so.
I am most grateful to the noble and learned Lord the Attorney-General for his assurance that the matter is not closed and can still be the subject of further discussions between my noble friend and himself.
The words that I quoted from the Kebilene judgment were taken from the text available in the public domain on the British and Irish Legal Information Institute (BAILII) website. I am afraid that the paragraph number is not given, so I cannot argue with the noble and learned Lord about which paragraph I am referring to. However, the material point is in the words that I cited: "““there is a common law principle that””,"
which precede the sentence quoted in the Shuker judgment. My argument was the substantive one that you could not read across from the common-law principle to a rule of statute as the drafters of this legislation have attempted to do. However, it may be best to leave that matter for the discussions between my noble friend and the noble and learned Lord. With that, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Justice and Security (Northern Ireland) Bill
Proceeding contribution from
Lord Avebury
(Liberal Democrat)
in the House of Lords on Monday, 23 April 2007.
It occurred during Debate on bills on Justice and Security (Northern Ireland) Bill.
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691 c511 
Session
2006-07
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