Counter-Terrorism Bill (Programme) (No. 2)

The hon. Gentleman says that the point of principle should be determined on its merits and not simply a matter of precedent, and I entirely agree. That is a perfectly fair comment, but I am not uncomfortable with having the essential decision made by the trial judge. The hon. Gentleman will also know that there are other precedents on which we can draw and that we must have regard to precedents in this area of the law—for instance, the Newton hearings are designed to determine the basis of a plea. We are on a slippery slope: if we adopt the approach advocated by the Liberal Democrats, we would soon find ourselves calling juries in to determine many matters that I believe are properly the province of the judge. I hope that the Liberal Democrats will understand that I will not be supporting them on this matter.