In speaking briefly to Amendments 24 and 28, I perhaps come from a different stance from that for the previous group of amendments.
In both Clause 4, ““Duration of designation””, and Clause 5, ““Variation or revocation of designation””, as currently drafted, the Treasury must, "““take such steps as they consider appropriate””,"
to bring such matters to the attention of the persons who have already been informed of the designation. Amendments 24 and 28 would change ““they consider appropriate”” to ““are necessary””. First, I simply want to understand why it is necessary for the Treasury to have the slight subjectivity—the discretion, if you like—that is allowed in the clauses as drafted. Secondly, I want to ask whether ““appropriate”” implies a degree of reasonableness. Could the Treasury take a completely off-the-wall view, or must it act reasonably in Clauses 4 and 5?
Terrorist Asset-Freezing etc. Bill [HL]
Proceeding contribution from
Baroness Hamwee
(Liberal Democrat)
in the House of Lords on Wednesday, 6 October 2010.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Terrorist Asset-Freezing etc. Bill [HL].
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721 c164 
Session
2010-12
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