My Lords, I joined in the debate on these two terms at the previous stage, and on re-reading Hansard I wonder now even more than I did at the time how assessing whether something is appropriate could be evidence-based. If I were still a councillor having to decide whether a condition is appropriate, I do not think I could avoid it being a subjective judgment. My noble friend has referred to this. I also asked at the last stage whether the assessment had to be reasonable. If it is ““appropriate”” rather than ““necessary””, I assume that it would have to be, but the Minister very elegantly sidestepped that question. I do not blame her because I had not given her notice of it.
My final point refers to the statutory guidance, again just mentioned by my noble friend. We are not talking about a particular application, but licensing in general is a quasi-judicial activity. Perhaps this is not strictly quasi-judicial, but it comes quite close to it. I am concerned about the need to rely on guidance as distinct from primary legislation in the way this is approached.
Police Reform and Social Responsibility Bill
Proceeding contribution from
Baroness Hamwee
(Liberal Democrat)
in the House of Lords on Thursday, 14 July 2011.
It occurred during Debate on bills on Police Reform and Social Responsibility Bill.
Type
Proceeding contribution
Reference
729 c872-3 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2023-12-15 18:06:35 +0000
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