Would it not be in favour of the amendment to look back at what Clause 4(2) looks like? In subsection (2), it says that the court may,
“have regard … (amongst other matters)”.
That goes, because of the way in which the amendments operate. Is the noble Lord saying more than, “The concept that the Government accept in the unamended subsection should somehow be reflected in the amended one”? It seems that what is being said represents the Government’s own view, as expressed in the unamended Bill, that the court may,
“have regard … (amongst other matters)”.
What is being said now is that that must be reflected in new wording. It therefore seems that the noble Lord may be too pessimistic in assuming that what he is proposing would not be accepted by the Government; I have no idea.