My Lords, Amendment 40BZF is grouped with Amendments 40BB and 40BC. The amendments are in the name of my noble friend Lady Hamwee who unfortunately is not well and cannot be here. I step into her shoes in order to put forward the views she would want to express if she were here. Amendment 40BZF relates to possession of paedophile manuals and seeks to explore the defences that may be available. At the moment the Bill allows a defence where the person has a legitimate reason for possessing a paedophile manual. The amendment changes this to allow possession only where it is necessary for the prevention or detection of crime. We question whether there are ever any other circumstances in which possession would be legitimate. For example, is research included? Is the defence currently included in the Bill too wide? Could it give rise to a defence where the intent of the person was to use a paedophile manual to aid them in committing or facilitating further offences?
Amendment 40BB relates to a domestic service provider. Again, the issue here is straightforward. The amendment probes paragraph 2 of Schedule 3 relating to paedophile manuals. This paragraph applies the rules on paedophile manuals to service providers elsewhere in the European Economic Area,
“as well as to a person, of any description”.
The amendment probes what is meant by,
“a person, of any description”.
Is this too wide to offer sufficient clarity to those who may be caught by this offence?
Amendment 40BC relates simply to a drafting point. Again, the forensic ability of my noble friend Lady Hamwee has picked up this point. The current drafting of paragraph 5(3)(c) of Schedule 3 requires that a service provider promptly removes information on a paedophile manual. Sub-paragraph (4) then states that this applies only in certain circumstances. Why not simply have sub-paragraph (4) state what will happen in the event it applies rather than referring back to sub-paragraph (3)(c)? I am sorry about all this confusion. Legal people may have a better ability to interpret this. I am sure my noble friend the Minister will forgive me for raising this very important point. I beg to move.
5.30 pm