My Lords, I rise very briefly in support of the noble Baroness and thank her for tabling the amendment, which takes up one of the recommendations of the Joint Committee on Human Rights. We wrote to the Government about
this and in response the Government stated that an explicit reference is unnecessary, due to case law that establishes the principle that in the context of civil orders applying to anti-social behaviour the requisite burden of proof is the criminal standard. That was a reference to the other Bill as well. However, given that I speak as another member of the non-lawyer sisterhood in your Lordships’ House, perhaps the Minister could explain a bit more about that. Would he not accept that the principle of legal certainty is a very important one, particularly in such a charged area?