My Lords, we have Amendments 30C and 30D in this group, as well as the clause stand part debate. These take us to polygraph measures, where we were not so many hours ago in connection with terrorist offenders—those were, of course, “offenders”, while the individuals subject to TPIMs are not.
If a polygraph measure is imposed as a requirement of a TPIM and the subject refuses to comply, then one asks: so what? That becomes an offence, as I understand it, and the subject would be liable to imprisonment for up to five years and/or an unlimited fine. In an attempt to think about the “so what?” question, Amendment 30C refers to Section 12 of the 2011 Act. That section deals with the variation of measures, with some safeguards. I will not hold it against the noble Lord if he says that the drafting leaves a lot to be desired; I dare say it does. The point is to seek to be sure that what is learned from a polygraph, and so points the examiner and therefore the police in a particular direction, cannot override the safeguards in legislation.
On Amendment 30D, we know that polygraphs cannot be used as evidence in proceedings. Can they be used to point to where there may be evidence? I assume that they can, so will the Minister therefore confirm whether this can be used as evidence of a breach of a TPIM, or to extend or impose a further TPIM? I think the Law Society has made the point—I hope I am not misquoting it—that polygraphs should not be used as a route to impose a TPIM. I beg to move.