This is a significant amendment, which takes us into technical and legal territory, so my response will be suitably worded but, I hope, precise. I begin by congratulating the noble Lord on the new interest that he has acquired. I have no doubt that it will add further insights into the work that we do on the Bill. We are debating that part of Schedule 4 which has been called a presumption of guilt. Not only did the noble Lord, Lord Clement-Jones, use that phrase, but also my noble friend Lord Borrie. If I was already quailing in the face of the onslaught of the noble Lord, Lord Clement-Jones, I quaked at the additional contribution of my noble friend. Both noble Lords, and the noble Lord, Lord Glentoran, will forgive me if I spend some time explaining the Government’s position and, I hope, allaying fears regarding the advertising industry. I shall not rebut their arguments, although I shall seek to counter them.
The Government totally reject the description of the provision as a presumption of guilt. It is inaccurate. The Bill includes what is known as an evidential presumption, which is a much lower hurdle for a defendant to clear than is implied by the term ““presumption of guilt””. If that were built into the Bill, the anxieties of the noble Lords would be well founded.
London Olympic Games and Paralympic Games Bill
Proceeding contribution from
Lord Davies of Oldham
(Labour)
in the House of Lords on Wednesday, 15 February 2006.
It occurred during Debate on bills
and
Committee proceeding on London Olympic Games and Paralympic Games Bill.
About this proceeding contribution
Reference
678 c386-7GC Session
2005-06Chamber / Committee
House of Lords Grand CommitteeSubjects
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2024-04-22 01:55:07 +0100
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