Serious Crime Bill [HL]

Far too much longer, I am afraid. With the greatest of respect to the Minister, I say that she has shifted her ground. Earlier today, she was undoubtedly saying that the burden of disproving in Clause 1(1)(b) rested on the respondent. Now she is saying that there is an evidential burden on the respondent to raise the issue and that Clause 1(1)(b) means that it remains for the applicant to disprove the issue, once it has been raised. She knows from the number of years that she has practised in the courts that there is a distinct difference between the evidential burden and the primary burden that the prosecution or, in this case, the applicant always carries. She has shifted her ground and I am pleased to hear it, because she will recall that I suggested earlier that if the burden rested on the respondent to disprove under Clause 1(1)(b), that would be an even greater breach of the European Convention on Human Rights than I had appreciated. However, even though she has shifted her ground, what remains is not at all satisfactory. For the moment I shall withdraw the amendment, but I shall certainly come back to it. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn.