Serious Crime Bill [HL]

The reference to ““mental state”” is a reference to intention. We are saying that you do not need to intend the consequence of that which is sought. I am happy to write to the noble Baroness and have the letter copied to Members of the Committee setting out the examples of how we should do this. I tried to give the example of the person who has a lodging house who simply says, ““I will not do anything at all to assist in relation to these people who you assert are being trafficked””, where the intelligence is that their property is being used, perhaps almost exclusively, for the trafficking of people, and they have been asked about that, and they do not concur that they should do anything about it. It would be very difficult in law to prove that in their refusing to assist their intention was to facilitate trafficking; their intention may simply be to garner as much money as they possibly can. That would put us in difficulty if intention had to be demonstrated. In those circumstances, it would be reasonable, fair and just for the court to conclude that, to prevent that activity continuing, there should be an order to restrain them from doing certain things or asking them to provide information on the people who came to their property, perhaps when it was paid for by an unknown third party. That would enable us to interdict the criminal offending that is so offensive. That is why the intention is not there in the way that one would normally have it. As I said earlier, in addition to intention, ““mental state”” includes, for example, knowledge or recklessness. You would not have to show that the person knew that the sole purpose of rooms being rented was so that people could be trafficked through them. That is why we think it would be proper not to consider those things but to look at the acts that were complained about. I am happy to write, I hope clearly, to the noble Baronesses, Lady Carnegy and Lady Anelay, if that would assist.