Serious Crime Bill [HL]

I hope that we shall come back to this. The Minister has just said that flexibility is necessary to keep ahead of the game, but flexibility comes in a variety of guises. At the foot of page 47 one sees some relatively trivial offences; indeed, some very trivial offences can be included in this provision, enabling some pretty draconian steps to be taken. We recognise that we are able to amend the schedule in that regard in these proceedings. As has been pointed out, we will not be able to amend—without the most frightful scenes were we to try—an order made under this prohibition. I can see the Government arguing for the environment offences on page 47 in support of some further trivial offence which they seek to bring within the ambit of the schedule. This is too dangerous to be allowed to go without further reflection, and I hope that the Government will consider it again. I hope that we shall come back to it in any event, because we must be extremely careful in enlarging the scope of provisions which short-circuit the normal legislative processes for creating criminal offences or criminal sanctions.