Serious Crime Bill [HL]

We have given notice of our intention to oppose Clause 40, but again this is a probing action. We have just discussed the issue covered in Clause 40 which sets out what a person would do in order to commit the offence of: "““Encouraging or assisting an offence believing it will be committed””." Similarly, Clause 41 creates the new offence of: "““Encouraging or assisting offences believing that one or more will be committed””." The similarity between the two offences becomes even more obvious when one notes that the headings are identical except that Clause 40 refers to one offence and Clause 41 to ““one or more””. I appreciate that Clause 41 goes on to provide for more than that, but it would appear that one should include the other. Our question for the Minister is simple: if Clause 41 covers one or more offences, does it not cover exactly the same ground as Clause 40? Surely this is in effect the duplication of an offence, which could lead to confusion. Will a person who encourages or offers assistance under the provisions of Clause 41 believing that an offence will be committed also fall under Clause 40? Which clause will be used by those trying to enforce these proposals? Perhaps the inclusion of these two clauses will give the impression that the Government are being tough on crime, or tough on this type of crime, but isClause 40 necessary at all? I hope that the noble Baroness can give us an explanation for why we need both Clauses 40 and 41.