Serious Crime Bill [Lords]

My right hon. Friend makes an extremely powerful and effective point. It is extremely strange that this simple and narrow point has not been taken on board in the language of the Bill. As the Minister will see from the amendments, it does not require a huge amount of drafting to clarify the burden of proof required to demonstrate that somebody has been engaged in or involved in serious crime. One must therefore question why there is such reluctance to take that on board and to make the changes that we believe are necessary. We think it appropriate for the situation to be made clear in the Bill, and our amendments Nos. 75, 76, 79 and 80 would give effect to that. The Government have said throughout the passage of the Bill that the orders in part 1 are intended to be a preventive civil tool rather than a punishment. Indeed, as we have already discussed, that approach is essential to compliance with the European convention on human rights. There is little doubt, however, that these orders could be extremely wide-ranging in nature and scope and be quite draconian. That point has been rehearsed on many previous occasions on Second Reading and in Committee, and I do not intend to delay the House unduly with it. However, given the need to make it clear that the powers should be used in a preventive way, it is important that this House states that the terms of the order should be ““necessary and proportionate”” in order to prevent the harm of serious crime. This is not about questioning the integrity of the court but about providing a clear statement of purpose which should aid compliance with article 6 of the ECHR.