Protection of Freedoms Bill

My Lords, I thank the noble Baroness for that explanation of the reasoning behind these amendments. I want to raise a question about a particular part of the amendment rather than to make any point in opposition to the amendments. The amendments in this group appear to require the application to be made before a district judge in the magistrates’ court. Will the noble Baroness confirm what appears to be the case; namely, that an application could not be made before lay magistrates in the same court? I may be wrong, but if that assumption is right, will the Minister say why this is the case on this issue, since it does not relate, for example, to terrorist activity or threats to national security? As I understand it, the issue simply concerns the case for retention. Is it because there is an existing statute that already provides for this approach? Is it because it is considered that such applications will normally involve complex issues of law? Is it envisaged that such applications will normally be lengthy hearings lasting more than one day? Is it because lay magistrates do not want this responsibility? Is it a lack of confidence in lay magistrates? Or does the reference to ““district judge”” include lay magistrates? That may possibly be the explanation. Will the Minister also say whether there is a district judge sitting at every magistrates’ court at which such an application might most conveniently be made; whether it is envisaged that a district judge will hear such applications on occasions outside court sitting hours, away from the court; and what will happen if the district judge who is down to hear the application is off sick on the day fixed for the hearing and, as is often the case, no other district judge is sitting at that magistrates’ court? Will the date for hearing the application have to be rearranged, or in those circumstances would arrangements be made for the application to be heard by a Bench of lay magistrates already sitting that day at the court in question? To cover myself, perhaps I should declare that I am a lay magistrate—but I am not asking these questions in order to tout for additional business.