My Lords, the noble Lord, Lord Armstrong, has done a sterling job in this area and I feel a little embarrassed to ask questions, but I will because that is what we are here for. First, I share his and the noble Baroness’s concerns about the danger to a fair trial in the circumstances that the amendment covers. It has always seemed to me that primary legislation in these circumstances is almost likely to be ad hominem. I do not know whether that is the right way to express it, but it could be read as being very personal to an individual.
I should like to ask the noble Lord about two phrases in his amendment. The first is ““time constraints””. I am not entirely sure what that means. It could be read as simply meaning management of parliamentary business. I dare say that it is intended to indicate insufficient time for adequate scrutiny, although I am not sure that that is implicit. The second phrase is, "““unacceptable risk to public safety or to security””."
I read that as being objective rather than subjective on the part of the Secretary of State and the Attorney-General. I am not sure whether I am correct in this but neither am I sure how one gauges an unacceptable risk as distinct from an acceptable risk. Those matters have to be subjective. One may often have seen in such a provision ““the Secretary of State considers that”” rather than the more objective approach in this phrase.
Protection of Freedoms Bill
Proceeding contribution from
Baroness Hamwee
(Liberal Democrat)
in the House of Lords on Monday, 6 February 2012.
It occurred during Debate on bills on Protection of Freedoms Bill.
About this proceeding contribution
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735 c72 Session
2010-12Chamber / Committee
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