Protection of Freedoms Bill

My Lords, I thank the noble Baroness the Leader of the Opposition for her remarks, particularly for her endorsement of our search to strike a balance. We are trying to do that. I echo her comment that we are not there yet and I would endorse that. We had quite an extensive debate on this late on 6th February, and no doubt we will have further discussions on this matter at Third Reading. I want to make it clear that I look forward to those discussions. Also, in response to the remarks from the noble Lord, Lord Bichard, I would certainly welcome further discussions with him and others between now and then. It is important that we get these things right in due course and make sure that the right Bill becomes an Act on the statute book, and that we get the right guidance. I give an assurance that there will be further discussions and that my door, as Ministers always say, will be open as much as possible. I also agree with the noble Baroness, Lady Royall, that it is very important that we get the guidance right. However, I cannot give any assurance as to when we will get it, and I am not sure whether I will be able to get it before Third Reading. As for how this House will be able to debate that, I imagine that the noble Baroness and the usual channels will find a means of ensuring that it is debated in the appropriate manner in due course. I shall deal with some of the points relating to the three amendments, having given those introductory remarks following my moving of my own amendments. First, Amendment 50B was moved by two lawyers, my noble friend Lady Hamwee and the noble and learned Baroness, Lady Butler-Sloss, who questioned the use of ““in all the circumstances””. Getting such eminent legal advice thrown back at me causes me some alarm. I am asked just what the phrase means. I think back to the days when I did my Bar exams—the stuff about ““reasonable””, ““the man on the Clapham omnibus”” and all that. It seems quite obvious that ““in all the circumstances”” qualifies ““reasonable”” in a manner that should be suitable for the people who have to operate this Act, as it will become. If I may put this in a sporting context, to make it easier for my noble friend Lord Addington, obviously the circumstances will vary whether you are supervising rugby training over a whole area of different rugby pitches according to the different forms of training that are necessary or whether it is boxing. The circumstances will change according to what is being supervised.