No; my difference with the Lords amendment is that it would leave applicants less clear about what to do. This would result in a large number of cases backing up in the courts waiting for judges to interpret what Parliament meant by the legislation, just as there are at the moment. The purpose of my proposal today is twofold: first, to meet the reasonable objections that have been raised about the original Government proposal; secondly, to provide greater clarity so that the House can speak with as clear a voice as possible in these difficult areas and not leave the field open to judicial interpretation, which can take a long time and which provides uncertainty for applicants.
I am aware that, in both Houses, there has been a misconception that applicants would somehow be required to prove that they did not commit the offence before compensation could be considered. I can categorically say that that is not the case. Applicants do not have to prove anything under the existing criteria, and nor would they have to do so in future under this proposal. Applicants need only rely on information that is already available to them as a result of their appeal process.
The test provided for in the Bill on its introduction was one that Labour was perfectly content to operate while it was in office. I hope that the new definition, which attempts to address the concerns that have been raised, will therefore have the support of the Opposition. I hope that they will now reconsider their position so that the Bill, and the many important measures it contains, can swiftly secure Royal Assent.