I thank both noble Lords for raising those points. On the final point made by the noble Lord, Lord Rosser, on what happens if the law changes in relation to the court case, clearly the court case is ongoing, we await the findings of it and, in a sense pre-empting the court case, the Government have seen fit to put on to a statutory footing that which was never on a statutory footing. So I hope that, without in any way pre-empting the court case, this will satisfy the courts.
Obviously, the Government are disappointed that we are having to bring forward these amendments. We made it clear that a UK Bill was and remains our preference, and we have worked hard to try to accommodate that. But we have to ensure the workability of the Bill as our primary consideration, and on those grounds we could not provide the amendment necessary to ensure the support of the Scottish Government. On the point made by the noble Lord, Lord Rosser, about limits, we will not accept any change to what we have put forward because it would completely undermine the operational capabilities that the Bill provides for. I have been through the arguments about the safeguards on human rights that are provided in the Bill and, of course, the Children Act when it comes to children.
The noble Baroness, Lady Hamwee, asked about the Government’s assessment of impact. She will appreciate that we do not want to provide sensitive
operational detail, but operational partners are considering how to manage any impact of the decision of the Scottish Government. In the immediate term, public authorities will need to consider any existing legal basis for an authorisation, but the noble Baroness is absolutely right to acknowledge that these organisations will not be able to rely on the clear statutory basis provided by the Bill. If there is operational or legal risk in the future, it will be for the Scottish Government to bring forward legislation for devolved activity. It will be in their gift to decide on the safeguards attached to that legislation, and I would hope and expect them to be driven by the expert advice of operational partners, as we have been.
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The noble Baroness, Lady Hamwee, also asked—rightly so—about cross-border operations. Operational partners will continue to work closely with their counterparts in Scotland, including Police Scotland, where operations take place across the border, to ensure that they remain able to prevent crime and harm to the public in all parts of the UK. Finally, she asked whether the issue was wider than the Bill. Clearly, if there are any legislative consent issues to which Scotland, or indeed Wales, have to consent, these will be considered on a legislation-by-legislation basis, so it is very difficult for me to answer in any theoretical way, but that is the process that goes on for LCMs, as we call them.
The noble Lord, Lord Rosser, asked me whether there would be any adverse impact on national security and economic well-being more broadly. I answered no in my first speech and I will confirm that, because they are, of course, reserved matters.