My Lords, thank you. On the point raised by the noble and learned Lord, Lord Hope of Craighead, I am not sure that I have an answer off the cuff that I am able to give, and I entirely understand the point he makes as to the difference between “must” and “may” or similar expressions. I think the presumption, which I do not have the confidence to reproduce in Latin but which is to the general effect that everything is presumed to be regular unless the contrary is shown, would kick in here, and it would be a matter for the Lord Chief Justice to decide whether some further guidance is made necessary. I hope that those two points will at least accommodate the observation of the noble and learned Lord. However, the overall point is understood.
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The points regarding the general broadcasting of legal proceedings, and the sensitivity of particular proceedings, are also fully understood. The statutory instrument does not permit general broadcasting but leaves it to the discretion of the tribunal whether to permit this at all—and it will be a difficult discretion sometimes. Thirdly, as to the level of the technology, its variability and the difficulties faced by people on mobile phones, this is also recognised, in particular by HMCTS. It is expensive and challenging to equip courts to conduct legal proceedings remotely. To an extent it has got better as time has gone on, but we are still in a learning phase. Again, I will take that comment back and see what we can do to improve the efficiency and fairness of hybrid proceedings, in particular, which the noble Lord, Ponsonby, mentioned.
Having made those comments on the points raised, I commend the instrument.