I can say that the principle is certainly not for the judge to be asking himself, “Should I be protecting the Government or the security services from actions for damages?” I am not drafting the Bill, and I will further consider the matter, but I would imagine that it is something like how far the claimant brought the situation on himself. That would be an ex turpi causa or contributory negligence type of consideration. However, I do not want to pre-empt the discussion any further, standing on my feet thinking aloud, because I hear what is being said: we want further precision as to how the courts are to go about this.
National Security Bill
Proceeding contribution from
Lord Bellamy
(Conservative)
in the House of Lords on Wednesday, 18 January 2023.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on National Security Bill.
About this proceeding contribution
Reference
826 c1861 Session
2022-23Chamber / Committee
House of Lords chamberSubjects
Librarians' tools
Timestamp
2023-01-19 12:21:15 +0000
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