My Lords, if two noble and learned Lords and one learned with a small “l” noble Lord—if I may call the noble Lord, Lord Carlile, that—are frowning and struggling to understand what the Minister has just said, there is no hope for me. I must confess that I found it pretty difficult to understand. I would be most grateful if the Minister could put the letter that he has promised the noble and learned Lord, Lord Etherton, in the Library so that the rest of us can try to understand.
It would be of great concern if the worry that the noble and learned Lord raised was to be shrouded in doubt in terms of the status of the Supreme Court case, which said that you cannot expect a gay person to have to live in a closeted fashion—that is, you would expect them to be able to live openly for a country to be considered safe. If that precedent were to be put in any doubt, it would have serious implications, as would the concerns that were raised about healthcare; I am not sure what point we have precisely got to on that subject.
The overall concern, if I may put it like this, is if it ain’t broke there is no need to fix it. The courts seem to have got a handle on these issues, and what the Government are doing with their word salad is creating quite a lot of instability and confusion in something that is being handled pretty competently by the courts. They have reached some position on how to assess issues such as risk, foreseeability and reality of risk—and
here the Government come, like a bull in a china shop, trying to upset and disturb all that. I am rather minded to think that the Government would do better just to leave it to the courts.
The Minister was not very persuasive in his argument that the wording in the Bill is necessary to stop projections of hypothetical risk. Surely, the courts can be relied on to filter out fantastical imaginings when they assess the reality of risk. I am afraid I found his responses on this group pretty unpersuasive. He keeps coming back to this hoary old chestnut that the use of detention is necessary to ensure swift removal. The idea that this Government are going to ensure swift removal of a lot of people strikes most people living in the real world, to use that phrase again, as for the birds. However, with that said, I shall not oppose the clause standing part.