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Terrorism Bill

The hon. Gentleman makes a good point. I suggested that in our legal system traditionally the burden of proof lies with the prosecution who, on the whole, must prove a case. There are examples in criminal law, however, where once the main facts are established the burden of proof can be reversed, although never beyond the test of reasonable doubt. On the balance of probabilities, the defendant must give a legitimate reason for doing something. I share the hon. Gentleman’s discomfort because I am not usually in favour of such legislation, but the Government have a difficulty in dealing with a particular problem. Proving beyond reasonable doubt that someone was at a camp for the purpose of gaining instruction can be a very hard test. If the purpose behind the clause is to deter people from going to camps abroad to receive terrorist training, the Government are entitled to wield a heavy club. I am not unsympathetic to their aim, but a let-out clause is needed. My amendment is to another clause so, subject to your consent, Sir Michael, unless the Minister satisfies me that my concerns will be taken on board and that the Government will return with another proposal, I am minded to seek the Committee’s view and put it to the vote.