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Terrorism Bill

The noble Lord makes the case for an objective test, which the Government would have preferred. I underline that he has indicated why proving the test on which we may be about to agree will be so difficult to satisfy. That is the test which the Government, on reflection, consider is the most appropriate. It is that most likely to satisfy the concern which has been expressed in this House. We do so knowing that if we were to apply an objective test to a number of these cases, there may be clear objective indications that this person must have intended. However, unless and until the prosecution can prove that they knew that would be the effect, this offence would not be made out. That is what I am indicating to the Committee that the Government are prepared to agree to. We understand the enormity of the concession that we are making in that regard.