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Terrorism Bill

Will the noble Baroness please look at this again, because there may be two misunderstandings? The first question that has been at issue in this extremely important debate is whether the prosecution should have to prove intent in these circumstances. In my opinion they should have to do that and nothing that the noble Baroness has said has indicated why it should be left to the librarian or other person to prove their innocence. If she has a good explanation, no doubt she will give it. The second point, which I have heard several times in debates on this and other criminal justice matters, is that because such a case can be brought only with the consent of the Director of Public Prosecutions, the Government seem under the impression that the DPP will personally look at these cases. That is not what those words mean. If a Bill or Act of Parliament states that such a case must be brought only with the consent of the DPP, it means that it must be prosecuted by the Crown Prosecution Service. That is not the same as saying that it must have the consent of the Attorney-General, when one would expect him or the Solicitor General to be personally involved. It would, I hope and expect, be a fairly senior Crown prosecutor, and in any very serious case I would hope that the director would apply his mind, but it is not what those words in the Bill actually mean. It is important that unless the Government can show why there will be special circumstances exonerating the librarian or academic or whoever, the intent must be proved by the Crown. Having listened carefully to the noble Baroness, who is always enormously courteous and helpful, I have not heard that reasoning explained.