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Terrorism Bill

My Lords, this is a rare occasion on which we are going to disagree with the noble Lord, Lord Goodhart, on recklessness. The Minister will recall that the most contentious issue concerning the definition of recklessness was the distinction between subjective and objective recklessness. That matter has now, happily, been resolved. It is generally viewed that the application of subjective recklessness to matters of publication will, in practice, apply only rarely. Almost invariably, a person intends to publish a statement. Almost invariably in the criminal law of our country, recklessness is a component part of mens rea. We therefore see, in those circumstances, no good reason for excluding subjective recklessness in this case.