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Terrorism Bill

My Lords, I too support the efforts of the noble and learned Lord, Lord Lloyd, to remove subsection (3) and I echo what was said by the right reverend Prelate and the noble Baroness, Lady Williams, a moment ago. It is really important that we take account of the great influence that our law has on the rest of the common law world. It is for that reason that it is particularly important that we take account of the letter of Louise Arbour. When the United Nations High Commissioner for Human Rights writes and alerts us to the folly of this part of the legislation, we should give serious consideration to what she says. As the noble and learned Lord, Lord Lloyd, said, not only is she an eminent lawyer and judge—indeed, she was a member of the Supreme Court for a short time before her appointment as High Commissioner—she was also a very experienced prosecutor who prosecuted at the tribunal in the Hague for a significant time. We should take account of her understanding of human rights and the impact of and follow-on from our legislating in this way. I am concerned that other countries which also feel that they are facing issues of terrorism will take great delight in our passing such legislation and will use it in ways that will alarm us all. I heartily endorse the amendment of the noble and learned Lord, Lord Lloyd. I too think that there is perhaps some confusion. I urge the noble Lord, Lord Kingsland, a colleague at the Bar, to think again about his amendment because it introduces confusion. In an effort to find a third way—and I know that the Conservative Party has now become rather enthusiastic about the third way—I suggest to the noble Lord that this piece of legislation is not needed. The noble and learned Lord, Lord Lloyd, is right: there is already sufficient legislation to deal with the wickedness with which we are concerned, which is really incitement.