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Proceeding contribution from Lord Thomas of Gresford (Liberal Democrat) in the House of Lords on Tuesday, 17 January 2006. It occurred during Debate on bill on Terrorism Bill 2005-06.


Terrorism Bill

My Lords, I strongly support the amendment because the defences propounded in Clauses 1 and 2 require the defendant, generally, to prove a negative. Under Clause 1(6)(b) he has to prove,"““that the statement neither expressed his views nor had his endorsement””." Under Clause 1(6)(c) he has to prove,"““that it was clear . . . that it did not express his views””." The defence in Clause 2 is essentially proving a negative. Subsection (8) states:"““In proceedings against a person for an offence under this section it is a defence for him to show . . . that he had not examined the publication . . . that he had no reasonable grounds for suspecting that it was a terrorist publication; and . . . that the matter contained in the publication by reference to which it was a terrorist publication did not have his endorsement””." These are serious offences, both punishable by imprisonment of up to seven years. Consequently, it ought not to rest finally on the defendant to show a negative. Certainly he will be required to give evidence; certainly he will be required to raise the issue by saying, ““Well, I never endorsed this. I never knew about it. I never examined it””. But once that has happened [Interruption]. I shall burst into song in a moment, I can see, and it would probably be better for your Lordships if I did.


Secondary information

Type
Proceeding contribution
Reference
677 c641 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Databases Crime Incitement Internet Journalism National security Organised crime Publications Terrorism Surveillance Telecommunications Training Cryptography Encouragement of terrorism
Legislation
Terrorism Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk