---

Terrorism Bill

My Lords, I do not think that they are particularly difficult to reconcile. Clearly, when a notice is served, it will be burdensome to deal with that particular procedure, at that particular time, and in that particular case. The other argument I take some exception to is that made by the noble Lord, Lord Goodhart, in comparing what we are doing here with what has been happening in China with Google. I think the analogy with China is quite inappropriate. After all, a notice under this clause does not require anyone to remove or censor material. It simply advises an Internet service provider that it will not be able to rely on the defence of non-endorsement. In that sense I cannot see that it is a direct restriction to freedom of speech in the terms used by the noble Lord to describe, and compare with, what is happening in China with Google. In any event—and I have heard the noble Lord say this—freedom of speech is not exactly an absolute concept with regard to the Internet. For instance, I am sure the noble Lord would accept the point that it is inappropriate and wrong for child pornographers to have access to Internet to publish their appalling material, and that we should seek to limit such access. So, I cannot accept his argument on that. Turning to Amendments Nos. 6, 7 and 8, again I do not believe that there is much to add. The test of whether some or all of the persons who come into contact with a statement are likely to understand that statement as encouragement exists in Clauses 1 and 2. Under Clause 3, a constable applies the test of whether a statement is capable of being understood as unlawfully terrorism-related when considering issuing a notice. That difference is the root of the difference in the tests. The constable is asked to make a judgment as to whether a statement is capable of being understood as unlawfully terrorism-related. The noble Lord’s amendment would require a constable to second-guess whether the court will take the view that an audience is likely to understand the statement as an encouragement. The Government’s view is that this is unnecessary, and that the police ought to issue a notice saying that they are concerned about the statement’s presence as they would under present drafting. I realise that there is a difference of view on this; I suspect that the noble Lord will not find favour with the Government’s response, but we have to reach a conclusion. I hope that the noble Lord will reflect further upon it; I am asking the noble Lord, Lord Goodhart, to withdraw his amendments, but not with great expectation.