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Fraud Bill [HL]

My Lords, I remain concerned about this matter. Perhaps the chief problem with the offence of conspiracy to defraud at common law is that it is extremely broad. I note what the noble and learned Lord has said about the Rose committee—Lord Justice Rose has said that it would be risky to repeal the matter. It is risky, although I am inclined to think that whether or not that risk will materialise will be known within the next three years. The noble and learned Lord has come forward with one new suggestion: that he will give guidance to the prosecutors and produce a working draft of that guidance to be made available to us before Third Reading. I regard this as a finely balanced matter. I note with regret that the noble and learned Lord, Lord Lloyd of Berwick, has wobbled slightly on to the other side. I recognise that there are difficulties. In the circumstances, before I make a final decision, it is my intention that we should see the draft guidance that the noble and learned Lord, Lord Goldsmith, plans to produce. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn.