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Companies Bill [Lords]

That is absolutely correct. They are different concepts in terms of what has to be found, although either the Secretary of State or a judge could find in either instance. It is a close judgment between whether the Secretary of State or a court should do this. I have a preference for the Secretary of State, because the kind of circumstances that are likely to arise are so varied that the Secretary of State would be in a better position to judge all the different circumstances. He would also be in a slightly better position to gather all the evidence. If, however, one were to take the view that a court would be in a better position to gather the evidence and to take advice, one could establish the same system using a court. The question would then be: would the Government and the hon. Member for Newcastle-under-Lyme accept the new clause on those terms?