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Proceeding contribution from Tony McNulty (Labour) in the House of Commons on Tuesday, 10 June 2008. It occurred during Debate on bill on Counter-Terrorism Bill (Programme) (No. 2).


Counter-Terrorism Bill (Programme) (No. 2)

I am not sure that that is the case. If we specified in the Bill that the judge must be satisfied beyond reasonable doubt, that could cast doubt not only on the burden of proof, but on the integrity of all other sentencing provisions. Our law is not littered with the phrase ““beyond reasonable doubt””. It operates in part by convention and in part by statute, and to isolate the forfeiture provisions and add ““beyond reasonable doubt””, which pertains anyway, could cast doubt on other sentencing provisions. Where there is doubt lies confusion, and where there is confusion, a pile of lawyers rush in and make a load of money out of it. That is not worth while, especially in such a sensitive area. It is well established that the test is being beyond reasonable doubt. My brief says, ““Leave well alone””. I shall not translate that into parliamentary language; the thrust is clear. I commend Government amendments Nos. 60 and 9, and I am grateful for the broadly generous way in which the House has received them, notwithstanding the comments of my hon. Friend the Member for Foyle. I urge the House to resist the other amendments in the group, save for my assurance that I will take amendment No. 91 away for consideration. It refers to an issue that the right hon. and learned Member for Sleaford and North Hykeham has usefully brought to the attention of the House.


Secondary information

Type
Proceeding contribution
Reference
477 c237 
Session
2007-08
Chamber / Committee
House of Commons chamber
Subjects
Disclosure of information Data protection Codes of practice Crime prevention Criminal investigation Crime Administration of justice Detainees Armed forces Devolution Coroners Juries Intelligence services Documents Northern Ireland Police Public participation Police interrogation Terrorism Security Anti-terrorism control orders
Legislation
Counter-terrorism Bill 2007-08
Police and Criminal Evidence Act 1984
Link
View this Proceeding contribution on www.publications.parliament.uk