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Cluster Munitions (Prohibitions) Bill [Lords]

The clause specifically states:""This Act binds the Crown."" It goes on to say:""No contravention by the Crown of a provision of this Act makes the Crown criminally liable."" The various other subsections include the provision:""Nothing in this section affects Her Majesty in her private capacity."" The clause then deals with matters relating to the Crown Proceedings Act 1947. This is rather like having one's cake and eating it, when dealing with cases involving military personnel. We have had a great deal of debate on these matters, and on whether soldiers, commanders or those involved in prosecutions should have certain defences available to them. We have explored the loophole argument, and discussed international operations. Here we are, however, discussing the application of the legislation to the Crown. The clause states, quite rightly, that the Crown is bound by the legislation, and that Her Majesty should not be affected by it in her private capacity, but it also states:""No contravention by the Crown of a provision of this Act makes the Crown criminally liable."" I should like some elucidation from the Minister as to what he has in mind here; I have a suspicion that he does not know the answer.