Lord Campbell-Savours
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Protection of Freedoms Bill
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Lord Campbell-Savours
My Lords, I speak to Amendment 3, which stands in my name. Perhaps at this stage I can apologise to the House for not being present during proceedings in Committee, as I was back and forth to and from hospital over a six-week period and was therefore unable to attend apart from a brief debate when DNA was being discussed. I set out my position on two amendments—including the one I will be moving later—on 29 November, when I made clear I was in favour of a voluntary national DNA database. I also apologise because Amendment 3, which I wrote in November, is slightly in error. Instead of it beginning with the words,
“or if the person from whom the DNA sample or fingerprint was taken”,
it should actually have read “and only”. That is my fault.
My amendment would require the authorities to obtain the permission of the DNA sample donor prior to the removal of his or her profile from the database, but does not totally compromise the Government’s intention to introduce their proposed changes. At first glimpse, the House might find it difficult to imagine circumstances in which a donor would resist removal of his or her profile. Furthermore, the House might wish to consider in what circumstances creating this new obstacle might benefit the state.
So why would a donor resist removal, and in what circumstances? A donor may wish to ensure that he or she is ruled out of a police inquiry through a simple DNA data mismatch during an investigation. The donor might feel that by allowing the retention of their profile, they were freeing themselves of suspicion during the police investigation. They may well have personal or particular family reasons for doing so. One has to place oneself in the mind of a person who has been accused of a crime and wants to be free of a potential accusation, or even show that he or she is not involved in criminal activity or is even going straight. It might help that person’s resolve. Some former criminals, even those involved in minor offences, feel that they are constantly under suspicion. This proposal is a psychological aid to rehabilitation.
So what possible benefits could there be to the state? I will not pray in aid the general arguments for the retention of DNA in the fight against crime. That is all well documented. However, there is a reasonable discussion to be had about whether, in the absence of DNA information following its removal, at least some residual information should be held on former donors. It was argued repeatedly in Committee that the proposed retention period was too short in the case of serious cases of rape and other crimes of violence. The Government’s response was the two-year possible extension period.
However, there are surely circumstances in which the state, while not retaining the DNA information, has an interest in at least knowing the whereabouts of a person who has previously been charged with a serious criminal offence. Let us not forget that “beyond reasonable doubt” is a high hurdle. Criminals who are successfully prosecuted often drop off the radar, as do those who are not successfully prosecuted. They move on in the process of seeking to cover their tracks. If DNA information is to be lost, the police should at least have the opportunity of retaining some point of contact, or knowledge of the whereabouts of former donors. Some who have been charged with offences will either surface at a contact address to request removal of the DNA data, to avoid detection in the future, or will steer clear of requesting removal, so as to avoid revealing their whereabouts. This may well happen in the case of people who have moved abroad, outside of what they believe to be UK jurisdiction. However, there will of course be those who have surfaced to request the removal of DNA data as a matter of principle. I fully recognise that these are complicated arguments; I suppose that they relate more to criminal psychology than to any empirical evidence that I am able to offer. But I merely ask the House to consider this as a proposition, perhaps for future legislation, since it is a little late at this stage
The Minister of State, Home Office (Lord Henley)
My Lords, I hope that I can deal with these two cases relatively briefly. My noble friend Lady Hamwee has brought before the House again the issue of those detained by the police and taken to a police station as a place of safety under Section 136 of the Mental Health Act. My noble friend outlined what that did, but it might help if I briefly outline my understanding.
If a person in a public place appears to be suffering from a mental disorder and in need of immediate care or control, Section 136 of the Mental Health Act allows a police officer to remove that person to a place of safety if the officer thinks it necessary to do so in the interests of that person’s protection or that of other people. I should make it clear that persons detained under Section 136 of the Mental Health Act—my noble friend emphasised this—are not arrested. That is a very important point that we all have to remember. It is an entirely separate regime, focused on the protection of the detained individual rather than the wider public. The powers to take DNA and fingerprints in Part 5 of the Police and Criminal Evidence Act 1984 apply only to those individuals arrested for a recordable offence. If a person was arrested for a non-recordable offence, such as speeding, or if they were not arrested at all but detained under the provisions that we are talking about, as is the case under Section 136, the powers simply would not apply.
If the police were to take biometrics in these circumstances, it would be not only an error on the part of the police but in fact unlawful. Under new Section 63D(2)(a) of the Police and Criminal Evidence Act, as inserted by Clause 1 of this Bill, if it should get on the statute book, all police officers would be under an obligation to delete material taken in this way. Therefore, I can say to my noble friend that Amendments 1 and 2 are unnecessary in that respect. She shakes her head, but I can assure her that, because the person had not been arrested, that would be the case. Taking biometrics from a person detained under Section 136 of the Mental Health Act is already unlawful.
The police are guided in the way that they take DNA and fingerprints by the PACE code of practice D, which deals with issues of identification of persons by police officers more generally. We will need to update code D in the light of the passage of this Bill and before it comes into force. I am happy to say to the House that we will include in that revision of the code a paragraph to make it quite clear that taking biometrics from those detained under Section 136 of the Mental Health Act is unlawful.
Lord Campbell-Savours
My Lords, I do not want to detain the House longer than a few moments. I reiterate what I said in my brief intervention when we last discussed this matter. I simply cannot understand how we could allow the complete disconnect on this issue between the Government and what people think outside the House. When I talk to my colleagues and friends outside politics about this issue, there is universal support for our position. I know one person who is in favour of the Government’s position. Many of my friends who are Conservative supporters just do not believe that the Government are taking this action. I cannot understand how we allow ourselves to slip into a position where this disconnect can develop. Even during the course of this debate, why are Government-supporting Peers, who know what their own supporters are saying on this issue, not objecting more or even privately making representations to the Government on the need to avoid going down this route? What happens when cases begin to surface, as inevitably they will, of people who have committed crimes who could have been picked up in the event that their DNA had been retained?
The Joint Committee on Human rights has obviously expressed a reservation, which I perfectly understand. Effectively it is saying, as my noble friend did, “Where is the evidence?”. I do not believe that there is any evidence that is worthy of this kind of debate. The Government are making a major mistake in proceeding on this basis and, as I say, they are aggravating the disconnect between the people and Parliament.
Lord Lester of Herne Hill
Before the noble Lord sits down, he wants evidence, but would he agree with me that what the public may or may not think on the matter is not evidence—it is evidence only of public opinion? We should be careful in deciding questions of rights and freedoms in adopting what might be called a populist approach.
Lord Campbell-Savours
The public’s perception of freedom in this debate is that they will be free of crime, or at least freer, in the event that more DNA was to be retained. That is the general attitude of the public as I understand it. They want freedom, but they believe that freedom comes with the retention of DNA.
Lord Henley
My Lords, as always, I am very grateful to my noble friend Lord Lester of Herne Hill for his assistance and advice in relation to what the Joint Committee on Human Rights feels about this issue. I am also grateful to my noble friend Lady Hamwee for what she had to say. Certainly, we will do what we can to provide better evidence of the use of DNA in convicting criminals as and when we can. However, I refer the noble Lords, Lord Campbell-Savours and Lord Hughes of Woodside, and possibly even the noble Lord, Lord Harris of Haringey, to the figures. These are some of the figures that we have; obviously, more will become available. Since 2001, more than 4 million people have been added to the DNA database, yet despite that the number of DNA detections has fallen from 33,000 to just over 26,000 in 2009-10. There has been a vast growth in the hoarding of people’s DNA but a decline in the number of convictions. That is an important thing to remember as we look at this amendment.
I also give an assurance to the noble Lord, Lord Hughes of Woodside, who was worried that material taken from crime scenes would be lost. That is not the case. Material taken from crime scenes will still be taken; we are talking about material that is taken from individuals, whether criminals or not. That is a very different matter. My noble friend Lady Hamwee addressed a point of disagreement about whose DNA you should keep and for how long. We know that the noble Lord, Lord Campbell-Savours, feels that there should be a national database containing everyone’s data. He would like to start with a voluntary database on which we can all put our DNA. We will discuss that when we reach his amendment. That might be hunky-dory and all that but it is not what we want, nor do we think that we should pursue a compulsory line in that regard.
I have explained what evidence we have. That is something we will look at but I also think we ought to look at other matters which influence this decision. The first thing to point out to the noble Baroness, Lady Royall, is that they would replace the Government’s provisions, which meet our coalition commitment to adopt the protections of the Scottish model. She says that that model was agreed without any analysis whatever. I have given some figures and we will provide some more in due course but we will also look at the remarks of Mr Keith Vaz, chairman of the Home Affairs Select Committee, at Committee stage on this Bill in another place. We will also look at what the ECHR had to say with regard to the Marper case referred to by the noble Lord, Lord Dear. I was very grateful to him for his intervention, particularly as he stressed the important point of this being a question of balance. My noble friend Lady Hamwee also stressed that point.
I believe that the party opposite is persisting in its approach to keep the DNA and fingerprints of innocent people for many years, no matter how little evidence was ever uncovered, and to keep huge numbers of individuals’ DNA and fingerprints on the national databases just in case they go on to commit crime in the future. That is not something with which we can agree. The party opposite pays scant regard to the judgment of the European Court of Human Rights in the S and Marper case, which noted with approval the system which has been in place in Scotland for some years. I remind your Lordships that the Scottish system, seemingly endorsed by the European court and on which we have modelled the proposals in the Bill before us today, was put in place by the Police, Public Order and Criminal Justice (Scotland) Act 2006, which was presented to the Scottish Parliament by the then Labour Justice Minister, Cathy Jamieson. I do not think that the Labour Party is in power in Scotland at the moment.
Noble Lords opposite contend that our proposals are in some way a charter for dangerous criminals such as rapists which will allow dangerous individuals to roam the streets, committing serious offences with no way of tracking them down. The contention that every individual suspected of rape or any other serious offence will instantly come off the database as a result of these proposals is just not true. As we have discussed previously and at some length, those charged with a qualifying offence, including rape, will have their DNA held for three years, and the police will be able to apply to the courts to extend that by a further two years. The police will do that and that is similar to what is happening in Scotland. Those arrested for a qualifying offence but not charged—oh! I was wondering whether the noble Lord wished to intervene but he is obviously addressing his Front Bench.
Lord Campbell-Savours
If I recall correctly, my noble friend on the Front Bench said that there had been no extensions whatever in Scotland and no use of the two-year extension. Is that true? If it is true, on what basis can it be argued that it is going to happen here?
Lord Henley
I am saying that it is available to the police should that be necessary. That is the important point to get over to the noble Lord. I do not know what the figures are for Scotland. I am not responsible for Scotland. It is another Administration in charge of their—
Lord Campbell-Savours
In other words, the Government are proposing an extension of two years for England and Wales. That system already exists in Scotland but the Government do not even know what has happened in Scotland in terms of the use of the two years. Is that correct?
Lord Henley
My Lords, that provision will be available here; it is available there. That is the important point. The police will have the ability to apply to the courts. Those arrested for a qualifying offence but not charged, where the victim is vulnerable, will also have their DNA held for three years, subject to the approval of the new independent commissioner. The noble Lord may not like that but that is the case.
Lord Campbell-Savours
“(10) The Secretary of State may by regulation introduce a statutory framework for the establishment of a Voluntary National DNA database.
(11) The National DNA Database Strategy Board shall, within a period of 12 months of commencement, report to the Secretary of State with recommendations on the establishment of a Voluntary National DNA database.
(12) The report on the establishment of a Voluntary National DNA database shall include the following—
(a) advice on options for the funding (both public and private) of the DNA database;(b) advice on proposals for the charging of individuals for the taking and retention of sample DNA;(c) advice on the security arrangements governing the retention of DNA samples;(d) advice on the categorising of donors from whom DNA samples have been taken and from which a DNA profile has been derived;(e) advice on the arrangements for the transfer of donor identification between categories;(f) advice on requests for removal of individual DNA profiles from the database;(g) advice on access by a responsible police officer to DNA profile information on the database; and(h) advice as to which statutory organisation and in what circumstances access to DNA profile information shall be given.”
Lord Campbell-Savours
My Lords, this amendment is my modest attempt to secure the introduction of a voluntary national DNA database. I suppose I could have introduced the amendment under the voluntary donation provisions in Clause 10; however, on reflection I decided to graft the responsibility for working up the arrangements for establishing such a scheme on to the functions of the National DNA Database Strategy Board. If the amendment appears clumsy, it is because I am not a lawyer.
During the course of a somewhat flippant area of debate in Committee, the noble Lord, Lord Henley, with a smile on his face, suggested that a special database should be set up for voluntary donors. I think he called it the Baroness Royall database.
Lord Campbell-Savours
I put the same proposition more seriously. I am convinced that there is much support throughout the United Kingdom for the establishment of such a database. I have no evidence, apart from anecdotal evidence and conversations. However, I believe that many people out there would have no problem donating their DNA to such a database. The huge and undeniable benefit of going down the voluntary database route is that it would greatly help to take the stigma out of DNA retention and would help to develop public recognition of the benefit of retaining DNA. The bigger the voluntary database, the lower the level of stigma will be.
It is inevitable that over this century the state will hold more and more information in secure conditions. Better that the collection of such information be organised in a thought-out and structured manner rather than in conditions of panic when the state feels so much under threat that its only response is overreaction, with resultant confusion in policies on law and order.
We are slowly moving into a world where the measure of our freedom is dependent on our freedom to walk where we wish, live where we wish, travel where we wish, interact with others where we wish, transact where we wish and live longer without fear of assault on our person, our possessions and our civil rights. That will require some data to be held on us as individuals. I believe that there are many millions out there who are prepared to invest in the protection of their freedom. For me, the question is not so much the nature of the data to be held—I think that at the end of a national debate we can agree on that—but how we can arrive at a point where the public have swallowed their misgivings and reservations about the secure handling of data. As the former Metropolitan Police Detective Chief Inspector Colin Sutton put it in the Times two weeks ago:
“We are seemingly happy to attach biometrics to our passports—and therefore to our identities—but fearful of DNA. Our data-dependent society requires everyone to be ‘on the system’”.
As the senior judge Lord Justice Sedley put it in the Times on 6 September 2007:
“Where we are at the moment is indefensible. We have a situation where if you happen to have been in the hands of the police, then your DNA is on permanent record. If you haven’t, it isn’t … It also means that a great many people who are walking the streets, and whose DNA would show them guilty of crimes, go free”.
He went on to say that expanding the database to cover the whole population had,
“very serious but manageable implications”.
We then have the very interesting comments of Professor Sir Alec Jeffreys in his evidence to the Commons Home Affairs Select Committee on 3 February 2010. Sir Alec was described by the chairman of the committee as the person who,
“invented techniques for DNA fingerprinting in 1984”,
and as,
“the person who … invented this course of genetics”.
Sir Alec fathered the scheme proposed by the Government in the Bill. It was he who called upon the Home Office to adopt the Scottish model due to his profound concerns over the operation of the DNA regime in England and Wales at that time. To be fair to him, I quote his response to Gary Streeter MP’s questions in its entirety, but briefly. Gary Streeter asked him:
“Do you think it would be fair if the police did not just keep the samples from the people they have arrested who turn out to be innocent but if we were all on the database? How would you feel about that? Would that be a better system than the current system?”.
Professor Sir Alec Jeffreys replied:
“It would be a much less discriminatory system. I do not want to discuss the issue of discrimination against certain classes of our society, but it would get rid of issues of discrimination. I personally would be very uncomfortable with the idea that the police would have such a database. My vision would be of a parallel database … that would allow the police to keep their criminal DNA database and then one can image how those two could possibly interface. Very, very interestingly, the United Arab Emirates has agreed to go ahead with mandatory databasing of the entire population—and without any change in legislation, as far as I can tell. They intend doing that over the next few years. There is an experiment that is about to start which will greatly merit a very careful watch, to see whether it really does impact on criminal detection or whether it is seen by the UAE society as much more of a surveillance tool—which would be my worry, I have to say”.
This is the man who basically invented this whole science.
My amendment is but a tentative step down that route. The reference to “categorising of donors” is the move towards the parallel database. There are a number of questions that would need answers if we were to proceed with a voluntary DNA database. What is the cost to be? Who will pay for it? What is the scale of public support? What security arrangements could be put in place to protect such data? What arrangements could be made for the removal of data? Who would have access to the data? How would one categorise data so as to de-stigmatise the retention of data while allowing for the transfer of data between the various categories?
These questions would be the subject of inquiry, investigation and debate within the National DNA Database Strategy Board, which is what I am recommending in my amendment. I have used the board as a peg on which Parliament would place the responsibility for taking the whole enterprise forward. I beg to move.
Lord Marlesford
My Lords, I strongly support the noble Lord, Lord Campbell-Savours. He is merely putting forward, probably before his time, something that will inevitably come. The sad thing is, as we have more and more science at our disposal to improve the standard of our lives throughout the world, every now and again it is resisted. There is nothing new in that; it is always happening.
When the noble Lord was speaking, what immediately occurred to me as a good example of scientific progress that is being rejected in some areas at the moment is GM foods. There have even been examples of modern vaccinations being rejected. Clearly, DNA being the most certain of the biometrics currently available is something that will come. It is used in other countries. There is nothing sinister about it. The noble Lord’s idea of a voluntary database is extremely sensible and a very good way of moving forward.
Of course one has to recognise the cultural inhibitions and the emotional barriers to doing these things. I always felt that the problem with the identity card system that the previous Government aspired to and which the current Government have scrapped was not the identity part of it but the cards, because people saw identity cards as being echoes of fascism and totalitarianism of various sorts. In any case, the card itself is quite a dangerous thing. The great thing about biometrics is that if you want to know who someone is, you have the biometric and thus the person. If you want to check whether A is who he or she says they are, you take the biometric. You cannot compare the person with a card, because a good criminal or a good terrorist would ensure that the chip on the card matched themselves, but you can compare them with a fundamental base. This will come. Of course, as the noble Lord said, we are in a complicated society in which people move, but the global economy is nothing compared with the global society in which we will move, and as this happens we have to be able to dispose of resources efficiently to help people who need help rather than those who do not, and of course to fight crime as well. We have to have the means of knowing who people are. What the noble Lord suggests is thoroughly sensible, and as it would give the Government only the powers to do it I hope that they will look at it very carefully.
Lord Henley
My Lords, the noble Baroness guessed right in that I will be rejecting the amendment or at least not encouraging the House to accept it. The noble Lord, Lord Campbell-Savours, like Jonathan Swift, made what is described as “a modest proposal” and claimed that I had recommended this policy in Committee with a smile on my face. The noble Lord should not always take me totally and utterly seriously, even in Committee, whether there is a smile on my face or otherwise. I will have to look carefully again at what precisely I said at that time.
If the noble Lord is of the view that he or others should be able to go along and hand in their DNA to the police, I am more than happy for them to do that. I will escort him to the police station in Workington, Carlisle or whatever town in the north-west he finds most convenient. We will go together and I will assist him in that process. Having said that, I do not think that this proposal really has much running for it, although I can see the arguments put forward by the noble Baroness, Lady Royall, about reducing stigma and other such matters. Those remarks were echoed by the noble Lord, Lord Desai, although he went on to make the important point about those who do not volunteer and whether they would have problems. I will get to that in due course.
I want to make only one or two points about the amendment because I do not think we should waste too much time on it, modest proposal though it was. First, I do not believe that there is a demand for such an idea. The police service has not been demanding the establishment of such a database and I do not believe that there is any great demand for one within civil society as a whole. There might be a few public-spirited individuals such as the noble Lord, Lord Campbell-Savours, and others who wish to come forward and provide their DNA for a database, but I suspect that they would be few and far between. I would also suggest that it is unlikely that individuals such as the noble Lord who did come forward would have any involvement in criminality, and that would be the reason they were happy to put forward their DNA. It is therefore difficult to see what the use might be for such material being stored on a voluntary database.
Secondly, I have a rather more important objection to the amendment, which relates to new subsection (11) where it proposes that the,
“National DNA Database Strategy Board shall, within a period of 12 months of commencement, report to the Secretary of State with recommendations on the establishment”,
of the database, and then in subsection (12) it sets out what the board should do. I do have to say that having the board carry out a feasibility study within 12 months of the commencement of the Bill would be asking rather a lot. The board’s workload will already be high during that period in supervising the establishment of the new procedures required by the Bill. That will take up a considerable amount of its time. The board has no resources to do this and we do not consider it appropriate to require it to do all this extra work at this time.
Having said that, I will put the smile back on my face and say that it is an interesting idea, as the noble Baroness put it, and a modest proposal. No doubt he will be more than happy to hand in his DNA in due course, but I do not think that I can support his amendment at this stage.
Lord Campbell-Savours
My Lords, I am grateful to the noble Lord, Lord Marlesford, for his recognition of the inevitability of the developments in DNA biometrics and how, in the end, there will be a national database. I am absolutely convinced of that, although it probably will not happen in my lifetime. I am also grateful to my noble friend Lord Hughes of Woodside on the question of the pilot. I do not think that this would cost the Government a lot of money. The only cost would be incurred by the strategy board in carrying out the work that is necessary for the purposes of my amendment. The fact is that we might find some great public benefactor, a private person, to fund a pilot which, over the years, might develop into a national DNA database. All I was asking was for the framework for a voluntary database to be considered, not for the Government to spend money on establishing it.
I recognise the concerns of my noble friend Lord Desai on the issue of black marks being put against those who refuse to join in. As I say, it would be voluntary, and in so far as it is voluntary I do not think that that issue would arise. I am sorry that the noble Baroness, Lady Hamwee, was not able to intervene on this occasion, because she too is recorded in Hansard as expressing the view that it might have some effect on reducing the stigma generated over the retention of DNA. I am grateful to my noble friend Lady Royall of Blaisdon for expressing the hope that we can at least consider this seriously at some stage in the future.
Perhaps I may say to the Minister that this is a debate that is going to carry on. As I have said, I believe it is utterly inevitable that this will happen. It is just a question of which Government will have the courage actually to take on the responsibility of taking the project forward. I beg leave to withdraw the amendment.
Lord Campbell-Savours
“(l) any organisation able to transmit images which derive from surveillance equipment that is subject to the code of practice under section 29”
Lord Campbell-Savours
To describe this as a probing amendment is perhaps to stretch parliamentary procedure a bit far. However, I do so in the light of the parliamentary Answer given by the noble Baroness, Lady Browning, on 31 August, which referred me to the Bill and the proposed code of practice in response to my Questions on pixelation. I should tell the House that I gave the department notice of the subject behind the amendment, which is, as I said, the issue of pixelation—the deliberate scrambling and distortion of televised images of people, a practice used by TV production teams to disguise the identity of individuals, more often than not for legal reasons. I believe that there is far too much pixelation in the live media. I understand that TV companies tend to follow rules, some say guidance, set under the Ofcom broadcasting code, which appears to call for,
“caution to be required in programmes covering relatively common but illegal behaviour such as dangerous driving, speeding and criminal damage”,
and state that programmes should not,
“condone or glamorise violent, dangerous or seriously antisocial behaviour”.
I further understand that the broadcasters also follow the Information Commissioner's code of practice, which provides guidance on how best to comply with the provisions of the Data Protection Act 1998 and the eight data protection principles. Page 13 of the Information Commissioner’s code covers disclosure of images from a CCTV system to a third party, which may well be a television company. The effect of my amendment would be in an oblique way to bring those who transmit the images, TV companies, under the umbrella of not only the two codes to which I referred but the new code, in that the two codes, after suitable amendment, would have some regard to the code covering the operation of surveillance cameras as proposed under Clause 29. There might also need to be further amendment to the Data Protection Act.
I readily accept that that is a rather untidy way to raise the issue of pixelation, which in my view is now completely out of control and contrary to the public interest. Broadcasters have become far too sensitive in the use of such images. I perfectly understand why innocent bystanders—that is, people in the crowd—should have their privacy protected under the various codes. Why should a person committing a driving offence, such as driving with no insurance, grossly exceeding the speed limit or being drunk in charge of a vehicle, or urinating in the street, resisting arrest, attacking a person in a public place, being caught in the act of theft, swearing in a public place, using racist language, or swearing at a police officer, breaking into a shop front, as in the recent riots, or being caught in the act of abusing the benefits system or public servants, shoplifting, acting in a corrupt way through bribery—all acts which can be caught on camera—be protected from exposure and transparency by pixelation of their image in the act of wrongdoing?
The camera does not lie. What the camera sees, those present—very often the public at the scene of the incident—can see and witness. To argue, as the broadcasters do, that their actions are intended to ensure that the legal process is not prejudiced is no more than a cop-out. The judgment that the broadcasters should have in mind is not so much whether they are prejudicing legal proceedings, which is rarely the case, as whether transmission would leave them open to a civil action for damages, which could arise only if the transmission of an image misrepresented the action of an individual or individuals.
Lord Campbell-Savours
My Lords, I am indebted to the noble Baroness for her reply to my amendment. We have had an early canter round a very interesting course. I feel sure that if we had not all been eagerly awaiting the amendment of the noble Lord, Lord Marlesford, there would have been far more contributors to the debate. On that basis, I beg leave to withdraw the amendment.