Independent Panel Inquiry into Child Sexual Abuse

Lord Morris of Aberavon Excerpts

Wednesday 4th February 2015 Lords Chamber

[Lord Bates]

I think there is some very deep expertise among those in the charitable sector who have been working on this. My right honourable friend the Home Secretary has had conversations with the Health Secretary about what mental support can be made available to victims and survivors of these crimes. We are learning about that process, but we will provide that additional support as well as the support that we have provided to the voluntary organisations which already do tremendous work in this area.

[Lord Morris of Aberavon (Lab)]

My Lords, will there be updates to Parliament from time to time on target dates for reporting in order to try to avoid another Chilcot?

[Lord Bates]

That will be very important, and of course your Lordships can routinely hold the Executive to account through the provision of reports. Given that this inquiry is independent of government, it will also be important that systems and processes are in place by which both Houses of Parliament can be regularly informed about progress.

Child Sex Abuse Inquiry

Lord Morris of Aberavon Excerpts

Monday 15th December 2014 Lords Chamber

[Lord Bates]

I am grateful to my noble friend for that question. With regard to the Home Secretary’s Statement on this matter on 3 November, we have since had 130 applications, some of which have been from serving judges. Therefore, it would be entirely appropriate for the Lord Chief Justice to be consulted on their availability to perform such a task if they were asked. With regard to the statutory footing, my right honourable friend the Home Secretary has said that if the chairman requested that the inquiry should be put on a statutory footing, she would take that into consideration. However, it does not have to be a judge for it to be statutory, because the statutory powers come from the Inquiries Act 2005.

[Lord Morris of Aberavon (Lab)]

My Lords, given the catalogue of mishaps in the appointing of a chairman, does the Home Secretary personally see a person she is minded to appoint as chairman?

[Lord Bates]

Part of the issue here is that because of a series of announcements and revelations which brought about huge concern, there was a desire to move very quickly to establish the inquiry. The important thing, we recognise now, is to put survivors’ groups, and the confidence of those groups, at the heart of this, which is the reason the Home Secretary has met survivors’ groups three times—on 3, 20 and 25 November—and indeed is meeting them today.

Asylum Seekers: Mental Health

Lord Morris of Aberavon Excerpts

Monday 10th November 2014 Lords Chamber

[Lord Bates]

The process is genuinely speeding up. We have given a commitment that everybody who applied before 2012 will have their case decided by the end of this calendar year. Seventy per cent of applications are decided within six months, and 35% of those people are given the right to stay, so there is speed in the system. We have recruited extra people to help. As for mental health needs, that is clearly a clinical decision. When someone is registered with a GP and in contact with the NHS, their condition can be assessed.

[Lord Morris of Aberavon (Lab)]

My Lords, will the Minister answer the noble Baroness who raised a question a few minutes ago?

[Lord Bates]

Judging by the general murmurings, I think that I may have misheard the noble Baroness. I thought the question was about whether asylum seekers would be able to work if they were doctors, but I gather that it must have been about something else—in which case I apologise, and I will be happy to write and clarify the matter.

Anti-social Behaviour, Crime and Policing Bill

Lord Morris of Aberavon Excerpts

Wednesday 8th January 2014 Lords Chamber

I understand that the Government do not intend this to apply, for example, to street preachers, but the problem is that the definition as stated would, for the reasons which we have heard, quite clearly encompass that kind of conduct. The idea that guidance can deal with this seems to be quite aside from the real difficulty, because I do not believe that guidance can alter the substantial issue raised by the statute. The idea of the Home Office giving guidance to the courts strikes me as a slightly difficult concept for the courts to accept. Apart from the kind of interpretation which is given as a result of statements made in this House when an amendment is put forward, guidance to the courts by the Executive would be regarded as being of a rather doubtful constitutional propriety. Unless something can be done to alter this definition or the circumstances of its application, I urge your Lordships to support this amendment if, in due course, the noble Lord, Lord Dear, decides to test the opinion of the House.

[Lord Morris of Aberavon (Lab)]

My Lords, I have added my name to the amendment tabled by the noble Lord, Lord Dear. Like him, for as long as I can remember the Home Office has been bringing forward ill thought-out proposals with little regard for the consequences. Parliament scrutinises them, and they are from time to time defeated. I, like the noble Lord, thought that some lessons would have been learnt from our debate on “insulting”. I fear that from time to time the Home Office does not fulfil its purpose as the guardian of our liberties and a watchtower against the infringement of those liberties. I can go back a long time. Over the decades, Parliament has been concerned with loads of proposals of this kind which have not been thought out because they emerge from the fortress mentality of the Home Office, which imprisons so many Home Secretaries of all parties.

We have heard many objections, which I shall not repeat, to these proposals to lower the threshold and inevitably catch a much larger number of people than Parliament would want. As a lifelong criminal law practitioner, I, like the noble Lord, Lord Dear, give the highest of values to the importance of certainty, and the European Convention on Human Rights affirms the common law. When she agreed to the removal of the word “insulting” from Section 5 of the Public Order Act, the Home Secretary, informed Parliament that:

“There is always a careful balance to be struck between protecting our proud tradition of free speech and taking action against those who cause widespread offence with their actions”.—[Official Report, Commons, 14/1/13; col. 642.]

I agree wholeheartedly with the need for a careful balance. This proposal, including the Government’s amendment, is the wrong side of that balance. “Harassment, alarm or distress” is well tested by the courts and in its application. “Nuisance or annoyance” is such an elastic term that it could, if it were applied widely, be used as open-ended machinery to catch all sorts of people who really should not be before the courts. Somebody with a placard saying that the end of the world is nigh, a preacher or maybe a politician on the street during an election may well be caught because they will certainly cause annoyance to someone. Are those the kinds of people that we want to haul before the courts?

The Government say that their formula is hallowed and supported by 15 years of case law and is readily understood. The reality is that it has been tested only within the narrow confines of housing-related cases, and there are limitations on who can bring such actions. Like all former constituency Members, I have experience of dealing with housing problems. I can affirm that there is sometimes a need for strong action to be taken in cases where people are stable and cannot move. You have to do something to try to remedy that situation. There may be strong arguments for a lower threshold there, but to extend that lower threshold in a situation which has been tested only in the housing section is a bridge too far.

I fear that the Government’s amendment does not help us; it merely underlines the situation and may indeed make it worse. The test to be satisfied is the balance of probabilities. I heartily disapprove of such a test, which can ultimately lead to a loss of liberty for the individual for disobedience. The court must consider and decide whether it is,

“just and convenient to grant an injunction”.

What on earth does that mean? Convenient for whom? Just is perhaps a slightly easier concept, but I wonder how far it has been tested. We are familiar with the concept of the interests of justice, but “just and convenient”? One is horrified that this kind of clause, these kinds of words, are put in a statute at all.

For the existing ASBOs, the test is, of course, the criminal one of proof beyond reasonable doubt. The alleged burden is well known and well established, and when it is suggested here that the order must be shown to be necessary, why do we have to depart from the long-hallowed practice, which has been tested?

I support, and pray in aid, what the noble Baroness, Lady Mallalieu, said when she quoted Lord Justice Sedley. I shall not repeat the words, which are still ringing in our ears; I shall merely say that, as the noble Baroness told us, he finished by saying:

“Freedom to speak … inoffensively is not worth having”.

We do not want to catch people who merely annoy, or merely cause a nuisance. There must be a higher threshold.

It was my duty, as Attorney-General, to consider prosecutions when anti-Semitic material was published. Even that legislation could be said to be an infringement of free speech, but over the decades there was material so unacceptable that it had to be dealt with firmly. Where my discretion had to be exercised, I tried to approach the decision with the greatest care. Deciding not to prosecute was probably more difficult than deciding to prosecute. There have been other limitations on free speech over the years, and when Parliament attempts to limit free speech, each and every one of those limitations must be considered with the utmost care. We must be ever vigilant not to breach the fundamental concept of free speech.

[Lord Faulks (Con)]

My Lords, I fear that I am about to break the consensus. I hope that in doing so I do not cause too much nuisance or annoyance. The amendment in the name of the noble Lord, Lord Dear, and others is rather different from the one that was before your Lordships in Committee. The amendment there sought to include a requirement that anti-social behaviour had to be established beyond reasonable doubt before an injunction was obtained. Given the evidential problems that this would have created, the amendment has sensibly been altered so that it no longer requires a criminal standard of proof before a judge can order an injunction.

I tabled an amendment that reflected the views of the Joint Committee on Human Rights, of which I was a member. We had proposed that a reasonableness requirement should be imported into the definition of anti-social behaviour. In other words, there should be an objective element, to deal with the argument that the whole concept of anti-social behaviour was too subjective. The Government’s Amendments 2 and 3, particularly Amendment 2, seemed to me entirely to meet our concerns, and in this regard I am specifically authorised by my noble friend Lord Lester, who is unable to be here today, to say that he supports the Government’s position and would oppose Amendment 1.

It is clear from the speeches that we have already heard that there is concern that the obtaining of an injunction would be too easy, and that there would be a risk of freedom of speech, freedom of association, and the freedom to indulge in activities that some people might regard as annoying, being inhibited. Is this a realistic fear? First, it must be remembered that under Clause 4 the applications can be made only by an agency—for example a local authority, a housing provider or some other such body. That is a defence against inappropriate use. It means that a victim of anti-social behaviour has to go through the filter of a hard-working agency in order to establish the fact that there is sufficient basis to seek an anti-social behaviour order—or, in this case, an IPNA. If it were to be done on the say-so of one individual deciding, perhaps unreasonably or capriciously, that someone else had been guilty of anti-social behaviour, that indeed might be objectionable. But the use of an agency provides an important filter.

At Committee stage, and even at Second Reading, the Minister referred to the guidance. The guidance is given to the front-line professionals—not, with great respect to my noble and learned friend, the courts—to make sure that they do their job correctly. That guidance, which was then in draft, is now, according to an amendment, to be made a specific statutory provision. Page 24 of the advice says that,

“in deciding what constitutes ‘nuisance or annoyance’, applicants must be mindful that this route should not be used to stop reasonable, trivial or benign behaviours that have not caused, and are not likely to cause, harm to victims or communities. For example, children simply playing in a park or outside, or young people lawfully gathering or socialising in a particular place may be ‘annoying’ to some, but are not in themselves anti-social. Agencies must make proportionate and reasonable judgements before applying for an injunction. Failure to do so will increase the likelihood that an application will not be successful”.

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[Baroness Hamwee]

I would say because of the context of the Bill, the clear policy underlying it and the evidence that would have to be given. I have heard the exchange about hearsay evidence but a judge has still got to be convinced that it would be just and convenient, and therefore proportionate, as I understand it, to grant an injunction.

[Lord Morris of Aberavon (Lab)]

When the noble Baroness uses the word “frightened” is she not arguing the case for maintaining the present position of causing harassment, alarm or distress?

[Baroness Hamwee]

Of course, these things are all subjective to some extent and perhaps that was an inappropriate word for what I was trying to describe. However, with what is reasonably frightening one is attempting to put objectivity into it; what may be unreasonably frightening would fall into a different category.

Perhaps I may now refer to the preventive nature of the provisions and say that, in considering whether the clause impinges on the fundamental freedoms of individuals—and we are talking here about individuals and not peaceful assembly—the convention rights, including freedom of expression, are protected in any event, as I understand them. The Minister will no doubt explain that the Government have responded to the JCHR’s concerns.

I have been critical about the reliance in the Bill on guidance. I agree with the noble and learned Lord, Lord Mackay of Clashfern, about it not being appropriate to give guidance to the courts—I made that point at the previous stage—but they would not be guided in the way that the potential applicants listed in the Bill would be, and the guidance will now be statutory.

The noble Baroness the Lord Speaker has confirmed that the second amendment—the reasonabless amendment —would fall if this amendment were agreed to. I finish by saying that I will still feel free to annoy people by delivering leaflets and by expressing minority opinions. I fear that, as a child of the 1960s, the musical exhortation has not persuaded me.

Anti-social Behaviour, Crime and Policing Bill

Lord Morris of Aberavon Excerpts

Monday 18th November 2013 Lords Chamber

[Lord Morris of Aberavon (Lab)]

My Lords, we are all grateful to my noble friend Lady Mallalieu for raising these matters. She has spelled out her concerns and anxieties about what might be unintended consequences. We should always pause and think, particularly with regard to Amendment 19C, when a standard lower than the usual criminal standard is sought to be imported. I am always nervous of including any test other than the usual one in a criminal court. The noble and learned Lord, Lord Lloyd, has done a good service to us here in spelling out—and I am sure that he is right—the two parts of the procedures: civil, in order to obtain the injunction, then the usual criminal one, where there has been a breach or an allegation of a breach. This should reassure those of us who are anxious—and I was anxious when I first read it—of importing any lower standard.

I appreciate the remarks of my noble friend Lord Harris, who has dealt with this in part. I invite the House to stand back and try to deal with the mischief that we are concerned with of unacceptable behaviour in closely-knit communities. For more than 40 years, I represented an industrial constituency with large housing estates. People would come to my surgeries—as they did with my noble friend Lord Harris, who was in a slightly different capacity but with the same problem—and ask: “What can we do? We have been to see the housing manager, the police and everyone we can think of and nothing happens”. Time after time, we were impotent.

Far more frequently than would be admitted, the problem was that people were not prepared to come forward and give evidence, because they had to live in that community after the event. That is the crux of it. We are dealing with a real mischief. This is a small change to what we might expect of a standard of proof before any sanctions are imposed, but there are well-hallowed precedents for doing it in this way. Provided one maintains the usual criminal standard for a breach of it, then I for one am satisfied with Amendment 19C.

[Lord Greaves]

My Lords, do the Government expect more or fewer people to be arraigned before the courts for injunctions under this new system, compared with people given ASBOs? Have they made an assessment of that? This is important because, we hope, the number of people who are given the new injunctions or who at the moment are given ASBOs, are a minority—quite a small one—of people who cause some kind of low-level anti-social behaviour in the sort of communities that the noble and learned Lord has been talking about.

Do the Government have an assessment of how the new system will affect the numbers who get to the end of the road and have one of these badges—if that is what they are—put upon them? Secondly—I thought about this while listening to the noble Lord, Lord Harris of Haringey—the fundamental thing is: what level of resources are on the ground to deal with these problems and to prevent people getting either the new injunctions or ASBOs? The harsh reality is that in many parts of the country at the moment, that resource is going down.

In my area, what people might think of as a crime and disorder partnership—we call it a community safety partnership—has been extremely successful in the towns and wards of the borough. One meeting that I try to go to each month as a ward councillor is called a PACT meeting—police and communities together. It is a group of residents who meet police and councillors in the ward each month to talk about these problems: local crime and particularly disorder and anti-social behaviour. It works. Sometimes, a handful of people turn up. Then, when something erupts in some of the streets, a lot of people turn up and it provides a focus for dealing with these problems. However, it requires the local police to have the time and resources to take part in such activity. It also requires the local authority’s anti-social behaviour staff to be there and to be prepared to get involved at the case, area and street levels. If it is in an area of social housing, it involves the social housing providers as well. Other people get involved as well.

In our part of the world, that system is being slowly withdrawn for purely financial reasons, as the police cannot afford to devote the resources to it that they have done. If the police are given a choice between relatively high-level and low-level crime, they will put more resources into high-level crime. They might also be given a choice between low-level crime and local disorder or the preventative work where the local neighbourhood teams go round to talk to people, getting to know the patch and its lads and lasses who are hanging around on the streets and might get into bother. The police might find diversionary activities for them, if they have the resources. If that is going on, the system will work, but once that is withdrawn, then all the IPNAs, ASBOs and anything else in the world will not solve the problem. The numbers will increase, because the numbers who get to that level will increase, but the problems on the ground will get worse.

Sexual Offences: Investigation and Prosecution

Lord Morris of Aberavon Excerpts

Tuesday 21st May 2013 Lords Chamber

Asked By

[Lord Morris of Aberavon]

To ask Her Majesty’s Government whether they will invite the inspectorates of the constabulary and the Crown Prosecution Service, together with the social services agencies, to conduct an inquiry into all aspects of the investigation and prosecution of large scale sexual offences.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, sexual abuse in whatever shape or form is abhorrent and we rightly expect all agencies to learn the lessons from the horrendous cases that we have seen recently. Nationally, a joint inspection programme is being planned by Her Majesty’s Crown Prosecution Service Inspectorate and the constabulary that will look at child sexual abuse and exploitation and this will address how agencies interact to protect children and ensure that offenders are brought to justice.

[Lord Morris of Aberavon]

My Lords, I welcome very much the Minister's reply. Is it collective amnesia that has blinded us to the underlying circumstances whereby at least 27 police forces are investigating 54 alleged child grooming gangs? Why has investigating and prosecuting in so many different parts of the country taken so much time? Is it a fear of racialism or is it that many of these vulnerable girls come from care homes? I hope that what the Minister has told us will result in speedier co-operation between all the agencies.

[Lord Taylor of Holbeach]

The noble and learned Lord makes a very powerful case for working together across government. I think that noble Lords will know that bodies are already in place and that we already have a very considerable focus on child protection in this country. However, there has been a failure, and a failure to recognise the reality that many of these young people have experienced. That has been exposed in recent court cases. The Government are determined that the system should work. The system needs to work to protect these very vulnerable children.

Crime and Courts Bill [HL]

Lord Morris of Aberavon Excerpts

Wednesday 12th December 2012 Lords Chamber

[Lord Morris of Aberavon]

I rise briefly in support of the masterly way in which the noble Lord, Lord Dear, has introduced and covered every aspect of this amendment. I just want to say three things. First, freedom of speech is essential. There is always a tendency for there to be well intended restrictions, and then there are unintended consequences. This is what has happened in this particular sphere.

Secondly, it is crucial that the Director of Public Prosecutions has changed his mind. I have a great respect —having been the Attorney-General and responsible for the Director of Public Prosecutions—for the experience and wisdom of the director, whoever he happens to be. In this case, he has said—and I repeat what has already been said,

“we are unable to identify a case in which the alleged behaviour leading to conviction could not properly be characterised as ‘abusive’ as well as ‘insulting’”.

He said the word “insulting” could “safely be removed”. I think we should pay regard to that opinion. The correspondence we have heard of and received describes excess of zeal by a particular officer, which has led to the distress of those who have been prosecuted. The last example given by the noble Lord, Lord Dear, concerned the causing of distress to a pair of Labradors by saying “woof woof” in the hearing of a policeman. That is true; it happened, it was prosecuted and the person was convicted and fined £50. Fortunately, that conviction was quashed on appeal. I will not go on; I think the case is proved.

[Baroness Butler-Sloss]

My Lords, like many other people, I received a large number of e-mails and letters all going one way in support of the noble Lord’s amendment. I would just like to tell the House about one letter I received. In my very untidy desk, I have lost it, but it was about a lay preacher who preaches on the street and preaches on Sundays in church. He happens to subscribe to a literal form of the Old Testament with which I do not agree, but he was preaching on his literal interpretation in the street. Someone complained to the police, and he was arrested and spent seven hours in the police station. He was placed on police bail on the order that he was not allowed to preach. If that is not an abuse of the freedom of speech, I do not know what is. I cannot understand why the Minister and the Government are not supporting this amendment.

--- Later in debate ---

[Baroness Smith of Basildon]

My Lords, it may well be. The answer is that I do not know. There has to be a proper examination of the evidence. If I was absolutely clear, and if we could be absolutely confident that this poor woman, Miss Williams, who was abused on a train, would be covered without the word “insulting”, I would move forward on this. I think that we could accept that. Until we have evidence from the Government that allows us to be absolutely clear that we are protecting people who are subject to abuse and insult—

[Lord Morris of Aberavon]

If my noble friend wants evidence, would she not take into account the views of the Director of Public Prosecutions who is in charge of all prosecutions and has reached the view that without this word there are sufficient grounds to prosecute in this kind of instance?

[Baroness Smith of Basildon]

My Lords, I would absolutely take that view on information from the Director of Public Prosecutions. However, that also has to be seen in line with the consultation that the Government have undertaken. A letter produced today does not give me confidence that we would protect those people. I do not know whether the Director of Public Prosecutions has looked at the case of Mr Braithewaite and Heather Williams, if that is what he has in mind. If the DPP could give an assurance on that case and other successful prosecutions, it would give me a lot of reassurance that we are not removing protection.

[Lord Morris of Aberavon]

My noble friend must have regard to the fact that the director is the head of the prosecution service. He is in charge of the Crown Prosecution Service. It is the CPS which takes the decision on whether a prosecution should take place. From his long experience at the Bar and in the law, I am sure that he has taken into account the views of all his colleagues in the service. Is that to be disregarded?

[Baroness Smith of Basildon]

My Lords, I am not disputing that. I am disputing that that should be taken in context with the other information. We have been waiting for almost a year for the Government’s consultation response. It is a disgrace that it has not been made available to the House. It is for the Government to justify that and not me.

--- Later in debate ---

[Lord Taylor of Holbeach]

I will urge noble Lords to reject the amendment.

[Lord Morris of Aberavon]

Would the noble Lord like to comment on the fact that the Director of Public Prosecutions has changed his mind? How do the Government respond to and answer that change of decision?

[Lord Taylor of Holbeach]

The letter is available, no doubt, from the noble Lord, Lord Dear, in full. I suggest that noble Lords read the full text of the letter, not just selective quotations.

Extradition

Lord Morris of Aberavon Excerpts

Tuesday 16th October 2012 Lords Chamber

[Baroness Browning]

My Lords—

[Lord Morris of Aberavon]

My Lords—

[Baroness Stowell of Beeston]

The only group we have not yet heard from is the Conservative group.

[Lord Taylor of Holbeach]

I thank my noble friend for raising Asperger’s and autism in general, conditions which are extremely complex and difficult. She has been prominent in bringing that to the attention of Parliament. I am only too grateful to take her advice and recommendation, and to pass that on to colleagues in the Ministry of Justice.

[Lord Morris of Aberavon]

I welcome the reduced involvement of the Home Secretary in human rights cases and in the kind of case with which we are dealing. It is usually a sound step, and the perception as well as the reality of political involvement is reduced. Hence, I welcome it. However, will the Minister indicate what is meant by a significant reduction in “delays in certain cases” by transferring these matters from the Minister to the courts?

[Lord Taylor of Holbeach]

I thank the noble and learned Lord for that question. It is quite overt that in a number of instances, there have been considerable delays. The main thrust of our changes will be to try to expedite the legal process. The process will be speeded up by retaining cases within the legal system and not bringing them back into the political system. I hope that I have been able to answer him.

Abu Qatada

Lord Morris of Aberavon Excerpts

Tuesday 7th February 2012 Lords Chamber

[Lord Henley]

My Lords, under no circumstances do we want to make use or encourage the use of evidence that has been obtained by torture. In that, I would agree with my noble friend. All I can say on the memorandum of understanding with the Jordanian Government is that we will continue to discuss this matter with the Jordanian authorities so that we can ensure that we can get the deportation of Qatada, but get it in such a manner that any trial he faces there will be compliant with Article 6, which is what we are seeking to do. We thought that that was what our courts—I think it was the House of Lords before the creation of the Supreme Court—had said was the case. For some reason known only to the European Court of Human Rights—but, then, one always has strange views about it—that court did not agree with us on this occasion.

[Lord Morris of Aberavon]

My Lords, I am sure that the whole House will agree that public safety must be paramount, and I am confident that Her Majesty's Government are doing their utmost in this situation. Did I understand from the Minister’s Statement that something was being done to avoid this kind of situation in the future? On appeals, did he indicate that we could appeal to the Grand Chamber? Would that be evidence-based, and would every ounce of effort be made to ensure that there is such evidence? Do I presume correctly that there is no appeal from the granting of bail?

Crime: Media Reporting

Lord Morris of Aberavon Excerpts

Tuesday 8th February 2011 Lords Chamber

[Lord Borrie]

My Lords—

[Lord Morris of Aberavon]

My Lords—

[Lord Lloyd of Berwick]

My Lords—

--- Later in debate ---

[Baroness Neville-Jones]

Yes, my Lords. I think that the police would agree that they need to be scrupulous in applying the guidance that they have in such cases. Indeed, they should apply it in relation to a person who has been detained by them but not charged. They should take care not to impugn that person’s reputation.

[Lord Morris of Aberavon]

My Lords, while the press are usually economical in the reporting of an arrested person, would I be right in surmising that the Attorney-General would have expressed some anxieties about the extent of the reports on the arrests in the Bristol case? As Attorney-General, I sometimes had to refer to the courts cases about which I was anxious. I did so not always successfully, as it was not easy to judge where the line had been crossed. In discussions between the Attorney-General and the press, would there be any merit in revisiting the boundary lines of what is fair reporting without prejudicing an arrested person?

[Baroness Neville-Jones]

My Lords, the Attorney-General will obviously take his remit extremely seriously. I do not know whether he will choose that route; the view has certainly been expressed, so I have no doubt that he will take notice of it. I can assure the House that the Attorney-General is quite clear that he needs to examine this issue seriously, because it has considerable ramifications.