Member

I turn to the only other argument the Government made against the amendment passed by your Lordships’ House. The Minister in another place raised the prospect that the clause may infringe Article 8 of the ECHR. There were specific concerns about any possible infringement or a lack of specificity in data collection requirements, the absence of safeguards and oversight, and the potential for inconsistent implementation. In summary, the Government decided that they could not make a statement of compatibility with the ECHR and dismissed the clause, without trying to address these points by drafting an amendment which is compliant. That is certainly still possible.