Lord Hanson of Flint (Lab)

I accept that. As I have said, the “We’ve always done it this way” test has been put to me. I am saying to my noble friend that there are valid points that potentially need examination, but I do not believe that legislating to tie the Government’s hands on this issue is the way forward. I say to my noble friend and the noble Lord, Lord Marks, that there is a discussion to be had about how future proscriptions are brought forward, and we intend to reflect on those points. Amendment 422DA in the name of the noble Lord, Lord Blencathra, aims to prevent any challenges in court on these matters. The noble Lord, Lord Pannick, summed up the Government’s objection, and I support what he said. The noble Lord, Lord Anderson of Ipswich, re-emphasised those points, and I do not wish to add to what he said. As the noble Lord, Lord Blencathra, might expect me to say, I cannot comment on an existing, live, legal examination of the Government’s reasons for that proscription. Irrespective of that, the amendment in the noble Lord’s name would remove all avenues of challenge, including those currently available under the Act. I do not believe that the Home Secretary should have unrivalled powers, even though, in this case, there is an ongoing court case, so I cannot accept the noble Lord’s amendment. Amendment 422 aims to ensure that individuals can be arrested and convicted for active conduct before a group is deproscribed. Again, the position is clear: even after a group is deproscribed, individuals can be arrested and convicted for conduct that occurred while the group was proscribed. There is no automatic remedy for criminal convictions if an organisation is deproscribed.