Lord Keen of Elie (Con)

I am obliged to noble Lords for their contributions to this debate. I make a number of observations. First, I sympathise with the observations made by the noble Baroness, Lady Kennedy, about the conduct of those she identifies as criminal landlords. But before someone should be stigmatised and identified as a criminal, they should be guilty of an offence that leads to them being stigmatised as a criminal. That should not be done on a balance of probabilities. The relevant standard of proof in regard to criminality is “beyond reasonable doubt”. Indeed, where there is uncertainty about whether conduct is civil or criminal—a point brought up by the noble Lord, Lord Cromwell—it is important to ensure either that you can make that clear distinction, or that you understand that the relevant standard of proof must be that which is fair to both parties. I have to disagree with the noble Baroness, Lady Thornhill, when she suggests that, where it is difficult to prove a case, you should reduce the burden of proof. The consequences of that, if developed, are very wide-ranging indeed. We know that there are many areas of criminal prosecution where it is extremely difficult to secure a conviction, but no one would suggest that it is appropriate in these circumstances simply to reduce the burden of proof.