Member

That is an answer to the point from the noble Baroness, Lady Falkner. If the defence stands, then it is a defence to the charges under Section 12 or Section 13. If the defence does not stand and their action was directed to encouraging, inciting, facilitating or enabling another to commit an act of terrorism, then they have committed the offence and will not have the defence. That is why I say that the noble Viscount’s amendments are simple and elegant: they allow a court to determine what the purpose was of any individual act.