Member

I agree with the caveat that proposed new subsection (3)(d) would introduce in Amendment 362. Ensuring that an action required or permitted by a law or an authority is not illegal is sensible. Proposed new subsection (3)(c), however, is perhaps too vague. I understand why my noble friend believes it to be a sensible measure, as access to, for example, a friend’s computer without explicit consent might not always warrant a charge being brought forward. I would be interested to hear whether my noble friend has the data on the number of offences that have fallen into this category. In general, however, introducing a condition into an Act must always be done cautiously. It often requires more evidence and therefore more court time to prove an offence, and I am not sure that our courts are in the right state for that currently. Without the information to hand, I cannot support the measure.