Clause 16 - Drug users: restrictions on bail
Criminal Justice Bill
10:00 am
Mr Simon Hughes (North Southwark and Bermondsey, Liberal Democrat)
I understand the Minister's argument, but I do not accept it. That is the difference between socialists and liberals. It is fundamental. The Minister argues that it is for the good of society that the state should be able to curtail a person's liberty for a particular category of crime. I start from the presumption that all citizens have the right to liberty, and that it can be taken away only if it is perceived as being fair throughout society, done in a way that is equal and justified and done only in exceptional circumstances and with the most careful caveats.
I accept that the amendments tabled by the hon. Member for Beaconsfield would be better, because they avoid one of the problems of my amendment. I will be happy not to press my amendment to a vote, but I shall be reassured to think that when the time comes—a little later in our deliberations when the amendments fall to be debated—he will press his amendment to a Division, because I would support it. If the clause is not amended, at least as he proposes, I will not be able to vote for it; it has not been and could not be justified as grounds for changing the presumption.
The hon. Gentleman has offered the Committee a way that does not appear to take away the right of the court to decide that bail should be withheld if there is a significant risk of an offence being committed. It also deals with the point made by the hon. Member for Wellingborough (Mr. Stinchcombe) on the weakness of my amendment, which I accept. None the less, it sustains my argument about presumption.