Clause 21 - Scope of emergency regulations
Civil Contingencies Bill
5:30 pm
Mr Alistair Carmichael (Shadow Minister (Northern Ireland), Northern Ireland Affairs; Orkney and Shetland, Liberal Democrat)
The Under-Secretary is testing me. It is a long time since I have had to consider such matters. I do not think that knowingly is as high a test as she suggests. It is certainly not as high as the test of being possessed of full mens rea. In order to be possessed of mens rea, there has to be something more than mere knowledge: there has to be some evil intent. ''Knowingly'' pitches it as a sensible level. It is better than strict liability. Someone who is acting wilfully or recklessly would still be deemed to be acting knowingly. The two tests are not necessarily exclusive. Then there is the question of lawful excuse, and the defences that would be available in any event.
The hour is late, Sir John, and I fear that we will not do justice to those questions now. We may wish to revisit the subject on another day—perhaps when there is a little more daylight. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Further consideration adjourned.—[Ms Bridget Prentice.]
Adjourned accordingly at twenty-eight minutes to Six o'clock till Tuesday 10 February at half-past Nine o'clock.