Clause 20
Justice and Security (Northern Ireland) Bill
10:00 am
Paul Goggins (Parliamentary Under-Secretary, Northern Ireland Office; Wythenshawe and Sale East, Labour)
It is always an interesting stage in Committee when we start debating the difference between words like “reasonable” and “necessary”. However, the hon. Gentleman makes an important point. For the understanding of the court, “necessary” has a better and clearer meaning than “reasonable”. “Reasonable” would cast the mind over a wider range of circumstances, and the important point is that the provision takes into account the mind of the officer when they make their decision to carry out their actions. Their mind cannot lack certainty or clarity when they make that decision. If they were to make a decision that turns out to have been unnecessary, it would be discovered in due course and they would have to face up to the consequences. “Necessary” is clearer in law than “reasonable”, and we want to provide for certainty in such circumstances.