Clause 27
Counter-Terrorism Bill
2:15 pm
Douglas Hogg (Sleaford and North Hykeham, Conservative)
I have only two observations. First, may I say to my hon. and learned Friend that although I recognise and share his dislike for the process of amending statutes by order, I very much prefer the affirmative to the negative procedure? He is entirely right that an order made under either is unamendable, and that is the great vice of using the procedure.
My second observation reinforced the point that my hon. and learned Friend made with regard to subsection (6). There is actually quite a significant point of principle here. He has mentioned retrospection, and of course it is entirely right that persons should not be subject to different sentences dependent on a law being applied retrospectively. That also applies to jurisdiction, because it is rather hard to say that a person can be tried in a jurisdiction that they could not be tried in unless the law was made retrospective. That will probably not happen in reality, because those classes of case will disappear with the passage of time, but there is an issue of principle here, and I have a strong degree of sympathy with my hon. and learned Friend’s point