The approach taken in the Bill is consistent with the current law. Opinion is different from fact. The courts recognise that. The Bill relies on that jurisprudence. And it has been made clear by the Government that the definition of fact in the Bill will not include opinion, and will be restated during the debate in Parliament.
Mr Singh and the three NMPs suggest that the Bill recognise the need for proportionality, in respect of directions to be issued under the Bill. As Mr Omar points out, the Bill already builds in the concept of proportionality. Mr Omar has suggested that these be in subsidiary legislation, while the NMPs want some reference to this point , in the Bill itself. The Government agrees with this point, in principle, and has said that it will set this out in legislation. The usual approach is to have these matters set out in subsidiary legislation.
The NMPs have proposed some amendments to the Bill, based on their suggestions. As will be seen from the above, in principle, there is no substantial disagreement on their proposals - between what they have set out , what the Bill provides, and what the Government intends to prescribe further. There may be differences as to what level of detail should be prescribed in legislation, and what should be in primary legislation as opposed to subsidiary legislation.
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