Part of Sexual Offences Bill [Lords] – in a Public Bill Committee am 3:30 pm ar 9 Medi 2003.
I think, on reflection, that the hon. and learned Lady is right; it would be a judicial decision during the course of the trial and the jury might or might not be sent out when there is legal argument on such a point. On the basis of keeping everything in life simple, the hon. and learned Lady may agree with me that if we can keep matters simple, especially the process of summing up to juries, that would be a good thing.
The Minister dealt with my arguments about my amendment before I made them. That was kind of her. Not having heard them, she did so very well. Indeed, she probably dealt with my arguments better than she would have done had she heard them. There can be situations in which there is not just force, but threats of force. For example, let us consider serious economic threats between a divorced husband and wife, such as, ''I won't pay the school fees—unless'' or, ''I won't pay your mortgage or your rent unless you do what I want you to do.'' In many ways, such threats are worse than a punch in the teeth. Not only have they an impact on the person who is threatened with the economic problem, but they can have a nasty impact on the loved ones—the children—of the person who is being threatened.
My amendment is a further example of when such a presumption might exist, which would fit in reasonably neatly with the Bill. I drafted the amendment to illustrate that sometimes lists are not exhaustive. It was not for any other purpose. Indeed, when the list came to us from the other place, it could not have been complete given that the Government have found another presumption to add to the existing lot that are before us. I was uncertain until towards the end of
the debate whether alcohol was included in the Government's amendment because there was some discussion in the Home Affairs Committee about alcohol and getting a person drunk. The Minister has pointed out that such matters would apply to alcohol when laced drinks were involved, which is a more heinous action than simply giving someone a lot of drink.
I shall say no more about the matter. I thank the Minister for her response. We never wanted to press the amendment to a Division. I drafted it originally on the basis that lists are not always exhaustive. There may have been reasons to add to the list that emerged from the House of Lords. Indeed, I was absolutely right in that respect. It is just that the Government, when adding to the list, did not add what I said, but what they said. That proved that I was entirely right in principle, but slightly wrong in detail.