Right. How to approach that one? In the 2007 review to which we've referred already, the Government, the then Government, set out its position that it believes that section 58, in the way that it was drafted, is compliant with the European convention. There are various parties who would disagree with that, but that was the then Government's position. If Wales implements this legislation and it becomes part of the law, then, arguably, Wales would be more in compliance with ECHR than not, and England would be less so. But nonetheless, at present, I haven't seen any demurral from the position that was expressed in 2007, which is that they consider that the position that's been adopted with section 58 is compliant with the legislation. It may well be tested by case law; that's the way it's likely to happen. Some of the changes in this arena were driven by case law—so, that case I referred to, Regina v H, which was heard back in 2001 in the Court of Appeal, was significant in helping shape the direction of travel towards section 58.
And that case law not necessarily would have to happen within the UK—that case law could come from other countries within the European Union.
It could, but I would be a foolish man if I were to say what impact European jurisprudence might have upon us. [Laughter.]
[Inaudible.]—like common law jurisdictions would be.