Lord Lucas: Surely we are seeking the production of a record here? That is the crucial element. An authorisation should be recorded so that later it can be audited, as the Minister pointed out. If I scribble an authorisation enabling someone to do something on a piece of tissue paper and that person then proceeds to eat it, a record will not have been produced. (...)
Lord Bach: The noble Lord's amendments would allow notices to be given in writing or by electronic means since the Bill already requires that authorisations or notices must be given in a manner which produces a record of their having been granted. We cannot think of any other way presently available by which notices or authorisations could be produced. (...)
Lord Lucas: What we are asking for here is that a record is made... As I said a moment ago, I could write down the authorisation on rice paper only to have it eaten or lost in a file. No requirement is in place to produce a record if the authorisation is granted in writing. (...)
Lord Bach: Obviously, the fact that an authorisation is written ensures that a record is made. What is done with the record is properly a matter for the code of practice. I think that is the best I can do on this point at this hour of night.
