Mr. Dale Sunderland:

The legislation provides a lawful basis but in accordance with EU law and legal precedent it has to be established that the legislation is both proportionate and necessary. If rights are being restricted, it has to be demonstrated that the appropriate balancing has been carried out. It is not simply a matter of stating that the legislation provides for it and, therefore, it de factomeets all the requirements. That analysis has to be done before the legislation is enacted. That flows from EU legal principles.