In the supplementary ECHR memorandum published by the Government, it is noted that an individual affected by this amendment “would still be able to rely on Article 2 or 3 rights, if they faced a real risk of persecution, but their claim for refugee status would not be accepted.”199 The Government also notes in its supplementary ECHR memorandum that this provision is likely to engage the right to respect for private and family life (Article 8 ECHR), but that this measure is “necessary in interests of the public”, and will be “exercised proportionately”, given that, according to the Government, individuals will be able to “argue against the presumptions made by the state regarding the seriousness of their offence, and the danger that they pose to the community.”41