I would agree with that. For Ms. May's position to make any sense, the proposed subsection would have to say that “courts shall include the following evidence”, and list it. Then her argument would make sense. But when you make a non-exhaustive list—her point actually—no judge would look at that and say, “Because it's not enumerated here, I can't consider it”.
On June 12th, 2013. See this statement in context.