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Criminal Justice and Immigration Bill

My Lords, what the right honourable gentleman Mr Jack Straw did not say to the Labour Party conference last September was that he was going to bring forward in the Bill a clause to codify the law of self-defence. In a pre-election splurge, he implied that the law of self-defence would be altered so as to gain what he thought would be popular support from the red tops for making it easier for a householder to shoot people. We do not believe that there should be a distinction drawn between defendants depending on their particular position. As has already been said by many noble Lords in the previous debate, we think that it is quite open to a jury to take into account the particular frightening circumstances of having a burglar in the house. As the clause is now, even as improved by the amendment following my previous criticisms, it is useless. It does not do anything except to repeat the common law. As I said earlier, it does so in a piecemeal way. Only this aspect is attacked or dealt with, whereas many other aspects surrounding this area of violence to the person, particularly in relation to the law of murder and manslaughter, are not dealt with by the Government. They are subject to discussions. We are having discussions in a few days’ time on how these matters should be advanced with the Minister from the House of Commons, Maria Eagle, who has been put in charge of it. If there are to be substantial changes to self-defence in any way, they should run alongside changes to the law of homicide and, possibly, to other crimes of violence. If we are unable to come to any firm conclusion in our discussions with Ministers, it should go to the Law Commission, as the noble Lord suggested in our previous debate, for a proper and thorough discussion and the production of a draft Bill. I am happy to tell your Lordships that the noble and learned Lord, Lord Mayhew, referred to the reports of the Law Commission gathering dust on a shelf somewhere, presumably now shifted to another dusty shelf in the Ministry of Justice. But there are ongoing discussions as to how Law Commission Bills can be brought forward under a simplified procedure, so that it would be possible to put its recommendations into effect in a proper and considered way, and in a short time. There are two reasons why we should get rid of this clause. First, it does not do anything. Secondly, it would inhibit any further discussion that is already ongoing as to this part of a much wider subject. It is premature and unnecessary. On the amendment in my name and that of the noble and learned Lord, Lord Lloyd, I shall be asking the opinion of the House.