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Criminal Evidence (Witness Anonymity) Bill

My Lords, I certainly hear what the noble Lord says. We have found it incredibly helpful that the whole process adopted in relation to this Bill has been consensual, helpful and collaborative. We hope that that same process continues as we seek together to try to craft something that will be fit for purpose and inure to the benefit of justice. The comments of all noble Lords today have been listened to and consideration has been given to them. I cannot say to the noble Lord that we will produce a code of practice, but we will certainly look at that suggestion. I hope that I can reassure the noble Lord, Lord Thomas of Gresford. The court is required in Clause 4(2) to be satisfied that Conditions A, B and C are met and that the judge is not reaching a conclusion on guilt or innocence where a criminal standard of beyond reasonable doubt would be an appropriate test. The judge needs to be satisfied that the conditions are met. If the court is not so satisfied, the order cannot be made. That is an important safeguard. I know that the noble Lord, Lord Kingsland, is unhappy about the power to extend the sunset date of 31 December 2009. I assure him that we have every intention of subsuming the provisions of this Bill into the Law Reform, Victims and Witnesses Bill. We would expect that Bill to be enacted by the end of the 2008-09 Session, but we have no crystal ball. An unexpected turn of events may arise that prevents the fourth Session Bill from being enacted by this deadline—I hesitate to say that it may be more in your Lordships’ hands than in those of the Government. We must therefore provide a backstop that enables the sunset date to be extended. I understand why noble Lords opposite insist on a precise date, but certain consequences flow with it.