---

Criminal Evidence (Witness Anonymity) Bill

My Lords, I reassure the noble Lord, Lord Lester, that the date of 31 December has done just that, but the amendment tabled by Nick Herbert in the Commons also provided for the sunset date to be extended. It seemed therefore to be wanted by others and not just the Government. I draw to the attention of the noble Lord, Lord Kingsland—it is terrible knowing noble Lords’ first names, because one is always tempted to use them—a further comment made by the noble and learned Lord, Lord Steyn, in the case Re A (No 2) in 2002. The noble and learned Lord very much endorsed comments made by other noble Lords when he made it clear that it was well established that the right to a fair trial in Article 6 was absolute in the sense that a conviction obtained in breach of it cannot stand but that the only balancing permitted is in respect of what the concept of a fair trial entails. Account can be taken of the familiar triangulation of interests of the accused, the victim and society. In that context, proportionality has a role to play. I know that all noble Lords agree that we want a fair trial for all defendants, but we know that certain defendants want an unfair trial, where the witnesses who are able to give evidence fairly against them are prevented from doing so. We have to make sure that it is a fair trial not only for the defendant but also for the victim and that it is fair in taking into consideration the witnesses’ fair and proper needs. I thank all Members of the House who have helped the Government so hugely in making sure that this emergency legislation is the best that we could make it. On Question, Bill read a second time, and committed to a Committee of the Whole House.