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Criminal Evidence (Witness Anonymity) Bill

I support my noble and learned friend. I have one point of principle and one of practicality. The point of principle is that we should look very closely at any proposal in emergency legislation to abolish any common law rule whatsoever, especially one that has persisted, as my noble and learned friend has reminded us, over many centuries and to great effect. The amendment proposes to leave out ““abolished”” and insert that the common law rules, "““are to be interpreted in accordance with the provisions of this Act””." That says all that is necessary. Clause 5(2)(a) asserts, "““the general right of a defendant in criminal proceedings to know the identity of a witness in those proceedings””—" not ““a”” general right, but ““the”” general right. Such a general right derives only from the common law rules. If we are going to have in one clause the abolition of the common law rules and in another clause an assertion of their persistence, the result is a legislative and drafting muddle. I support my noble and learned friend and I hope the Government will too.