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Criminal Evidence (Witness Anonymity) Bill

Before the noble and learned Baroness replies, may I add that the solution put forward at the moment about special counsel is that the court has the power to do that now; the noble and learned Baroness referred to the particular case. A judge in one case may appoint a special counsel to do one thing and in another may appoint special counsel under this common law provision to do something else. There is no guidance or certainty as to the role of the special counsel, if appointed under the common law power. Surely, as my noble friend says, certainty is the important thing. The judge who is trying the case should know what are the circumstances in which it is appropriate and what are the bounds of the duties that he is to lay on counsel. I know that we shall come to this later, but it is so much a part of everything, as the noble Lord, Lord Kingsland, said.