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Criminal Evidence (Witness Anonymity) Bill

moved Amendment No. 4D: 4D: Clause 4, page 2, line 36, leave out ““C”” and insert ““D”” The noble Lord said: I shall speak also to the other amendments in this line. The operative amendment in it is Amendment No. 6A. Amendments Nos. 4D, 7D and 8B are consequential upon it. The amendment would add a further condition, D, to the conditions for making an order for anonymity set out in Clause 4. Your Lordships will recall that condition A refers to making an order for anonymity only if it is necessary to protect the safety of the witness or to prevent real harm to the public interest. Condition B is that, "““having regard to all the circumstances, the taking of those measures””—" the anonymity measures— "““would be consistent with the defendant receiving a fair trial””." Condition C is that, "““it is necessary to make the order in the interests of justice””." Clause 5 has the heading ““Relevant considerations”” and states that when the judge is, "““deciding whether Conditions A to C in section 4 are met in the case of an application for a witness anonymity order, the court must have regard to””," certain considerations, which are, "““the considerations mentioned in subsection (2) below, and … such other matters as the court considers relevant””." If noble Lords run their eyes down Clause 5(2)(e), they will see, in effect, the text for my Amendment No. 6A. I am seeking to take paragraph (e) out of Clause 5 and promote it to Clause 4—and my reason for doing so is by now, I think, very obvious. If the court has, "““reason to believe that the witness … has a tendency to be dishonest, or … has any motive to be dishonest in the circumstances of the case, having regard””," to certain factors, that should be that. It should be one of the conditions that is required to be met before an order for anonymity is granted. I do not think that I need to add anything to what I have said. I beg to move.