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Criminal Evidence (Witness Anonymity) Bill

moved Amendment No. 9: 9: After Clause 5, insert the following new Clause— ““Independent counsel (1) For the purposes of considering an application for a witness anonymity order, the court may appoint an independent counsel to assist the court. (2) The court may direct the independent counsel to scrutinise on the court’s behalf any relevant matter the court thinks fit, and to carry out any instruction the court thinks fit. (3) The party applying for the witness anonymity order must disclose to the independent counsel all information relating to the proceedings that is in that party’s possession. (4) The independent counsel shall have power to require police officers unconnected with the relevant trial to investigate and to report to him whether there are any matters relevant to the considerations set out in section 5(2)(d) and (e) which should be drawn to the attention of the court. (5) The independent counsel shall be entitled to examine witnesses and to assist the court in its consideration of Conditions A to C in section 4.”” The noble Lord said: Everything that can be said already has been said on this. Perhaps I may add that the New Zealand legislature would understand the meaning of the term ““kick and rush””, not least because our parliamentary team defeated the New Zealand parliamentary team on two occasions. I am proud to say that I refereed one of those games. It might also be known in Merthyr Tydfil and Pontypool. However, we are not happy to succumb to kick-and-rush legislation and we do not propose to set aside our right to move amendments as and when we think fit and to divide the House. I beg to move. On Question, Whether the said amendment (No. 9) shall be agreed to? Their Lordships divided: Contents, 71; Not-Contents, 150. Clauses 6 to 8 agreed to.