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Proceeding contribution from Maria Eagle (Labour) in the House of Commons on Tuesday, 8 July 2008. It occurred during Debate on bill and Committee of the Whole House (HC) on Criminal Evidence (Witness Anonymity) Bill.


Criminal Evidence (Witness Anonymity) Bill

I beg to move, That the following provisions shall apply to the Criminal Evidence (Witness Anonymity) Bill:"Timetable ""1.–(1) Proceedings on Second Reading, in Committee, on consideration and on Third Reading shall be completed at this day's sitting in accordance with the following provisions of this paragraph.""(2) Proceedings on Second Reading shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings on the Motion for this Order.""(3) Proceedings in Committee, on consideration and on Third Reading shall (so far as not previously concluded) be brought to a conclusion six hours after the commencement of proceedings on the Motion for this Order.""Timing of proceedings and Questions to be put ""2. When the Bill has been read a second time—""(a) it shall (notwithstanding Standing Order No. 63 (Committal of bills not subject to a programme order)) stand committed to a Committee of the whole House without any Question being put; and""(b) the Speaker shall leave the Chair whether or not notice of an Instruction has been given.""3.–(1) On the conclusion of proceedings in Committee, the Chairman shall report the Bill to the House without putting any Question.""(2) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.""4. For the purpose of bringing any proceedings to a conclusion in accordance with paragraph 1, the Chairman or Speaker shall forthwith put the following Questions (but no others)—""(a) any Question already proposed from the Chair;""(b) any Question necessary to bring to a decision a Question so proposed;""(c) the Question on any amendment moved or Motion made by a Minister of the Crown;""(d) any other Question necessary for the disposal of the business to be concluded.""5. On a Motion so made for a new Clause or a new Schedule, the Chairman or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.""6. If two or more Questions would fall to be put under paragraph 4(d) in relation to successive provisions of the Bill, the Chairman shall instead put a single Question in relation to those provisions.""Consideration of Lords Amendments ""7.–(1) Any Lords Amendments to the Bill shall be considered forthwith without any Question being put.""(2) Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.""8.–(1) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph 7.""(2) The Speaker shall first put forthwith any Question already proposed from the Chair and not yet decided.""(3) If that Question is for the amendment of a Lords Amendment the Speaker shall then put forthwith—""(a) a single Question on any further Amendments to the Lords Amendment moved by a Minister of the Crown, and""(b) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees to the Lords Amendment or (as the case may be) to the Lords Amendment as amended.""(4) The Speaker shall then put forthwith—""(a) a single Question on any Amendments moved by a Minister of the Crown to a Lords Amendment, and""(b) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees to the Lords Amendment or (as the case may be) to the Lords Amendment as amended.""(5) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown that this House disagrees to a Lords Amendment.""(6) The Speaker shall then put forthwith the Question that this House agrees to all the remaining Lords Amendments.""(7) As soon as the House has—""(a) agreed or disagreed to a Lords Amendment, or""(b) disposed of an Amendment relevant to a Lords Amendment which has been disagreed to, the Speaker shall put forthwith a single Question on any Amendments moved by a Minister of the Crown and relevant to the Lords Amendment.""Subsequent stages ""9.–(1) Any further Message from the Lords on the Bill shall be considered forthwith without any Question being put.""(2) Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.""10.–(1) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph 9.""(2) The Speaker shall first put forthwith any Question which has been proposed from the Chair and not yet decided.""(3) The Speaker shall then put forthwith the Question on any Motion made by a Minister for the Crown which is related to the Question already proposed from the Chair.""(4) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown on or relevant to any of the remaining items in the Lords Message.""(5) The Speaker shall then put forthwith the Question that this House agrees with the Lords in all the remaining Lords Proposals.""Reasons Committee ""11.–(1) The Speaker shall put forthwith the Question on any Motion made by a Minister for the Crown for the appointment, nomination and quorum of a Committee to draw up Reasons and the appointment of its Chairman.""(2) A Committee appointed to draw up Reasons shall report before the conclusion of the sitting at which it is appointed.""(3) Proceedings in the Committee shall (so far as not previously concluded) be brought to a conclusion 30 minutes after their commencement.""(4) For the purpose of bringing any proceedings to a conclusion in accordance with sub-paragraph (3), the Chairman shall—""(a) first put forthwith any Question which has been proposed from the Chair but not yet decided, and""(b) then put forthwith successively Questions on motions which may be made by a Minister of the Crown for assigning a Reason for disagreeing with the Lords in any of their Amendments.""(5) The proceedings of the Committee shall be reported without any further Question being put.""Miscellaneous ""12. Paragraph (1) of Standing Order No. 15 (Exempted business) shall apply so far as necessary for the purposes of this Order.""13.–(1) The proceedings on any Motion made by a Minister of the Crown for varying or supplementing the provisions of this Order shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.""(2) Paragraph (1) of Standing Order No. 15 (Exempted business) shall apply to those proceedings.""14. Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.""15.–(1) No Motion shall be made, except by a Minister of the Crown, to alter the order in which any proceedings on the Bill are taken or to recommit the Bill.""(2) The Question on any such Motion shall be put forthwith.""16.–(1) No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown.""(2) The Question on any such Motion shall be put forthwith.""17. The Speaker may not arrange for a debate to be held in accordance with Standing Order No. 24 (Emergency debates)—""(a) at this day's sitting, or""(b) at any sitting at which Lords Amendments to the Bill are, or any further Message from the Lords is, to be considered,""before the conclusion of any proceedings to which this Order applies.""18.–(1) Sub-paragraph (2) applies if the House is adjourned, or the sitting is suspended, before the conclusion of any proceedings to which this Order applies.""(2) No notice shall be required of a Motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of this Order.""19. Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House." The motion provides for all the stages of this Bill to be taken today. It provides for six hours of debate in two segments: the first three hours for the debate on this motion and on Second Reading, and the second three-hour segment for Committee, Report and Third Reading. I would be the first to acknowledge that six hours to debate the important issues addressed in this Bill is less than ideal, and it would certainly be undesirable if the emergency legislation today were not to be superseded by a Bill in the next Session allowing much fuller parliamentary scrutiny. However, I would like to explain briefly why we need to press ahead at such speed. Following the decision by their lordships in the case of Davis, there is a broad consensus—indeed, we saw it at the time of the statement to the House by my right hon. Friend the Secretary of State for Justice and Lord Chancellor following that judgment—that we need to legislate urgently to restore the power of the courts to make witness anonymity orders in appropriate cases. That is widely accepted by Front Benchers in both Houses, by outside commentators and experts of various kinds, and by the Law Lords themselves. They, in the leading judgment by Lord Bingham, said that urgent legislation may be appropriate. I accept that not everybody would think that, but there is a broad range of people who do. Failure to act quickly could lead to a significant number of ongoing and pending trials having to be abandoned and, potentially, to a large number of appeals against convictions secured, to a greater or lesser extent, on the basis of evidence provided by anonymous witnesses. That is the basis of the need for urgency and the reason the timetable motion is as it is today.


Secondary information

Type
Proceeding contribution
Reference
478 c1286-8 
Session
2007-08
Chamber / Committee
House of Commons chamber
Subjects
Disclosure of information Admissibility of evidence Criminal proceedings Appeals Crime Common law Evidence Human rights European Convention on Human Rights House of Lords Intimidation Judgements Protection Sentencing Witnesses Trials Sunset clauses
Legislation
Criminal Evidence (Witness Anonymity) Bill 2007-08
Link
View this Proceeding contribution on www.publications.parliament.uk