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 appreciate the general point that the hon. Gentleman makes in that there is some danger in hasty legislation. We have said, and will say again later, that the Bill will be a stopgap. There is to be a sunset clause, as I have said, and we will consider amendments to include it in the Bill later. My right hon. Friend the Lord Chancellor has made it clear that further legislation will be introduced next Session—the law reform, victims and witnesses Bill—that will subsume the contents of this Bill and enable full parliamentary scrutiny. At the same time, we will have cover for the urgent problems caused by the sudden arrival of the judgment in Davis. The amendments tabled by the right hon. and learned Member for Sleaford and North Hykeham (Mr. Hogg) have not been selected, but I know the substance of what he suggests—and he will no doubt make his own contribution later. He suggests that we should take the summer recess to consider the issues raised by the Davis judgment in more detail and not take the Lords stages of the Bill until the spill-over in the autumn. I fully understand his concern about the undesirability of hasty legislation, as I have already said, and about the timetable motion we are considering, but I cannot commend such a delay to the House as it would cause added distress and worry to many vulnerable and intimidated victims and witnesses, and undermine confidence in the criminal justice system generally, which none of us would be happy to see. Such confidence is vital if justice is to be done and the guilty brought to book. The right hon. and learned Gentleman says that courts should adjourn these cases for four months, while we take the time to consider more fully, and ask the Law Commission and other experts for their views. But many victims of serious violent offences, or their relatives, or intimidated witnesses looking forward to the day when the trauma of giving evidence is behind them, would not agree that four months is a short delay. They would want the trial completed as soon as possible. What of a defendant remanded in custody? He, too, would want justice to be done with appropriate speed. While it may be true that if found guilty he will get credit for the time that he has spent inside, not all those tried are found guilty. Therefore, in some circumstances, people could be locked up for longer than necessary, even if they are not found guilty. Moreover, such a delay would leave the whole issue of anonymous evidence in legal limbo. That is not a sensible or acceptable way, in my judgment, to proceed. We have, I believe, a sensible way forward that will meet the concerns of the right hon. and learned Member for Sleaford and North Hykeham about the speed with which the timetable motion seeks to take the Bill through all its stages. As I have mentioned, my right hon. Friend the Lord Chancellor has given a firm undertaking that he will repeal and subsume the provisions of the Bill into next Session's law reform, victims and witnesses Bill. That will allow further and fuller debate of these important provisions, but with the cover of the arrangements in this Bill to prevent the mischief of courts having no power to grant anonymity to witnesses in the intervening period. I hope that I have explained the urgency that we face today.
Secondary information
- Type
- Proceeding contribution
- Reference
- 478 c1289-90
- 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
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