Proceeding contribution from David Howarth (Liberal Democrat) 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, too, accept the need for speed in this situation. A large number of cases pending, or recent cases pending appeal, were decided on the basis of the law as it was believed to be before the Davis decision. In addition to the factors that the Minister mentioned, there is the fact that custody time limits might well run out while a resolution of the legal position is awaited. I would not want a lot of defendants to find themselves with a presumption in favour of bail because we had acted too slowly. It is reasonable to say that if we fail to act swiftly, a lot of people might be released who should not be. Additionally, as the Minister said, the House of Lords invited Parliament to act quickly on the Davis case, and that is what we are doing. Members of all parties agree that there should be some rules; it is simply a question of deciding what those rules should be, and there is a good deal of urgency to that. However, I accept that there are grave dangers in legislating too quickly. Knee-jerk legislation is one of British politics' besetting sins, especially in the area of criminal justice. The Dangerous Dogs Act 1991 and the Prevention of Terrorism Act 2005 are just two examples, although the original Official Secrets Act 1911, passed by the last Liberal Government, was also far too quick. Slow politics, rather like slow food, tends to be healthier and more productive. The hon. and learned Member for Harborough (Mr. Garnier) asked one question that I hope the Government will answer at some point. I hear what other hon. Members have said about this Bill being an opportunity for other parties, but the Government seem to have been taken by surprise by the Davis decision. Various legal practitioners thought that there was at least some possibility that the decision would be as it was, so I am surprised that the Government have been in such a rush to get legislation in place. Given that we are where we are, however, we have to act quickly. Because of the two factors that the Minister mentioned, I am far less inclined than I would otherwise have been to oppose this rather brutal allocation of time motion. The first factor is the promise that the entire debate will be rerun quite soon in the forthcoming law reform, victims and witnesses Bill, although I hope that the Government will be able to tell the House when that Bill will be introduced. Will it be early in the next Session's legislative programme, or late? I would be more reassured if I knew at least approximately when that would happen.
Secondary information
- Type
- Proceeding contribution
- Reference
- 478 c1292-3
- 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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