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Criminal Evidence (Witness Anonymity) Bill

If that is the case, there is no problem. I do not see any significant difficulty with clause 3(2), for the reasons that I have given. I certainly agree with the hon. Gentleman's more important point that the way to resolve the difficulties is by having an independent counsel, who could get to the bottom of the story. There has been some loose language in the debate. Hon. Members have talked about independent counsel, special counsel and special advocates. We need to be more precise and tight in our language. I have not used the term ““special advocate”” in the new clause, because it has certain connotations in our legal system. Special advocates have given evidence to the JCHR on several occasions, both formally and informally, and one of their main concerns is what they call ““mission creep”” in terms of how the system of special advocates has spread from counter-terrorism. That is why I have used the term ““independent counsel””, which I believe is drawn from the New Zealand system. The new clause is intended to codify the inherent jurisdiction that already exists. It would not create anything new, as I am effectively proposing a type of amicus whose job is to advise the court without specifically representing either party involved in the case. We need to be careful because, as the Government have said, the provisions could easily get out of hand. I am concentrating on the ““civilian cases””, as the DPP puts it—the 50 or so cases that do not involve the police or security services, in which credibility will be the key issue. I have phrased the new clause to exclude public interest cases, such as those involving undercover police, and to focus on the key issues: the basis of the witness's fears and whether the relevant credibility considerations in clause 5(2) are met. The independent counsel would test the evidence for that and advise the court accordingly. It seems to me that that would create a regime limited enough to meet the Government's concerns and objections and also provide the necessary independence that we all want, yet at the same time one that would not get completely out of hand when it came to the other issues.