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Coroners and Justice Bill

I wish to speak to Amendments 183B and 183C. I do not pursue Amendment 183B but Amendment 183C would add something to the Bill. In order that the Committee can understand what it is about, let me explain that the application for an investigation anonymity order will be made to a justice of the peace by a chief police officer or a director of one of the prosecuting services. The justice of the peace may make an order if he is satisfied that there are reasonable grounds for believing that the conditions set out in subsections (3) to (8) of Clause 66 are satisfied. Subsection (8) sets out the condition, ""that the person who would be specified in the order—""(a) is able to provide information that would assist the criminal investigation … and""(b) is more likely than not … to provide such information"." But that is not enough. These orders should be exceptional and should not be applied for or made unless, in addition to those two conditions set out in subsection (8), a further condition is met, which is that the person concerned, ""would be unwilling or unable to provide such information if the order were not made"." That indicates that it is an exceptional circumstance. Clause 75(5) sets out as a condition for making a witness anonymity order that, ""the witness would not testify if the proposed order were not made"." That condition is applied when it comes to giving evidence in court—that the witness anonymity order can be made if it is the only way of getting the person into the box. To emphasise that the investigation orders should be exceptional, a similar condition should be imposed on the making of those orders. I understand where the Government are coming from in seeking to give anonymity to witnesses, but they should always remember that people may come forward to the police with malign intent and with the intention of making false accusations against people. To grant wholesale anonymity in those circumstances, unless the conditions are pretty clearly established, is to leave open the opportunity that a person may be arrested and held and be subjected to all the problems of a criminal investigation as a result of a malign person inventing things against him. It is important that giving anonymity to witnesses should be not a regular thing but only used in exceptional circumstances. My suggestion in Amendment 183C—that it should be given only if the court or the justices of the peace are satisfied that the witness would be unwilling or unable to provide such information if the order was not made—is essential. If not, you open the door to the neighbour or tittle-tattler who wishes to do down a particular person.