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Criminal Evidence (Witness Anonymity) Bill 2007-08

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Criminal Evidence (Witness Anonymity) Bill 2007-08 (436)

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Type
Public acts
Date
21 July 2008
Reference
CHAP 15 2008

Lords amendment No. 1 is designed largely with the avoidance of doubt in mind. We wish to prevent unnecessary legal argument arising about the effect of the emergency legislation that will come into force on Royal Assent. The amendment puts beyond doubt that, even following the abolition of the common...

Member
Maria Eagle (Labour)
Type
Proceeding contributions
Date
16 July 2008
Reference
479 c368
House
House of Commons

I shall begin by dealing with Lords amendment No. 2, in respect of which I simply ask the Minister to confirm that the rules bringing this procedure into effect will be made as quickly as possible. She mentioned that the committee will be sitting fairly soon. It is important, however,...

Member
Lord Garnier (Conservative)
Type
Proceeding contributions
Date
16 July 2008
Reference
479 c369
House
House of Commons

On amendment No. 2, I have nothing to add to what the hon. and learned Member for Harborough (Mr. Garnier) just said. However, I have a point to make and a question to ask about amendment No. 1. When we debated amendment No. 35 to clause 3(2) last week it...

Member
David Howarth (Liberal Democrat)
Type
Proceeding contributions
Date
16 July 2008
Reference
479 c369-71
House
House of Commons

I beg to move, That this House agrees with the Lords in the said amendment.

Member
Maria Eagle (Labour)
Type
Proceeding contributions
Date
16 July 2008
Reference
479 c368
House
House of Commons

With the leave of the House, Mr. Deputy Speaker, I should like to answer the questions that have been raised. The hon. and learned Member for Harborough (Mr. Garnier) asked about the rules. I think that the fact that the rules committee is meeting on Friday indicates that it intends...

Member
Maria Eagle (Labour)
Type
Proceeding contributions
Date
16 July 2008
Reference
479 c371
House
House of Commons

I accept that, Mr. Deputy Speaker, but my point was that a different aspect of the independent counsel proposal was raised twice—first in connection with this amendment and specifically because it offered an alternative way of dealing with this problem, and then later by itself. I still think that it...

Member
David Howarth (Liberal Democrat)
Type
Proceeding contributions
Date
16 July 2008
Reference
479 c371
House
House of Commons

They always are.

Member
David Heath (Liberal Democrat)
Type
Proceeding contributions
Date
16 July 2008
Reference
479 c372
House
House of Commons

I think that these proceedings are about to conclude, so if I may detain the House for a second, I should like to put on record my thanks to the official Opposition and the Liberal Democrats, in both Houses, for the co-operation that we received, both in the Chambers and,...

Member
Jack Straw (Labour)
Type
Proceeding contributions
Date
16 July 2008
Reference
479 c372
House
House of Commons

Indeed, but I hope to be able to assure the hon. and learned Gentleman that what he suggests is not what is happening. The legislation before us, and any refinement of it in the forthcoming Bill, is about dealing with the rules for anonymity orders, for which a Judicial Committee...

Member
Maria Eagle (Labour)
Type
Proceeding contributions
Date
16 July 2008
Reference
479 c372
House
House of Commons

They always are, apparently. Let me try to reassure the hon. Member for Cambridge, because he made an important point to which the hon. and learned Member for Harborough also alluded. Where the defendant has told the prosecutor of the witness's real identity for the purpose of making an application...

Member
Maria Eagle (Labour)
Type
Proceeding contributions
Date
16 July 2008
Reference
479 c372
House
House of Commons

As the hon. Lady has been good enough to refer me to what the Attorney-General said in the other place, may I ask her to bear in mind the point made by the noble and learned Lord Lloyd of Berwick? He asked the Attorney-General:"““Does the noble and learned Baroness agree...

Member
Lord Garnier (Conservative)
Type
Proceeding contributions
Date
16 July 2008
Reference
479 c371
House
House of Commons

Criminal Evidence (Witness Anonymity) Bill. Lords amendments considered. Lords amendments 1 and 2 agreed to.

Department
Ministry of Justice
Type
Debates on bills
Date
16 July 2008
Reference
479 c368-72
House
House of Commons

I am most grateful to the noble Viscount, Lord Bledisloe, and the noble and learned Baroness for their responses. I agree with him that if a judge is not in a position to make that assessment, and there may be circumstances in which he is not, that poses a difficulty...

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
15 July 2008
Reference
703 c1129
House
House of Lords

I am slightly puzzled by this amendment. I fully accept that if the court has a reason to believe the things set out in Amendment No. 6A, that would certainly be a reason why the order should not be made. But surely the main problem about anonymity is that one...

Member
Viscount Bledisloe (Crossbench)
Type
Proceeding contributions
Date
15 July 2008
Reference
703 c1128
House
House of Lords

We believe that at the moment, as a result of H and C and the current framework, it is possible—the court has the power—to invite the Attorney-General to appoint a special counsel if it is deemed that that is necessary and appropriate. We can already do that. Now we have...

Member
Baroness Scotland of Asthal (Labour)
Type
Proceeding contributions
Date
15 July 2008
Reference
703 c1125-6
House
House of Lords

I do not know what the noble Lord, Lord Kingsland, will do, but I shall seek the opinion of the Committee on my amendment in any event. It is necessary to have a proper framework rather than leaving it to the individual judge to decide the scope and powers of...

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
15 July 2008
Reference
703 c1126
House
House of Lords

Not for the first time in my political life, I am absolutely bemused by the attitude of the Liberal party. Is the noble Lord seriously suggesting that he will divide the Committee on an amendment when we have had a discussion whose main feature has been comity across the party...

Member
Lord Richard (Labour)
Type
Proceeding contributions
Date
15 July 2008
Reference
703 c1126
House
House of Lords

While I have every sympathy with the amendment, which has been drafted very carefully by the noble Lord, Lord Thomas of Gresford, and to which I was very proud to attach my name, given in the circumstances, and bearing in mind the way in which the noble and learned Baroness...

Member
Lord Elystan-Morgan (Crossbench)
Type
Proceeding contributions
Date
15 July 2008
Reference
703 c1126
House
House of Lords

In the debate on this group of amendments, I have become something of an innocent bystander—at least, some might say that it is in my self-interest to portray myself in that disguise. As the noble and learned Baroness must know, I am extremely sympathetic to the amendments of both the...

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
15 July 2008
Reference
703 c1127
House
House of Lords