Coroners and Justice Bill

My Lords, we are faced again with yet another wide-ranging criminal justice measure, which was described in another place as "a Christmas tree Bill" from which many topics could be hung. As previous speakers have mentioned, a few baubles seem to have fallen off, such as the Government having had better thoughts about their proposals on information sharing and certified inquests. I shall touch on three subjects in particular which concern these Benches. First, I welcome the fact that the Bill takes further steps to support and protect witnesses—they have been a long-neglected group. The integrity and effectiveness of our criminal justice system depends on the ability of witnesses to give evidence to the best of their ability and without intimidation. At the same time, any measures to assist witnesses must not compromise the right of defendants to a fair trial. The Bill rightly seeks to balance these requirements against each other. Last year, your Lordships’ House wrestled with the dilemmas raised by the Criminal Evidence (Witness Anonymity) Bill. The need for speedy action was clear. But it will be helpful to revisit those questions, as well as to consider the new proposals on anonymity in investigations and help for vulnerable and intimidated witnesses, while remembering that vulnerable defendants may be among those in need of such help. Secondly, I welcome the attempt in Clauses 49 to 51 to clarify the bearing of the law on assisted suicide upon internet material. Since the Suicide Act 1961, developments in communication mean that powerful influences can be brought to bear on emotionally vulnerable people, not least young people, by so-called suicide websites. This is a very sensitive area where people frequently act under tragic and burdensome pressures. We must avoid criminalising people who are merely discussing their feelings. We should seek to ensure that the operation of the law is compassionate towards people who find themselves in a difficult position because their relatives wish to end their own lives. However, it is vital that the law should continue to prohibit irresponsible or unscrupulous actions which would have the effect of encouraging or assisting suicide. In Committee, your Lordships' House must examine the drafting of these clauses so that the lines are drawn in the right place, as clearly as possible. We should not accept any amendments which would relax the existing law and diminish the protection offered to those at risk of self-destruction. Such a step would be wrong in itself. It would also be totally inappropriate in the context of this Bill, which proceeds from the assumption that the existing law is right in seeking to protect life, and needs to be changed in order to do so more effectively in today’s circumstances. Thirdly, Clause 61 reopens last year's argument about incitement to hatred on the ground of sexual orientation, by removing the provision "for the avoidance of doubt" which was added to the definition of the offence through the efforts of the noble Lord, Lord Waddington. The change has become symbolic, perhaps even totemic, for people on both sides of the argument, but it is worth reminding ourselves that the basis of disagreement is relatively narrow. We on these Benches have no problem with the principle that people should be protected from inflammatory and intimidating behaviour towards them on the basis of their sexual orientation. Nor, indeed, do we quarrel with the definition of the offence, which provides a high threshold by requiring both the intention to stir up hatred, and words, actions or material of a threatening character. Our concern is with the potential application of the law to restrict legitimate discussion and expression of opinion about sexual ethics and sexual behaviour—bearing in mind that existing public order legislation has sometimes been used to warrant over-zealous police investigations against people with conservative views on homosexuality. It is generally agreed that this should not be so. The question is, how is it best avoided? Your Lordships' House voted in favour of a statutory statement that discussion or criticism of sexual conduct would not of itself constitute an offence. It is hard to see any objection to this most modest of provisions. The worst that can be said is that it might be unnecessary, whereas its removal could be damaging to the freedom of expression. It therefore seems to me that the case for Clause 61 is weak, and I hope that in due course your Lordships will not approve it. My selective focus today does not imply that other matters in the Bill are unimportant. Its provisions on defences to murder, possession of images of children, sentencing, legal aid and criminal memoirs are highly significant, as indeed are the issues raised by the noble Baroness, Lady D’Souza, a moment ago, pertaining to the intentions of the noble Lord, Lord Carlile, with which I also associate myself. To return to the analogy of the Christmas tree, these proposals are less like baubles than sets of fairy lights—complex, tangled and liable to fuse. They require more sustained and intricate treatment, which we on these Benches look forward to in Committee. I support the Bill.