I, too, support the proposition advanced by the noble and learned Lord. For many years, I practised in the criminal courts and was engaged in several murder cases, most of which went all right, but some of which did not.
I am not unduly concerned about the authorship of the proposal. I wish it had been centred entirely on the noble and learned Lord, based on his experience. I would have felt more comfortable about that. It is essential that we should do something about the anomalies that exist. To wait indefinitely, as the noble and learned Baroness the Attorney-General proposed on the last amendment, is in my view a counsel of despair. We should at least try. If the law needs further amendment afterwards that is acceptable—we can do that in the light of experience. To do it without any experience at all and to wait indefinitely is intolerable. I found the arguments that have been advanced by the noble and learned Lord and others persuasive, reasonable and logical. I do not like the idea of the criminal law being brought into contempt. How long will that be allowed to go on? How long will we have to put up with the uncertainty?
It is important that we should acknowledge the principle of change and accept that. If we are proved wrong, it will be possible to do something about that in the future. An overwhelming case has been made out for change right away.
The noble and learned Lord also referred to important safeguards. It would be otiose for me to go over these again. He was right to mention the safeguards which can so easily come into operation. This is not a party matter. All in all, we ought to support the idea.
I would like to know what the Law Society, the Bar Council and those who are engaged in criminal law have to say about this. Surely, the Government have conversed with all of them as well as with the victims. I greatly respect the noble and learned Baroness, the Attorney-General, who is one of the best Attorneys-General we have had. My aside is intended to establish that we approve of this idea now. It is important that we should be able to make some progress on this significant matter instead of neglecting it for years to come.
Coroners and Justice Bill
Proceeding contribution from
Lord Clinton-Davis
(Labour)
in the House of Lords on Tuesday, 30 June 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
Reference
712 c155-6 
Session
2008-09
Chamber / Committee
House of Lords chamber
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2024-04-21 12:20:46 +0100
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