Coroners and Justice Bill

I rise briefly to support what the noble Lord, Lord Neill, has just said as I see that there are two clause stand part debates in this group and one which will follow shortly in relation to Clause 44. Over the past 10 years, I have had to attend, as all practising barristers have, continuing professional development conferences, when the new law is explained to the criminal bar. Time and again, I have had people turn to me, look at me in disbelief and say, "How on earth did you let that pass through the House of Lords?" All I can say is that gallant attempts have been made that have not succeeded. However, if these clauses on provocation go through I shall not be able to show my face again there at all. The phrase "dog’s breakfast" would be a kindness. The law of provocation is imperfect and difficult and is in a stage of development that makes it difficult for practitioners. I speak as someone who concluded a murder trial very recently in which just the sort of difficulties that have just been raised occurred. There clearly needs to be a radical change in relation to the whole law of murder, but to do it as it is being done in these clauses—I am not making a Second Reading speech—will make Parliament a laughing stock with the criminal bar. The complications are enormous, the scope for extending murder trials vast and the capacity for miscarriages of justice would be greatly increased if these clauses reach the statute book. I hope that when the time comes the Government will think again about them and listen to what has been said in this debate.