I understand that point and I shall come to it shortly.
Apart from the high threshold of the offence, procedural safeguards exist that ensure that the right balance is achieved. I absolutely take on board the point that the noble and learned Baroness, Lady Butler-Sloss, and the noble Lord, Lord Tebbit, made about this being related to where the police come in. However, the Attorney-General must consent to any prosecution. The Crown Prosecution Service will prosecute only where it is satisfied that a prosecution would be in the public interest. The Human Rights Act ensures that the police, the CPS and the courts must act in a way that is compatible with the convention rights. Therefore, we are satisfied that there are multiple safeguards against this offence being used inappropriately.
Coroners and Justice Bill
Proceeding contribution from
Lord Bach
(Labour)
in the House of Lords on Thursday, 9 July 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
Reference
712 c816 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2024-04-21 12:46:59 +0100
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