Since we are just entering into this area, perhaps it might be useful to draw from the Government some of the principles that they think are involved. It is my experience and certainly that of my noble friend Lord Carlile—and no doubt that of the Minister—that in many cases already witnesses are referred to by letters A, B, C or D and investigations have been carried out where the anonymity of witnesses is preserved. Indeed, in all the cases that we have dealt with where anonymity has been sought and where witnesses have given evidence behind screens—just thinking on the spot, I can go back to 1993 for that—the witnesses are not identified for obvious reasons.
What is the purpose behind this extension of the witness anonymity legislation to the investigation process? It may be a good thing that what has happened as a matter of practice in the past is now to be subject to statutory regulation, in the way that these investigation orders are to be put forward. However, if that is the case, it seems extraordinary that the Government should limit it, as though it were dealing specifically with gangs or only with murder or one other offence, with the Secretary of State’s ability to extend the boundaries of cases in which this type of order can be made, as we shall see in the next group of amendments.
Are the Government simply seeking to put into a statutory framework that which has already existed for years? If so, why is it restricted to just two offences, with the Secretary of State’s power to extend it, and to gangs? It seems that the necessity for this applies to all sorts of people who are not within the age range of 11 to 30. I should like some explanation from the Minister of the thinking behind these provisions as we start this part of the Bill.
Coroners and Justice Bill
Proceeding contribution from
Lord Thomas of Gresford
(Liberal Democrat)
in the House of Lords on Monday, 13 July 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Coroners and Justice Bill.
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2008-09
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