I shall speak also to Amendment 185ZG, which relates to the removal of Clause 86(7). When he was responding to the previous amendment, the Minister told us that the provision for anonymity in investigations is narrowly drawn. The provision set out in the Bill may be narrowly drawn, but under subsection (4), it can be widened to any extent, merely by an order passing through this House and the other place to add or omit an offence in the list in subsection (2) or to add, omit or modify a condition to be satisfied in relation to an offence. Under paragraph (a) of subsection (4), it is possible, for example, to omit paragraph (b) of subsection (2), manslaughter, but I do not think that that is the purpose. I think it is to add whatever offence occurs to the Secretary of State at the time. It could be driving without due care or something of that sort.
So far as the conditions are concerned, although we are told that this clause is specifically directed at gangs of young men between the ages of 11 and 30 using specific weapons—firearms or a knife—under paragraph (a) of subsection (4), all those conditions could be modified as the Secretary of State thinks fit. It can be anything. Getting in through a crack—that is to say, by using the most serious offences of murder and manslaughter and limiting it to a particular group—and then expanding it wholesale without anything other than an order being passed through the House is a bad way to legislate. We have often commented on how ineffective orders are as a method of scrutiny and change.
Clause 86(7) is concerned with special measures in offences involving weapons. Schedule 12 to the Bill adds a schedule to the Youth Justice and Criminal Evidence Act 1999 and contains a list of offences with a power for the Secretary of State to amend that schedule so as to add whatever he thinks fit. I am anxious to hear from the Minister how he justifies so wide a power being granted in that way. If the Government think that these orders should be limited, they should say in the Bill how they are to be limited. To say, "Well, we shall just see how they go and then extend them as we think fit", is not a proper way in which to deal with a serious matter such as this. I beg to move.
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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712 c959-60 
Session
2008-09
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