I suspect that that refers to the number of applications for anonymity witness orders, not for special counsel. I shall have that checked and write to noble Lords confirming whether or not I am right. There is a certain ambiguity in what my noble friend has just read out.
In Mayers, the Court of Appeal focused on the duties of the prosecution. The role of special counsel in a particular case may be one where special counsel helps the court probe the evidence. It did not suggest that special counsel carry out a police investigatory role. The noble Lord, Lord Thomas of Gresford, cited the court when he said that there was no justification for any blanket rules, one way or another. The court already has sufficient flexibility to ask the Attorney to appoint special counsel when it considers it necessary. Our approach today is wholly consistent with the Court of Appeal judgment in Mayers.
I do not need to point out that there are significant differences between the three amendments and I hope that none of them will be pressed today. There are obviously differences between special counsel and independent counsel but I do not need to go into detail. I was asked by the noble Lord, Lord Henley, to play the role of Paris in choosing between these three sirens, if siren is the right expression from all that time ago. However, if he will forgive me, I will not choose a Helen today; I take the same attitude to the three temptations on offer and reject them all. I ask my noble friend to withdraw his amendment.
Coroners and Justice Bill
Proceeding contribution from
Lord Bach
(Labour)
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.
Type
Proceeding contribution
Reference
712 c976-7 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2024-04-21 12:58:47 +0100
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