Coroners and Justice Bill

My Lords, if the principle of anonymity in investigations is accepted, as it is by the noble Lord, Lord Henley, there is great merit in his amendment which would leave out subsection (4), preventing the Government arbitrarily widening the class of case for which and person for whom such anonymity orders can be made. Indeed, there is much sense in seeking a review of these investigation anonymity orders. However, I am opposed to the matter in principle because it is very easy to encourage witnesses to come forward who may not be telling the truth. It is the case that, prior to the introduction of the Criminal Evidence (Witness Anonymity) Act 2008, which we debated at length last summer, the Metropolitan Police in particular had got into the habit of going around promising anonymity not only to witnesses who gave it information, but anonymity at trial. That went well beyond its powers. For that reason, although we had some reservations, we welcomed the introduction of a Bill that put a framework to the giving of evidence in court in anonymous conditions. Looking at anonymity in investigations, I noted what the Minister said in response last time—that it may be necessary to apply for such orders before much is known about an offence. There is not necessarily any pressing need for these orders at the beginning of the investigation. The Government propose that the police or the DPP can make such applications right at the beginning. That is the most dangerous aspect of it. That is why, if this matter goes forward, I have tabled Amendment 76E, which would add to Clause 67(9) the provision that it is not enough that a witness should say that he will withhold information, or that he is to be encouraged to withhold information, but that he must indicate that he will not give any information and that he, ""would be unwilling or unable to provide such information if the order were not made"." To my mind, that would be some precaution against the granting of the investigation anonymity orders too readily. We will come to debate the question of witness anonymity orders in court, but I have recorded my view in principle against the investigation anonymity orders that the Government now seek.