My Lords, I am most grateful to the Minister for his reply. He says that this is an entirely new procedure, which is true, but he is putting into statutory form an imbalance between prosecution and defence which has not existed so far. I should consider his criticisms, however, on the drafting of this amendment, and I note that he has given an undertaking—at least an indication—that the Government will look more widely at the role of the special advocate. At the moment it is rather unfortunate that the special advocate system is entirely within the purview of the Attorney-General and that it is not a matter for the trial judge to consider whether he or she will be assisted by the provision of special counsel to cover certain matters—not simply on behalf of the defence but on the part of the court itself.
I reject the suggestion that my amendment criticises the investigating police force. It was not my intention to do so in putting the amendment forward. Having listened to the Minister, having considered all the issues raised by him, and in light of his reference to a wider investigation into the role of special counsel, I will not pursue the matter at this stage. I beg leave to withdraw the amendment.
Amendment 76N withdrawn.
Clause 78 : Conditions for making order
Amendment 76P
Clause 78 : Conditions for making order
Amendment 76P
Moved by
Coroners and Justice Bill
Proceeding contribution from
Lord Thomas of Gresford
(Liberal Democrat)
in the House of Lords on Wednesday, 28 October 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
Reference
713 c1200 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2025-01-04 09:27:24 +0000
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