I do not challenge the applicant’s duty to assist the court, but there is no opportunity for challenge at the initial stage, which is what I am concerned about. That feeds into my question: if a no-notice procedure will, as the Minister suggested, not be the norm and may be the exception, why does the Bill not provide that a judge may, in exceptional circumstances, make the order on a no-notice application? It seems to me that that would reflect what the Minister has said in explaining how this would operate. I do not imagine she will have a direct answer to that at this moment, but it might be helpful if we could discuss it further. The Minister has already invited us to discuss the Bill between today and the next day in Committee, so perhaps we can talk further about this issue. The Bill launches us straight into the no-notice procedure and, whatever the court rules may say, I suggest that people will look at the Act first. Having said that, I beg leave to withdraw Amendment 1.
Crime (Overseas Production Orders) Bill [HL]
Proceeding contribution from
Baroness Hamwee
(Liberal Democrat)
in the House of Lords on Wednesday, 5 September 2018.
It occurred during Debate on bills
and
Committee proceeding on Crime (Overseas Production Orders) Bill [HL].
Type
Proceeding contribution
Reference
792 c135GC 
Session
2017-19
Chamber / Committee
House of Lords Grand Committee
Subjects
Librarians' tools
Timestamp
2023-03-14 16:12:10 +0000
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