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Considered in Committee.
Mr. Robert G. Hughes (Harrow, West):
I beg to move, That the clause be read a Second time.
The Second Deputy Chairman of Ways and Means (Dame Janet Fookes):
With this, it will be convenient to discuss also amendment No. 2, in the title, line 2, after 'prosecution', insert
Mr. Hughes:
The Bill currently protects material that is disclosed by the prosecutor in the overwhelming majority of criminal proceedings. However, there are circumstances in which material might be disclosed by someone else, when the Criminal Cases Review Commission discloses material because of an investigation into an alleged miscarriage of justice. There would be no difficulty when the commission refers a case to the Court of Appeal. When the commission declines to
The Bill must therefore ensure that the commission does not disclose such material to defendants without supervision. It would be wrong for the statements made by victims of sexual offences to fall through the net, as it were, by default or by imprecise drafting of the Bill. New clause 1 would ensure that the commission discloses material in the same way as the prosecutor. The commission would disclose material either to a legal representative who gave the necessary undertaking to supervise the defendant or to the appropriate person who would similarly allow the defendant supervised access. I understand that to include the new clause in the Bill requires a minor amendment to the long title, hence amendment No. 2 which is linked to new clause 1.
The Parliamentary Under-Secretary of State for the Home Department (Mr. Timothy Kirkhope):
I am very happy to support the new clause and the amendment tabled my hon. Friend the Member for Harrow, West (Mr. Hughes), which relate to the disclosure of material by the Criminal Cases Review Commission. My hon. Friend has noticed a loophole in the Bill which might, albeit in unusual circumstances, allow defendants accused of sexual offences to gain access to victims' statements as well as to photographs and medical reports without any safeguards or supervision.
Mr. Alun Michael (Cardiff, South and Penarth):
Am I correct in understanding that the new clause deals with an anomaly which might arise after a decision had been taken by the Criminal Cases Review Commission because of the disclosure needed at that time? Will the Minister reassure us that prior to that--before the commission takes a decision, while the matter is still under consideration by the review body or when that body subsequently refers it to the Court of Appeal--the matter is already dealt with by the Bill as it stands? Have I understood correctly?
Mr. Kirkhope:
The hon. Gentleman has indeed understood correctly.
I hope that the Committee will accept the new clause.
Question put and agreed to.
Clause read a Second time, and added to the Bill.
Schedule agreed to.
Amendment made: No. 2, in line 2, after 'prosecution', insert
Bill, as amended, to be reported.
Order for Third Reading read.
Mr. Robert G. Hughes:
I beg to move, That the Bill be now read the Third time.
The Bill began with a report by the royal commission on criminal justice which said:
Mr. Michael:
I welcome the Bill and I congratulate the hon. Member for Harrow, West (Mr. Hughes) on providing a vehicle to end an anomaly and a scandal. As he rightly said, the royal commission on criminal justice highlighted the harm done by prison pornography. My only regret is that the Government have taken so long to address the anomaly. The Labour party has tried more than once to have such provisions put in legislation. I have moved amendments similar to these provisions to more than one Bill in Committee without Ministers accepting the sense of urgency that the hon. Gentleman has stressed. With the Bill about to become law, this is not the time to do more than remind the House of that fact: the conversion of Ministers and their support for the Bill is welcome, and we all look forward to this scandal being ended as speedily as possible.
Mr. Kirkhope:
The Government are delighted to support my hon. Friend the Member for Harrow, West (Mr. Hughes) with his Bill. It provides an effective means of tackling the important problem of the misuse of victims' statements and other material in sexual offences cases.
We cannot win. The hon. Member for Cardiff, South and Penarth (Mr. Michael) talked about how long we have taken to act, having earlier made comments about how speedy our progress on other legislation has been. The Bill gives statutory effect to proposals that we announced last year, which were widely welcomed. We are particularly pleased that it will make a real contribution to the fight against crime.
I congratulate my hon. Friend the Member for Harrow, West and I commend the Bill to the House.
Question put and agreed to.
'or by the Criminal Cases Review Commission'.
'or by the Criminal Cases Review Commission'.--[Mr. Robert G. Hughes.]
2.17 pm
"We were disturbed by evidence that we received that victims' statements were being freely circulated for various dubious purpose quite unconnected with the trial."
The commission was supported by the response from the Law Society, which described the circulation of such evidence as "gaol pornography." The Bill will put a stop to that. It will deal with the harm caused by defendants in sexual offence cases who circulate such material as a form of pornography. This material often contains detailed, intimate information about the victim and the crime and has on occasion been used in prison as pornography. Outside prison, defendants and defendants' relatives have on occasion circulated copies of case papers to intimidate witnesses and as part of a lobbying process in an attempt to aid the defendant. We have to put a stop to that rare but harmful practice, and do it now.
2.20 pm
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