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2975

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Friday 4th July 2008

 

New Amendments handed in are marked thus Parliamentary Star

 

Committee of the whole House


 

Criminal Evidence (Witness Anonymity) Bill


 

Mr Douglas Hogg

 

1

 

Parliamentary Star    

Clause  3,  page  2,  line  27,  at end add—

 

‘(3)    

The court must give every party to the proceedings the opportunity to be heard on

 

the application.

 

(4)    

For the purpose of considering an application for a witness anonymity order the

 

court may appoint an independent counsel to assist the court, and, without

 

limiting the directions that the court may make, the court may direct the

 

independent counsel—

 

(a)    

to inquire into the matters that are set out in sections 4 and 5 and any other

 

matters that the court may think relevant, and

 

(b)    

to report his findings to the court.

 

(5)    

Where an independent counsel has been appointed, the party who applied for the

 

witness anonymity order must make available to the independent counsel all

 

information in relation to the proceeding that is in the party’s possession.

 

(6)    

Where an independent counsel has been appointed, provision shall be made, by

 

order, for fees for the professional services of the independent counsel together

 

with reasonable expenses to be determined and paid from money appropriated by

 

Parliament for the purpose.’.

 

Mr Douglas Hogg

 

2

 

Parliamentary Star    

Clause  3,  page  2,  line  27,  at end add—

 

‘(3)    

The court must give every party to the proceedings the opportunity to be heard on

 

the application.

 

(4)    

For the purpose of considering an application for a witness anonymity order the

 

court may appoint an independent counsel to assist the court, and, without

 

limiting the directions that the court may make, the court may direct the

 

independent counsel—

 

(a)    

to inquire into the matters that are set out in sections 4 and 5 and any other

 

matters that the court may think relevant, and

 

(b)    

to report his findings to the court.


 
 

Notices of Amendments: 4th July 2008                  

2976

 

Criminal Evidence (Witness Anonymity) Bill, continued

 
 

(5)    

Where an independent counsel has been appointed, the party who applied for the

 

witness anonymity order must make available to the independent counsel all

 

information in relation to the proceeding that is in the party’s possession.

 

Dr Evan Harris

 

18

 

Parliamentary Star    

Clause  3,  page  2,  line  27,  at end add—

 

‘(3)    

For the purposes of considering an application for a witness anonymity order the

 

judge may appoint a special advocate to represent the interests of the party not

 

present.’.

 


 

Mr Douglas Hogg

 

3

 

Parliamentary Star    

Clause  4,  page  2,  line  31,  leave out ‘satisfied’ and insert ‘sure’.

 

Mr Douglas Hogg

 

4

 

Parliamentary Star    

Clause  4,  page  2,  line  31,  leave out ‘C’ and insert ‘D’.

 

Mr Douglas Hogg

 

5

 

Parliamentary Star    

Clause  4,  page  2,  line  35,  leave out from ‘property’ to end of line 38.

 

Mr Douglas Hogg

 

6

 

Parliamentary Star    

Clause  4,  page  2,  line  39,  leave out subsection (4) and insert—

 

‘(4)    

Condition B is that the making of the witness anonymity order would not deprive

 

the defendant of a fair trial.’.

 

Mr Douglas Hogg

 

7

 

Parliamentary Star    

Clause  4,  page  3,  line  1,  after ‘not’, insert ‘, and could not reasonably be expected

 

to,’.

 

Mr Douglas Hogg

 

8

 

Parliamentary Star    

Clause  4,  page  3,  line  1,  at end insert—

 

‘(5A)    

Condition D is that there is no reason to believe that the witness has a motive or

 

a tendency to be dishonest, having regard to the circumstances of the case and

 

(where applicable) to the witness’s previous convictions or the witness’s

 

relationship with the accused or any associates of the accused, and to any other

 

consideration that may be relevant to that issue that the court may think

 

appropriate.’.


 
 

Notices of Amendments: 4th July 2008                  

2977

 

Criminal Evidence (Witness Anonymity) Bill, continued

 
 

Dr Evan Harris

 

17

 

Parliamentary Star    

Clause  4,  page  3,  line  5,  leave out from ‘injury’ to the end of line 6.

 


 

Mr Douglas Hogg

 

9

 

Parliamentary Star    

Clause  5,  page  3,  line  9,  leave out ‘C’ and insert ‘D’.

 

Mr Douglas Hogg

 

10

 

Parliamentary Star    

Clause  5,  page  3,  line  15,  at end insert—

 

‘(aa)    

the principle that witness anonymity orders are justified only in

 

exceptional cases;

 

(ab)    

the gravity of the offence;

 

(ac)    

whether there is other evidence that corroborates the witness’s evidence;

 

(ad)    

whether the witness’s evidence constitutes the sole or decisive evidence

 

against the defendant;’.

 

Mr Douglas Hogg

 

11

 

Parliamentary Star    

Clause  5,  page  3,  line  22,  leave out paragraph (d).

 

Dr Evan Harris

 

12

 

Parliamentary Star    

Clause  5,  page  3,  line  30,  at end add—

 

‘( )    

whether the circumstances are sufficiently exceptional to justify the making of a

 

witness anonymity order;’.

 

Dr Evan Harris

 

13

 

Parliamentary Star    

Clause  5,  page  3,  line  30,  at end add—

 

‘( )    

the gravity of the offence;’.

 

Dr Evan Harris

 

14

 

Parliamentary Star    

Clause  5,  page  3,  line  30,  at end add—

 

‘( )    

the importance of the witness’s evidence to the case of the party who wishes to

 

call the witness;’.

 

Dr Evan Harris

 

15

 

Parliamentary Star    

Clause  5,  page  3,  line  30,  at end add—

 

‘( )    

whether there is other evidence which corroborates the evidence given by the

 

witness;’.

 

Dr Evan Harris

 

16

 

Parliamentary Star    

Clause  5,  page  3,  line  30,  at end add—


 
 

Notices of Amendments: 4th July 2008                  

2978

 

Criminal Evidence (Witness Anonymity) Bill, continued

 
 

‘( )    

the extent to which the prosecution’s case is based solely, or to a decisive extent,

 

on the testimony of the anonymous witness;’.

 


 

New Clause

 

Duration of Act

 

Mr Douglas Hogg

 

NC1

 

Parliamentary Star    

To move the following Clause:—

 

‘This Act shall cease to have effect on the expiration of 12 months from the day

 

on which it is passed.’.

 

 

CRIMINAL EVIDENCE (WITNESS ANONYMITY) BILL: ALLOCATION OF TIME

 

Secretary Jack Straw

 

That the following provisions shall apply to the Criminal Evidence (Witness

 

Anonymity) Bill:

 

Timetable

 

1.      (1)    

Proceedings on Second Reading, in Committee, on consideration and

 

on Third Reading shall be completed at this day’s sitting in

 

accordance with the following provisions of this paragraph.

 

(2)    

Proceedings on Second Reading shall (so far as not previously

 

concluded) be brought to a conclusion three hours after the

 

commencement of proceedings on the Motion for this Order.

 

(3)    

Proceedings in Committee, on consideration and on Third Reading

 

shall (so far as not previously concluded) be brought to a conclusion

 

six hours after the commencement of proceedings on the Motion for

 

this Order.

 

Timing of proceedings and Questions to be put

 

2.    

When the Bill has been read a second time—

 

(a)    

it shall (notwithstanding Standing Order No. 63 (Committal of bills

 

not subject to a programme order)) stand committed to a Committee

 

of the whole House without any Question being put; and

 

(b)    

the Speaker shall leave the Chair whether or not notice of an

 

Instruction has been given.

 

3.      (1)    

On the conclusion of proceedings in Committee, the Chairman shall

 

report the Bill to the House without putting any Question.

 

(2)    

If the Bill is reported with amendments, the House shall proceed to

 

consider the Bill as amended without any Question being put.

 

4.    

For the purpose of bringing any proceedings to a conclusion in accordance

 

with paragraph 1, the Chairman or Speaker shall forthwith put the following

 

Questions (but no others)—

 

(a)    

any Question already proposed from the Chair;

 

(b)    

any Question necessary to bring to a decision a Question so


 
 

Notices of Amendments: 4th July 2008                  

2979

 

Criminal Evidence (Witness Anonymity) Bill, continued

 
 

proposed;

 

(c)    

the Question on any amendment moved or Motion made by a

 

Minister of the Crown;

 

(d)    

any other Question necessary for the disposal of the business to be

 

concluded.

 

5.    

On a Motion so made for a new Clause or a new Schedule, the Chairman or

 

Speaker shall put only the Question that the Clause or Schedule be added to

 

the Bill.

 

6.    

If two or more Questions would fall to be put under paragraph 4(d) in relation

 

to successive provisions of the Bill, the Chairman shall instead put a single

 

question in relation to those provisions.

 

Consideration of Lords Amendments

 

7.      (1)    

Any Lords Amendments to the Bill shall be considered forthwith

 

without any Question being put.

 

(2)    

Proceedings on consideration of Lords Amendments shall (so far as

 

not previously concluded) be brought to a conclusion one hour after

 

their commencement.

 

8.      (1)    

This paragraph applies for the purpose of bringing any proceedings

 

to a conclusion in accordance with paragraph 7.

 

(2)    

The Speaker shall first put forthwith any Question already proposed

 

from the Chair and not yet decided.

 

(3)    

If that Question is for the amendment of a Lords Amendment the

 

Speaker shall then put forthwith—

 

(a)    

a single Question on any further Amendments to the Lords

 

Amendment moved by a Minister of the Crown, and

 

(b)    

the Question on any Motion made by a Minister of the

 

Crown that this House agrees or disagrees to the Lords

 

Amendment or (as the case may be) to the Lords

 

Amendment as amended.

 

(4)    

The Speaker shall then put forthwith—

 

(a)    

a single Question on any Amendments moved by a Minister

 

of the Crown to a Lords Amendment, and

 

(b)    

the Question on any Motion made by a Minister of the

 

Crown that this House agrees or disagrees to the Lords

 

Amendment or (as the case may be) to the Lords

 

Amendment as amended.

 

(5)    

The Speaker shall then put forthwith the Question on any Motion

 

made by a Minister of the Crown that this House disagrees to a Lords

 

Amendment.

 

(6)    

The Speaker shall then put forthwith the Question that this House

 

agrees to all the remaining Lords Amendments.

 

(7)    

As soon as the House has—

 

(a)    

agreed or disagreed to a Lords Amendment, or

 

(b)    

disposed of an Amendment relevant to a Lords Amendment

 

which has been disagreed to.

 

    

the Speaker shall put forthwith a single Question on any

 

Amendments moved by a Minister of the Crown and relevant to the

 

Lords Amendment.

 

Subsequent stages

 

9.      (1)    

Any further Message from the Lords on the Bill shall be considered

 

forthwith without any Question being put.

 

(2)    

Proceedings on any further Message from the Lords shall (so far as

 

not previously concluded) be brought to a conclusion one hour after


 
 

Notices of Amendments: 4th July 2008                  

2980

 

Criminal Evidence (Witness Anonymity) Bill, continued

 
 

their commencement.

 

10.      (1)    

This paragraph applies for the purpose of bringing any proceedings

 

to a conclusion in accordance with paragraph 9.

 

(2)    

The Speaker shall first put forthwith any Question which has been

 

proposed from the Chair and not yet decided.

 

(3)    

The Speaker shall then put forthwith the Question on any Motion

 

made by a Minister for the Crown which is related to the Question

 

already proposed from the Chair.

 

(4)    

The Speaker shall then put forthwith the Question on any Motion

 

made by a Minister of the Crown on or relevant to any of the

 

remaining items in the Lords Message.

 

(5)    

The Speaker shall then put forthwith the Question that this House

 

agrees with the Lords in all the remaining Lords Proposals.

 

Reasons Committee

 

11.      (1)    

The Speaker shall put forthwith the Question on any Motion made by

 

a Minister for the Crown for the appointment, nomination and

 

quorum of a Committee to draw up Reasons and the appointment of

 

its Chairman.

 

(2)    

A Committee appointed to draw up Reasons shall report before the

 

conclusion of the sitting at which it is appointed.

 

(3)    

Proceedings in the Committee shall (so far as not previously

 

concluded) be brought to a conclusion 30 minutes after their

 

commencement.

 

(4)    

For the purpose of bringing any proceedings to a conclusion in

 

accordance with sub-paragraph (3), the Chairman shall—

 

(a)    

first put forthwith any Question which has been proposed

 

from the Chair but not yet decided, and

 

(b)    

then put forthwith successively Questions on motions which

 

may be made by a Minister of the Crown for assigning a

 

Reason for disagreeing with the Lords in any of their

 

Amendments.

 

(5)    

The proceedings of the Committee shall be reported without any

 

further Question being put.

 

Miscellaneous

 

12.    

Paragraph (1) of Standing Order No. 15 (Exempted business) shall apply so

 

far as necessary for the purposes of this Order.

 

13.      (1)    

The proceedings on any Motion made by a Minister of the Crown for

 

varying or supplementing the provisions of this Order shall (so far as

 

not previously concluded) be brought to a conclusion one hour after

 

their commencement.

 

(2)    

Paragraph (1) of Standing Order No. 15 (Exempted business) shall

 

apply to those proceedings.

 

14.    

Standing Order No. 82 (Business Committee) shall not apply in relation to

 

any proceedings to which this Order applies.

 

15.      (1)    

No Motion shall be made, except by a Minister of the Crown, to alter

 

the order in which any proceedings on the Bill are taken or to

 

recommit the Bill.

 

(2)    

The Question on any such Motion shall be put forthwith.

 

16.      (1)    

No dilatory Motion shall be made in relation to proceedings to which

 

this Order applies except by a Minister of the Crown.

 

(2)    

The Question on any such Motion shall be put forthwith.

 

17.    

The Speaker may not arrange for a debate to be held in accordance with

 

Standing Order No. 24 (Adjournment on specific and important matter that

 

should have urgent consideration)—


 
 

Notices of Amendments: 4th July 2008                  

2981

 

Criminal Evidence (Witness Anonymity) Bill, continued

 
 

(a)    

at this day's sitting, or

 

(b)    

at any sitting at which Lords Amendments to the Bill are, or any

 

further Message from the Lords is, to be considered,

 

    

before the conclusion of any proceedings to which this Order applies.

 

18.      (1)    

Sub-paragraph (2) applies if the House is adjourned, or the sitting is

 

suspended, before the conclusion of any proceedings to which this

 

Order applies.

 

(2)    

No notice shall be required of a Motion made at the next sitting by a

 

Minister of the Crown for varying or supplementing the provisions

 

of this Order.

 

19.    

Proceedings to which this Order applies shall not be interrupted under any

 

Standing Order relating to the sittings of the House.

 


 
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