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Criminal Evidence (Witness Anonymity) Bill, continued

David Howarth

Chris Huhne

Tom Brake

Lynne Featherstone

39

Clause  12,  page  6,  line  20,  leave out ‘a magistrates’ court,’.

New Clauses

Expiry of power to make witness anonymity orders

Secretary Jack Straw

NC9

To move the following Clause:—

‘(1)	No witness anonymity order may be made under this Act after the relevant date.

(2)	Subject to subsection (3) the relevant date is 31 December 2009.

(3)	The Secretary of State may by order provide for the relevant date to be a date

specified in the order that falls not more than 12 months after—

(a)	31 December 2009, or

(b)	(if an order has already been made under this subsection) the date

specified in the last order.

(4)	Nothing in this section affects—

(a)	the continuation in effect of a witness anonymity order made before the

relevant date, or

(b)	the power to discharge or vary such an order under section 6.

(5)	An order under subsection (3)—

(a)	is to be made by statutory instrument; and

(b)	may not be made unless a draft of the instrument containing the order has

been laid before and approved by a resolution of each House of

Parliament.’.

Duration of Act

Mr Douglas Hogg

Mr Elfyn Llwyd

NC1

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.’.

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Criminal Evidence (Witness Anonymity) Bill, continued

Appeal against making or refusal of order

Nick Herbert

Mr Edward Garnier

Mr Nick Hurd

Nc2

To move the following Clause:—

‘An appeal shall lie to the Court of Appeal from any witness anonymity order

made or any refusal to make a witness anonymity order under this Act but only

with the leave of the court or of the Court of Appeal.’.

Duration of Act (No. 2)

Nick Herbert

Mr Edward Garnier

Mr Nick Hurd

Nc3

To move the following Clause:—

‘This Act shall cease to have effect on 1st August 2009 unless extended by a

resolution of both Houses of Parliament before 31st July 2009.’.

Rules of court

Nick Herbert

Mr Edward Garnier

Mr Nick Hurd

Nc4

To move the following Clause:—

‘(1)	Rules of court may make such provision as appears to the appropriate authority

to be necessary or expedient for the purposes of this Act; and the appropriate

authority is the authority entitled to make the rules.

(2)	The rules must contain provision requiring an applicant for a witness anonymity

order to serve on all other parties in the proceedings such notice, and such

particulars of or relating to the evidence, as may be prescribed.

(3)	The rules may provide that the court may, in such circumstances as may be

prescribed, dispense with a requirement imposed by virtue of subsection (2).

(4)	In considering the exercise of its powers with respect to costs, the court may take

into account any failure by a party to comply with a requirement imposed by

virtue of subsection (2) and not dispensed with by virtue of subsection (3).

(5)	The rules may—

(a)	limit the application of any provision of the rules to prescibed

circumstances;

(b)	subject any provision of the rules to prescribed exceptions;

(c)	make different provision for different cases or circumstances.

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Criminal Evidence (Witness Anonymity) Bill, continued

(6)	Nothing in this section prejudices the generality of any enactment conferring

power to make rules of court; and no particular provision of this section

prejudices any general provision of it.

(7)	In this section—

“prescribed” means prescibed by rules of court;

“rules of court” means—

(a) Crown Court Rules;

(b) Criminal Appeal Rules.’.

Duration of Act (No. 3)

Mr Andrew Dismore

Mark Fisher

Nc5

To move the following Clause:—

‘This Act shall cease to have effect at the end of the period of 18 months

beginning with the day on which this Act was passed.’.

Independent counsel

Mr Andrew Dismore

Mark Fisher

Nc6

To move the following Clause:—

‘The court may appoint independent counsel to test any evidence of, and to advise

it upon, the witness’s fears under section 4(6) and the relevant considerations

under section 5(2).’.

Independent counsel (No. 2)

David Howarth

Chris Huhne

Tom Brake

Lynne Featherstone

NC7

To move the following Clause:—

‘(1)	For the purposes of considering an application for a witness anonymity order, the

court may appoint an independent counsel to assist the court.

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Criminal Evidence (Witness Anonymity) Bill, continued

(2)	The court may direct the independent counsel to investigate on the court’s behalf

any matter the court thinks fit, subject to any instruction the court thinks fit, and

in particular to inquire into any matter referred to in section 4(3), 4(6) or 5(2)(d).

(3)	The party applying for the witness anonymity order must make available to the

independent counsel all information relating to the proceeding that is in that

party’s possession.

(4)	The party applying for the witness anonymity order is responsible for paying the

fees of the independent counsel.’.

Expiry and revival of Act

David Howarth

Chris Huhne

Tom Brake

Lynne Featherstone

NC8

To move the following Clause:—

‘(1)	Subject to subsection (2) this Act shall cease to have effect at the end of the period

of one year beginning with the day on which it is brought into force.

(2)	The Secretary of State may by order provide that this Act shall continue in force

after the period specified in subsection (1) for specified periods not exceeding 12

months at a time.

(3)	Any order referred to in subsection (2) shall only come into force only if approved

by each House of Parliament.’.

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

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Criminal Evidence (Witness Anonymity) Bill, continued

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

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

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Criminal Evidence (Witness Anonymity) Bill, continued

(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

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.

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Criminal Evidence (Witness Anonymity) Bill, continued

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)—

(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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Revised 8 July 2008