Consideration of Bill: 24 March 2009

561

Coroners and Justice Bill, continued

Mr Douglas Hogg

61

Page  42,  line  11  [Clause  72],  leave out ‘C’ and insert ‘D’.

David Howarth

Jenny Willot

160

Page  42,  line  15  [Clause  72],  leave out ‘serious damage to property’ and insert

‘damage to property serious enough, either in itself or cumulatively (taken with other

threats to property or to the welfare of persons), for a reasonable person with the resources

of the witness to be intimidated into refusing to give evidence’.

Mr Douglas Hogg

62

Page  42,  line  19  [Clause  72],  leave out subsection (4) and insert—

‘(4)	Condition B is that the making of a witness anonymity order would not deprive

the defendant or (where there is more than one defendant) any defendant of a fair

trial.’.

Mr Douglas Hogg

63

Page  42,  line  23  [Clause  72],  after first ‘not’, insert ‘and could not reasonably be

expected to’.

Mr Douglas Hogg

64

Page  42,  line  25  [Clause  72],  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 all the cirumstances of the case and

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

relationship with the defendant or if more than one with any defendant, of any

associates of the defendant or if more than one, any defendant or with any witness

to be called in the proceedings and to any other consideration that may be relevant

to the issue as the court may think appropriate.’.

David Howarth

Jenny Willott

19

Page  42  [Clause  72],  leave out line 30 and insert—

‘(b)	that there would be damage to property serious enough, either in itself or

cumulatively (taken with other threats to property or to the welfare of

persons), for a reasonable person with the resources of the witness to be

intimidated into refusing to give evidence,’.

Mr Douglas Hogg

65

Page  42,  line  33  [Clause  73],  leave out ‘C’ and insert ‘D’.

Mr Douglas Hogg

66

Page  42,  line  39  [Clause  73],  at end insert—

‘(aa)

the principle that witness anonymity orders are justified only in

exceptional cases;’.

Consideration of Bill: 24 March 2009

562

Coroners and Justice Bill, continued

Mr Douglas Hogg

67

Page  42,  line  39  [Clause  73],  at end insert—

‘(aa)

the gravity of the offence;’.

Mr Douglas Hogg

Mr Richard Shepherd

68

Page  42,  line  42  [Clause  73],  at end insert ‘and whether there is other evidence that

corroborates the witness’s evidence’.

Mr Douglas Hogg

Mr Richard Shepherd

69

Page  43,  line  6  [Clause  73],  leave out paragraph (e).

Mr Douglas Hogg

Mr Richard Shepherd

70

Page  43,  line  44  [Clause  75],  at end insert—

‘(6)	For the purposes of considering whether to discharge, vary or further vary the

order the courts 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 enquire into any matter that may be relevant to any issue set out in

subsections (1) and (2), and

(b)	to report his findings to the court.

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

order to discharge or to vary or further vary the existing order must make

available to the independent counsel all the information in relation to the

proceedings that is in the party’s possession, and where the court is acting on its

own initiative the independent counsel shall be provided with all such

information as the court may think appropriate.

(8)	Where an independent counsel has been appointed, provisions shall be made by

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

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

Parliament for that purpose.’.

Mr Douglas Hogg

Mr Richard Shepherd

71

Page  45,  line  9  [Clause  77],  at end insert—

‘(4A)

For the purposes of considering whether to discharge or vary the order the appeal

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

limiting the directions that the appeal court may give, the appeal court may direct

the independent counsel—

Consideration of Bill: 24 March 2009

563

Coroners and Justice Bill, continued

(a)	to enquire into any matter that may be relevant to any issue as is set out

in subsection (2), and

(b)	to report his findings to the appeal court.

(4B)	Where an independent counsel has been appointed, the appeal court may direct

that the independent counsel shall be provided with such information as the

appeal court shall deem appropriate.

(4C)	Where an independent counsel has been appointed, provisions shall be made for

the fees of the independent counsel together with reasonable expenses to be

determined and paid from money appropriated by Parliament for that purpose.’.

Secretary Jack Straw

129

Page  51  [Clause  88],  leave out lines 27 to 38 and insert—

‘(7)	Any examination of the accused in pursuance of a direction under

subsection (3) must take place in the presence of such persons as

Criminal Procedure Rules or the direction may provide and in

circumstances in which—

(a)	the judge or justices (or both) and legal representatives acting in

the proceedings are able to see and hear the examination of the

accused and to communicate with the intermediary,

(b)	the jury (if there is one) are able to see and hear the examination

of the accused, and

(c)	where there are two or more accused in the proceedings, each of

the other accused is able to see and hear the examination of the

accused.’.

Mr Douglas Hogg

Mr Richard Shepherd

72

Page  57,  line  18,  leave out Clause 96.

David Howarth

Jenny Willott

132

Page  58,  line  3  [Clause  97],  at end insert—

‘(3A)

After subsection (4) of that section insert—

“(4A)

In the case of the Secretary of State for Business, Enterprise and

Regulatory Reform, the Secretary of State must delegate his powers

under this section to a prosecutor designated under subsection (6A).”’.

Consideration of Bill: 24 March 2009

564

Coroners and Justice Bill, continued

David Howarth

Jenny Willott

31

Page  89,  line  3  [Clause  140],  at end insert ‘, but A is not to be regarded as securing

a benefit for B merely by supplying B without payment with information which B

incorporates in a publication for sale or in any other medium from which B derives

financial benefit’.

Secretary Jack Straw

131

Page  228,  line  34  [Schedule  21],  at end insert—

‘Section 10(1) to (7).’.

OrderS of the House [26 January and 4 march 2009]

That the following provisions shall apply to the Coroners and Justice Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 10 March 2009.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Consideration of Bill: 24 March 2009

565

Coroners and Justice Bill, continued

Coroners and Justice BILL (PROGRAMME) (NO. 2)

Secretary Jack Straw

That the Order of 26 January 2000 (Coroners and Justice Bill (Programme)) shall be

amended, in paragraph 2, by substituting ‘Tuesday 10 March’ for ‘Thursday 5 March’.

Coroners and Justice BILL (PROGRAMME) (NO. 3)

Secretary Jack Straw

That the Order of 26 January 2009 (Coroners and Justice Bill (Programme)) as varied

by the Order of 4 March 2009 (Coroners and Justice Bill (Programme) (No 2)), be further

varied as follows:

       1. Paragraphs 4 and 5 of the Order shall be omitted.

       2. Proceedings on consideration and Third Reading shall be concluded in two

days.

       3. Proceedings on consideration shall be taken on each of those days as shown

in the following Table and in the order so shown.

       4. Each part of the proceedings shall (so far as previously concluded) be brought

to a conclusion at the time specified in the second column of the Table.

        TABLE

	Proceedings	Time for conclusion of proceedings
	New Clauses, New Schedules and	The moment of interruption
	amendments relating to inquests
	into a person’s death that may be
	conducted without a jury;
	remaining New Clauses, New
	Schedules and amendments
	relating to Part 1; New Clauses,
	New Schedules and amendments
	relating to Part 2 except those
	relating to hatred on grounds of
	sexual orientation

	Proceedings	Time for conclusion of proceedings
	Remaining New Clauses, New	One hour after the commencement
	Schedules and amendments	of proceedings on the Bill
	relating to Part 2
	New Clauses, New Schedules and	One hour before the moment of
	amendments relating to Part 8;	interruption
	New Clauses, New Schedules and
	amendments relating to Chapter 1
	of Part 4; remaining proceedings
	on consideration

Consideration of Bill: 24 March 2009

566

Coroners and Justice Bill, continued

       5. Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on the second day.

---

Revised 24 March 2009