House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 24 March 2009
163

Coroners and Justice Bill, continued

corroborates the witness’s evidence’.

Mr Douglas Hogg

Mr Richard Shepherd

Not called  69

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

Mr Douglas Hogg

Mr Richard Shepherd

Not called  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

Not called  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—

(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.

Report Stage Proceedings: 24 March 2009
164

Coroners and Justice Bill, continued

(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

Agreed to  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

Not called  72

Page  57,  line  18,  leave out Clause 96.

David Howarth

Jenny Willott

Not called  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).”’.

David Howarth

Jenny Willott

Not called  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

Report Stage Proceedings: 24 March 2009
165

Coroners and Justice Bill, continued

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

financial benefit’.

Secretary Jack Straw

Agreed to  131

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

‘Section 10(1) to (7).’.

Bill read the third time and passed, on division.