MPs consider anonymous witness laws

Justice secretary Jack Straw has set out the government's plans to allow anonymous witnesses in some court cases.

The Criminal Evidence (Witness Anonymity) Bill was on Tuesday going through all of its Commons stages.

Unveiling the legislation, which the government hopes to pass before recess on July 23, Straw said judges would be given powers to protect the identity of some witnesses.

Under the measures, judges would be able to grant anonymity in certain trials, including organised crime, murder and terrorism.

Straw pointed to a law lords ruling on June 18 that defendants should know who was testifying against them.

Prosecutors and police are concerned that high profile trials which have used anonymous witnesses could open appeals after a £6m murder trial was halted as a result of the decision.

Straw told MPs that the lords had warned of a "growing threat to the administration of justice posed by victim intimidation".

"So the government and I'm glad to say the House as well has accepted the invitation by their lordships urgently to consider filling the void which was left by their June 18 judgement," he said.

The secretary of state said that there has been "an intensive period of consultation" since he announced the plans on June 26.

And he went on to praise the Conservatives and Liberal Democrats "for the constructive approach which they have adopted in the course of these consultations".

The legislation was essential in "live" cases relating to guns, gangs and drugs which "typically involve the gravest crimes, which give greatest cause for public concern", he said.

He also insisted that most people accepted the "need for speed" in this case.

'Too broad'

However the Bar Council, which represents 17,000 barristers, warned that the move was "too broad" and called for the legislation to be changed.

Chairman Tim Dutton QC said: "The Bar Council is concerned that the bill sets out circumstances in which an application can be made for witness evidence to be given anonymously which may be too widely drawn.

"'Harm to the public interest' is a legitimate concern if it means a threat to national security but as it currently stands we believe the Bill is too broad.

"Many prosecution witnesses might fall within the Bill's public interest condition when there is no real need for them to do so."

He added: "One of the most important tools in the criminal justice system is the advocate's right properly to test contested evidence by cross-examination.

"Where a judge and jury can see the demeanour of a witness but a barrister cross-examining cannot, this vital means of testing prosecution evidence is substantially weakened and in some cases could be undermined."

'Stop gap'

The Conservatives support the move and are likely to vote with the government, but have warned that the history of emergency legislation was "not a happy one".

Justice minister Maria Eagle acknowledged there was "some danger in hasty legislation" and announced plans to adopt a "sunset" clause.

This would allow the legislation to lapse at a later date and would act as "a stop gap" ahead of full scrutiny.

"There will be further legislation - a law reform Witnesses and Victims Bill - within which we will subsume the contents of this Bill and enable the House, in the next session, to have full parliamentary scrutiny in the normal way," she said.

"But at the same time we will have cover for the urgent problems caused by the sudden arrival of their lordships' judgment."

Earlier, justice minister David Hanson told ePolitix.com that Parliament would debate the measures fully later in the year.

"There is a gap, currently, which has been shown by the law lords' judgement... and what we've needed to do is fill that gap with legislation to ensure that the anonymity of witnesses is protected where a judge deems it necessary," he said.

He added that the government had taken "early steps to fill that gap" and would be bringing forward full legislation for "proper long-term scrutiny".

Hanson said: "We're going to reintroduce the clauses for proper scrutiny in the legislation later this year.

"So although it is emergency legislation and we will be taking it through very quickly, there will be an opportunity to revisit this in the autumn post-Queen's Speech, which I think we've got all party agreement on to help be done in a proper and effective way."

The minister said he was "fairly confident that we'll be able to get all-party support for the measures before the summer recess".

Asked about what safeguards there would be to ensure that the move did not compromise fair and open trials, Hanson said there would be "measures there which will reassure the public and the Opposition" that the move was necessary.

"The situation with regard to anonymous witnesses is that a judge has to agree to these steps being taken," he said.

"But the key thing is that we will be revisiting this later this year - these emergency proposals are to cover the current gap following the law lords' ruling recently."