Criminal Cases Review Commission (Information) Bill

Lord Beecham Excerpts

Friday 11th March 2016 Lords Chamber

[Lord Mackay of Clashfern (Con)]

My Lords, obviously, this amendment raises matters of considerable interest. I should have thought that proposed new subsection (8)(a) to (c) would inevitably be either part of the new rules or considered already part of the existing system. I find difficulty with proposed new paragraph (d), because it seems that if proposed new paragraphs (a) to (c) are satisfied, that should be sufficient to allow the matter to proceed. It is also very important, as the noble Lord, Lord Ramsbotham, said, to recall that, as far as I know, no complaints about the procedures of the CCRC have been made since it was set up, when I had some responsibility in this area. So I think we can safely leave these issues to be determined in terms of the criminal rules if necessary, while realising that we appreciate the importance of these issues subject to the omission of proposed new paragraph (d) in the amendment.

[Lord Beecham (Lab)]

My Lords, I begin by echoing the remarks of my noble and learned friend Lord Falconer in congratulating the noble Lord on bringing the Bill forward. I also congratulate the noble Lord, Lord Beith, and the Justice Select Committee on their work, which has informed this process.

At Second Reading, the noble Lord, Lord Black, touched on the concerns which are now reflected in the amendment. I do not often support policies or philosophies advanced by those closely associated with the Telegraph but on this occasion I have every sympathy with them. My initial reaction was to believe that it would be sensible to pass the amendment. However, having heard from the noble Lords who have addressed the Committee today, I am persuaded that it is unnecessary to write the rules for the commission when it is clear from its track record that it is in any event very likely to incorporate them. I am sure that the commission will look carefully at the tenor of today’s debate and the Second Reading debate before finalising its ultimate response, assuming that the Bill secures its enactment with the approval of the House of Commons.

I certainly bear in mind the time constraints and perhaps the undesirability of adding material which may in any way impede the progress of the Bill when it is considered in the Commons. In the circumstances, therefore, I certainly join others in respectfully advising the noble Lord not to press his amendment. However, I hope that the Minister will clearly put on the record support for what lies behind the amendment, as I think that will assist in securing the positive response from the commission that all of us wish to see.