My Lords, the particular paragraph (b) in the Government’s amendment that is the subject of the amendment in the name of the noble and learned Lord, Lord Lloyd, says: "““The judge … may impose such conditions as appear to be necessary in the interests of justice””."
That allows the judge, if he wishes, to circumscribe the area of questioning. The only reason for my slight doubt about this interpretation is that apparently the Crown Prosecution Service and the procurator fiscals in Scotland—I think the Lord Advocate was also mentioned—objected to the further provision in the clause. They are not infallible, of course, and what is left may be sufficient for the purpose of securing the basic idea that the noble and learned Lord, Lord Lloyd, has in mind.
It occurs to me that so much in the development of questioning depends on the answers. At the stage at which the judge authorises this questioning, he will not have a very full idea of what the answers may be. I am sure that the noble and learned Lord has, in his long experience, occasionally come across surprising answers, even to questions that he has asked. The scope of the questioning may depend on how the answers develop. This is a developing theme. At the moment, I am prepared to leave this on the basis that the judge may impose conditions that appear to be necessary in the interests of justice on the questioning that he has authorised. If he thinks it necessary to specify the matters on which that questioning should proceed, he could certainly do so.
Counter-Terrorism Bill
Proceeding contribution from
Lord Mackay of Clashfern
(Conservative)
in the House of Lords on Tuesday, 4 November 2008.
It occurred during Debate on bills on Counter-Terrorism Bill.
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2007-08Chamber / Committee
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