May I make a few very short points to amplify those things that I mentioned in the course of interventions?
Overall, this is a very good Bill. I respect and entirely accept the good intentions of Ministers in that regard, which is why I am saddened that, in relation to Lords amendment 1 in particular, we are in danger of undoing some of the good. We are in danger of damaging the reputation of a good Bill by what appears to be a degree of stubbornness. I do not blame the Minister personally for that; he has been most generous in his interventions. None the less, taking on board the evidence of the Lyons review and also of Sir Richard Henriques, lawyers whom I respect very greatly indeed, I cannot help but feel that the Government have failed to achieve a compromise that ought more readily to be available. I urge them to consider that in the time between the Bill’s leaving this House, if they have a majority tonight, and its going back to the other place.
For example, let us look at Lords amendment 1 in particular. It is pretty clear that, with the best will in the world, the service prosecution system, precisely because of the small numbers that go through it, will struggle ever to have the level of expertise required to deal with what in the civilian world would be regarded as RASSO—rape and serious sexual offences—cases. The CPS has specialist Crown prosecutors and specialist counsel. Cases are tried by ticketed circuit or High Court judges, who are specifically authorised to try cases of such gravity, where particular sensitivity is required with witnesses. The criminal procedure rules have a host of safeguards—both before and in the course of a trial—to ensure that complainants in the system are treated with the sensitivity that the nature of such a case should involve.
It might have been easier to sustain the position on Lords amendment 1 if we were simply talking in terms of murder and manslaughter, but even that would be stretching it. The inclusion of the rape and serious sexual offences element seems needless and not really supported
by the evidence. The Henriques argument will be stronger on the murder/manslaughter point, if there be any. I hope that Ministers will think about that again before the Bill goes back to the other place.
As we update criminal procedure—reference has already been made to section 28 and pre-recorded cross-examination —all those things require advocates on the prosecution side, investigators on the prosecution side, advocates on the defence side and tribunals highly experienced in these matters, and swift and prompt listing. I take the Minister’s point about concerns with delay, postings and so on, but in truth those issues apply in the civil courts as well. The answer is to have those cases expedited, rather than to take them out of the system; I hope that he will think about that.
My hon. Friend the Member for North Dorset (Simon Hoare) made an interesting observation about the jurisdictional position in relation to the Attorney General. I accept that that is a novel point, and perhaps it has some force that we have not debated enough. The answer, surely, rather than reject this amendment out of hand, is to seek a compromise, perhaps beefing up the protocol, in which the Director of Public Prosecutions has, in effect, a determinative role. Perhaps we could look at that as a model, rather than putting a Law Officer of the Crown into that unusual jurisdictional position. That ought to be done between now and the Bill’s return to the other place. I urge Ministers to think again on those important issues.
Let me turn to Lords amendment 2. I would hope that we could at least have a commitment that if the noble Lord Mackay’s amendment is not the vehicle through which to do it, the Government have a means of putting into law—either through this Bill or elsewhere—a commitment in law, as well as morally and ethically, towards the covenant. We all know that we all do have that commitment, but it would be a shame again to spoil the ship for a ha’p’orth of tar. I hope that Ministers will reflect on that.
I have had no involvement with the Bill before. I look at it simply as someone who has spent the whole of his life in the criminal justice system, both prosecuting and defending, including in courts martial as well as in civilian courts. I hope that those suggestions are constructive and might help us to find a way forward that can make an excellent Bill—one that leaves both Houses with a greater degree of consensus than we currently have on two difficult points.