I indicated at Second Reading that I strongly support this Bill, which implements a proposal made by the Justice Committee when I chaired it in the House of Commons. However, I have some sympathy with the points that the noble Lord, Lord Black, has raised, and I indicated that at Second Reading. It is no part of the intention of the Bill to pose a general threat to journalistic sources or indeed to professional or legal privilege. I therefore look forward, as does the noble Lord, to what he described as the “reassuring balm” that might come from the Minister, but perhaps a little more as well: some clarification of the extent to which existing law and practice, when combined with this legislation, should not pose the kind of threats that he is worried about.
I would not be entirely happy with the wording of the noble Lord’s amendment anyway. Proposed new subsection (8)(d), which would become new Section 18A(8)(d), says:
“taking into account the circumstances, there is no significant reason why the information should not be disclosed”.
Of course a significant reason might be that the disclosure of the information in this case might lead future potential sources not to have confidence in doing so. There might be the overriding reason in the commission’s mind that someone who was serving a long-term imprisonment might have their innocence proven if the necessary information was obtained.
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These are delicate judgments but a Crown Court judge is perfectly capable of making them, having regard to things such as the European Convention on Human Rights as well as other parts of the law, which have long protected both professional privilege and journalistic sources. In addition, I would not want the delicate and fragile processes of getting Private Members’ Bills through both Houses of Parliament to impede the passing of this piece of legislation. I remind your Lordships of the number of times when lack of a suitable legislative vehicle has been advanced as the
reason why this widely accepted improvement in the commission’s ability to do its job should not be brought into law. We must not pass up this opportunity. Therefore, I hope that the Minister in her reply will give sufficient assurance to all of us that we should not need to pass this amendment.