EVIDENCE (AMENDMENT) BILL. (Hansard, 21 December 1915)

§ THE LORD CHANCELLOR

My Lords, I move, after Clause 2, to insert a new clause. The history of this Amendment may be present to your Lordships' minds. When the Bill was passing through the Committee stage the noble and learned Earl, Lord Loreburn, moved an Amendment which provided that the same results as follow upon this Amendment should ensue if, when any deposition was used at the trial, it was not substantiated in a material part by independent evidence. I pointed out then, for reasons which I explained to your Lordships, that we were unable to accept that Amendment, but I promised the noble and learned Earl that I would go as far as possible towards meeting his view, and this Amendment has accordingly been framed for that purpose. I know that it does not go as far as the noble and learned Earl desired. I know also, as your Lordships can readily 769 see, that it is open to the objection of being an illogical Amendment. It seems strange that if a man is convicted of an offence which is punishable by death he should be, by the peculiar character of the evidence given at his trial, subject only to imprisonment; but I realise that the noble and learned Earl's objection was due to his great anxiety lest sentence of death should be passed upon a man on account of evidence which might turn out to be unsubstantiated. I may say that I share that anxiety, and I have therefore been anxious to meet the noble and learned Earl's view by the introduction of this Amendment.