AMENDMENT TO COMMONS AMENDMENT NO. 9 (Hansard, 5 July 1995)

§ Lord Macaulay of Bragar
My Lords, I beg to move Amendment No. 9B as an amendment to Commons Amendment No. 9.
This is a short amendment which I hope will meet with the Government's approval. It seeks to give 14 days' notice within the terms of Commons Amendment No. 9 and to ensure that a person involved in a case can have adequate notice to pursue the matters covered by the debate that we have just had. It seeks to give the defence an opportunity to make proper inquiries as to people who have disappeared, are not available or cannot be found. As the noble and learned Lord, Lord McCluskey, said, if a person is ill he might be fit to appear within a certain period of time. On that basis, I beg to move.

§ Lord Rodger of Earlsferry
My Lords, although I understand the intention behind the amendment, it is not well taken. It would impose a limit of 14 days but, as noble Lords will realise, such circumstances could arise within 14 days of the commencement of a trial. It could happen that somebody who was available at the start of the 14-day period was subsequently not available. The person may have died, for example. In that situation it does not seem appropriate to require that notice should he given within 14 days. Therefore we do not prescribe a limit to the notice but say that it must be given. It will of course be obvious that if it is given too late a judge will have to consider whether to allow an adjournment or whatever it may be. I hope with that assurance that the noble Lord will feel able to withdraw the amendment.

§ Lord Macaulay of Bragar
My Lords, I am obliged to the Minister for that explanation. I am not entirely convinced, but we shall look with interest at what the noble and learned Lord has said. In the meantime, I beg leave to withdraw the amendment.