Clause 98 - Admissibility of hearsay evidence
Criminal Justice Bill
9:10 am
Mr David Heath (Somerton and Frome, Liberal Democrat)
Thank you for that timely advice, Mr. Illsley. I do not think I have ever been guilty of that crime.
First, I corroborate the impression—perhaps hearsay evidence—of the hon. Member for Beaconsfield (Mr. Grieve). I formed the same impression from our discussions with Lord Falconer. It gave me, a non-lawyer, cause for concern that his attitude was more cavalier than I might have expected.
I entirely support the hon. Gentleman's argument about amendment No. 403. We have encountered the difficulty several times before during our consideration of the Bill that an inclusionary, rather than an exclusionary, approach to drafting seems to have been taken. That is despite the fact that when one analyses what is meant, the provisions clearly intend to exclude inappropriate evidence, except in particular circumstances. I would accept the suggestion that the difference between the two formulations is one of mood music rather than reality, but it is important mood music. It is important that the statute is couched in the correct form. I, too, support the formulation and general approach that he suggested.