Clause 38
Serious Crime Bill [Lords]
6:00 pm
Vernon Coaker (Parliamentary Under-Secretary, Home Office; Gedling, Labour)
I am afraid that we shall resist the amendment. It is unnecessary in relation to the subject of the order, who would be the originator of the document would therefore have had the opportunity to make copies. In relation to third parties, it does not follow that, simply because a third party has been given leave to make representations under clause 10, they should have access to all the material produced under the terms of the order. The subject of an order should not need to make an application to the court every time that he wishes the contents of a document that he has provided not to be passed on to a third party. That would be wholly unreasonable to the subject of the order.
In addition, the amendment could put in jeopardy possible subsequent investigations or prosecutions, as it makes no allowance for the applicant authority or law enforcement agency to make an application to the court for non-disclosure. In the light of those comments, I ask the right hon. and learned Gentleman to withdraw his amendment.