Legislative Scrutiny: Crime And Courts Bill Fifth Report Of Session 2012-13 Report, Together With Formal Minutes And Written Evidence: House Of Lords Paper 67 Session 2012-13

The Committee expresses concern about the lack of clarity in the Bill introduced by the power to confer counter-terrorism functions on the National Crime Agency, since the need for this has not been demonstrated and the intended review of current counter-terrorism policing structures in England and Wales has not yet been carried out. The Committee is also concerned about provisions for the National Crime Agency to be exempt from freedom of information legislation. The Committee welcomes measures in the Bill to promote diversity in judicial appointments, although it believes the Bill does not go far enough in this respect. The Committee does not agree with the Bill's proposal to allow the Lord Chancellor to sit as a member of the selection commission for the appointment of the President of the Supreme Court and the Lord Chief Justice, in place of his current power of veto over the recommendation of that commission. The Bill confers on the Lord Chancellor a broad power to lift the current restrictions on filming and broadcasting of court proceedings.But However, despite the safeguards in the Bill and the Government's stated intention to proceed incrementally, the Committee is concerned that vulnerable victims and witnesses may be deterred from the judicial process and that certain defendants may not receive the protection their vulnerability demands. The Committee urges a much more cautious approach and recommends, before any extension of this power, that the Government conduct a more comprehensive public consultation, carry out a more detailed impact assessment, and conduct a review of the operation of this power after an elapse of years.