Question proposed, That the clause stand part of the Bill.

Will the Minister tell me, when we consider the clause, what change there is from existing provisions on business documents?

Broadly, none. However, let me spell out the position for the record. The clause broadly corresponds to the present position for admitting business records and other documents under section 24 of the Criminal Justice Act 1988, subject to a small drafting improvement recommended by the Law Commission. It clarifies that in cases where a

statement has been prepared with an eye to criminal proceedings, it would be admissible only if the witness who supplied the information, rather than the maker of the statement, is unavailable to give evidence.

As a class of evidence, business documents are likely to be far more inherently reliable than many other types of evidence before the courts. In many cases, there could be no better evidence than a business document compiled by someone who was knowledgeable about the matters in it, and it is widely accepted that business records constitute a particularly necessary form of evidence in many cases. We believe that reliable business documents should be automatically admissible. As a safeguard, however, the court also has the power to direct that the statement shall not be admissible as a business document when there is reason to doubt its reliability.

I hope that I have answered the hon. Gentleman's question.

Question put and agreed to.

Clause 101 ordered to stand part of the Bill.