UK Parliament / Open data

Terrorism Bill

Proceeding contribution from Charles Clarke (Labour) in the House of Commons on Wednesday, 9 November 2005. It occurred during Debate on bills on Terrorism Bill.
Following our exchanges in Committee, I set out clearly to all Scottish Members—I think that the hon. Gentleman will have received my correspondence—the range of issues relating to that particular set of questions. I believe that that addresses the question that he has raised. If not, and he is indicating that it does not, I shall come back to him on the point later in the debate. In Committee, it was suggested that it was not only the level of judge that was important, but his experience of handling terrorist cases. It was suggested that there should be a cadre of judges designated for that purpose. We have explored that suggestion with the Department for Constitutional Affairs, but it and the judiciary rejected that approach, so it has not been pursued. Another option raised in Committee, following Lord Carlile’s recommendation, was for decisions to be taken by senior circuit judges, with an avenue of appeal to a High Court judge. In our view, that would lead to an appeal in virtually every case with the cases eventually being decided by a High Court judge, so we have achieved the same result with fewer hearings. I can easily explain the effect of the amendments and I have also dealt explicitly with the proposals made by the hon. Member for Stone (Mr. Cash). It was also suggested that judges should give reasons for their decisions to extend detention. The clear advice we have is that that would open up an avenue of appeal. There is also the risk that the judge might have decided to grant the extension on the basis of sensitive material, so we have decided not to proceed with that suggestion.
Type
Proceeding contribution
Reference
439 c326-7 
Session
2005-06
Chamber / Committee
House of Commons chamber
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