Counter-Terrorism Bill

I share my hon. and learned Friend's concerns. Clause 64 proposes that the Secretary of State be given an astonishingly wide-ranging power to remove a jury from an inquest if he or she believes that evidence will be heard that should not be made public. Rule 17 of the Coroners Rules 1984 already gives the coroner powers to direct that the public be removed from an inquest if sensitive matters of national security are raised. If inquests take place behind closed doors, it will be hard for bereaved families and the public at large to allay any suspicions of unlawful conduct. Clause 65 will create a new class of specially appointed coroner and thus give rise to the appearance, as has been noted by the Joint Committee on Human Rights, of political interference with the proper functioning of the inquest. The Government believe that the Committee's fears are misplaced because the measure will allow the specially appointed coroner to examine materials not disclosable to his or her coroner colleagues, the jury, the family of the deceased or their legal representatives. I find it hard to believe that that defence of clause 65 will prove persuasive for bereaved families or their representatives, let alone the European courts. Instead, it risks undermining public confidence in the Government's commitment to strengthen the independence of the judiciary. Investigations of the deaths of service personnel in times of war and conflict pose many new challenges for an inquest system in urgent need of reform. The coroners of Oxfordshire and Wiltshire in particular bear a heavy burden in overseeing the determination of the causes of death in exceptional circumstances. With limited resources, the courts have sought to involve families who are distressed and sometimes very angry. Officials have provided first-class support and advice. Legal representatives of the families have battled to secure exceptional funding and fought for an open, transparent process. Juries have been diligent in performing their functions. All those involved are conscious of the vulnerability of the armed services to unfounded accusations and of their sensitivity to unwarranted criticism. In such circumstances, it is even more important that the independence of the inquest system should be safeguarded and the integrity of its procedures protected. Concerns about these controversial proposals have been expressed by the Chairs of the Joint Committee on Human Rights and of the Justice Committee. I can only concur with their opinion that the Bill is not the appropriate vehicle for introducing the proposals. If such proposals are to be introduced, the proper vehicle for their consideration is the coroners Bill.