Counter-Terrorism Bill (Programme) (No. 2)

I want to make three points. First, my amendment No. 46 proposes that post-charge questioning should not come into effect until the codes of practice have been approved under the affirmative procedure of this House. However, the Government's new clause seems to meet that objective, and I welcome it. My second point has to do with judicial supervision, which I believe should be conducted by the Crown court rather than by the justices. To that extent, I very much support new clause 4 and the amendments tabled by my hon. and learned Friend the Member for Beaconsfield (Mr. Grieve). It is preferable that a Crown court judge—who in any event is likely to be seized with the case—should have the supervisory role, rather than the justices. In part, that reflects my unease about the justices' courts, which are not always as fully aware of the relevant facts as perhaps they should be. My final point relates to the law of unintended consequences. It is obviously right that we should lay down the statutory framework within which the judicial approval for post-charge questioning should be sought, but I am slightly troubled that we may have produced proposals that would prevent post-charge questioning when that is what alleged offenders want. For example, they may want to have their previous statements clarified, or they may have found material that supports what was said in previous interviews. In such circumstances, they may want to be interviewed again, post-charge. I am not absolutely clear in my own mind as to whether what we are discussing now would preclude that happening, but it might, and the Government should reflect on that possibility. I recognise that we cannot resolve the problem today but, if my anxiety turns out to be well placed, the other place is the proper place for that.