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

I find myself in complete agreement with the points made in the series of powerful speeches about this part of the Bill. Indeed, it is difficult to see how any objective observer could fail to be in complete agreement with those points. I support the amendments put forward by Opposition Front-Bench Members, and others. I hope to vote for them later this evening, but I do not intend to engage on those issues in what I hope will be a brief contribution to this debate. Indeed, so comprehensive and compelling have been the arguments so far put forward that I am certain that I would be unable to add to or enhance them in any way. Instead, I want to make a particular point that relates to the proposed admissibility of intercept evidence at coroners' inquests from which the jury has been excluded—as they would be if the provisions of the Bill as it stands reach the statute book. The Home Secretary has recently appointed me to the advisory group of Privy Councillors that is concerned with the implementation of the Chilcot committee's recommendations on the admissibility of intercept evidence in criminal trials. The make-up of the committee is in fact identical to that of the original Chilcot committee, except that I have been appointed in place of my right hon. and noble Friend Lord Hurd of Westwell. The only other member of the committee who is a Member of this House is the right hon. Member for Berwick-upon-Tweed (Mr. Beith), and I am delighted to see him in his place this evening. Obviously, the views that I express this evening are mine and mine alone. I do not purport to speak on behalf of the committee in any way. It is, however, fair to say that the committee as a whole has been impressed with the way in which the officials who have been charged with the task of implementing the original recommendations, which were of course accepted by the Government, have set about their task. That task is not an easy one. The Chilcot committee report set out nine requirements that must be met to ensure that the United Kingdom's strategic intelligence capability is safeguarded, and that the ability of intelligence and law enforcement agencies to protect the public is not harmed if intercept evidence is made admissible. I do not intend to go through all nine requirements this evening, but they include provisions relating to the retention of raw intercepted material and to the examination and transcription and note taking of intercepted material. In all, they add up to a comprehensive series of safeguards designed to minimise and, if possible, eliminate any risk to national security arising from the admissibility of intercept evidence. It therefore came as a surprise, to me at least, to see the provisions of the Bill that allow for the admissibility of intercept evidence in coroners' inquests without a jury, and to see that there was no reference to those safeguards, and indeed no hint of their necessity. Of course, I appreciate that the disclosure envisaged in the Bill would be limited, but that does not dispose of some of the questions that could arise. For example, the way in which intercept material is prepared—an issue to which I have already referred—is, on the face of it, relevant whether we are talking about intercept disclosed in the circumstances envisaged under the Bill, or intercept disclosure in criminal proceedings. Other questions arise, too. What if the verdict of an inquest that is based on intercept evidence, among other things, leads to a prosecution, or is challenged through judicial review? It may well be that the Government have thought through all the implications of the change, and have convincing answers to all those questions. I hope that they do, in which case I look forward to hearing them from the Minister at the end of the debate. Should that not prove to be the case, a great deal of further thought would be required before the provisions find their way on to the statute book.