Counter-Terrorism Bill

Clause 77 and some of the following clauses propose that inquests could be held without a jury and with a specially appointed coroner, appointed by the Secretary of State. The Government proposed that this could happen in three cases: in the interests of national security; in the interests of a relationship between the UK and another country that might become embarrassing; and in the public interest—which is extremely wide. As the Minister has been kind enough to put his name to my opposition to clause stand part, I do not intend to make a very long speech on why the Government’s proposition is such a dangerous and undesirable one. However, the Minister said in his letter—for which I thank him—that the Government are withdrawing the proposal only so that they can bring it back in the more appropriate Coroners Bill. I therefore need to make a few substantial points on the Government’s thinking. We agree that the Coroners Bill is a far better place to debate the proposals, but we hope that the proposals will be far more focused and much narrower when they are brought back. The historical precedent for having coroners deal with deaths, particularly those that occur at the hands of the state, is extremely important, and one that we do not intend to see either diluted or given up. The office of coroner dates from 1194. Coroners investigate more than 200,000 deaths a year in this country and hold inquests into some 25,000. Very few of these cases involve deaths at the hands of the state and its agents, but it is especially these cases that need to be investigated and need an independent coroner and jury. How else can society maintain confidence in the state when people are, for example, shot by the police or die in custody? It is very important that the laws are followed and society’s interests are guarded. It is critical for maintaining the confidence of society that this is not seen as an executive decision followed by a secret executive inquest. Many Members of the Committee have a far greater knowledge of the 1988 SAS shootings in Gibraltar than I do. The state’s effort to keep that matter out of the public gaze—and the battle to allow screening of the ““Death on the Rock”” film which was won by my late and much lamented friend Lord Thomson of Monifieth—is a lesson that we should all take. The incident shook the public core, and there are important lessons to be drawn from it.