The Government seem to think there is some way in which the family could understand the whole case except for the most important part. That cannot be satisfactory.
What can be done instead is for the coroner to take measures to protect the identity of police undercover agents and informers, for example, to make sure that those people are not endangered by the information's coming out, and when that has been done, to allow the family back into the proceedings. They will then find out the nature of the events that led to the death of their relative. They do not need to know the exact identity of police informers or of undercover officers to understand that.
The Government's attempt to change their proposals should to some extent be welcomed, because they are moving on the issue, but like many other hon. Members I do not believe that they have moved far enough, especially on the crucial question of the jury and on families. What will happen when the Secretary of State says to the court, "Judge, the following information is protected. Remove the jury in this case on the basis of what we tell you." What other information, at that point, will the judge have? The judge will have only the information from the Government. Given the nature of the proceedings, they will have to be held in camera, and will be practically unchallengeable.
Even if the Government come up with a variety of reasons why the House should not accept our new clause 14, which is our attempt to put forward an alternative to the Government's proposal, it is entirely fair to expect them to justify their new proposals. For that reason, I shall seek at the appropriate time to divide the House at least on amendment 2, which has the effect of removing clause 11.
Coroners and Justice Bill
Proceeding contribution from
David Howarth
(Liberal Democrat)
in the House of Commons on Monday, 23 March 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
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Proceeding contribution
Reference
490 c73 
Session
2008-09
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