I fear that the Secretary of State is not listening to me develop my argument. From the moment I mentioned "inquiry", he seized on the word and played around with it rather despairingly to try to persuade me and the House that there is a serious flaw in my argument. I do not believe that there is.
The inquiry route currently exists, but has hardly been used. When we considered 42-day pre-charge detention, we pointed out that the Civil Contingencies Act 2004 provided a mechanism in extremis for resolving an issue and extending detention, and that that was a better route than extension to 42 days. Although I have no desire for an inquiry to substitute for an inquest, if the problem is reduced, in the final analysis, to the one or two cases over a long period that the Government say they cannot take before a jury in an inquest—I still hope that ways to enable that to happen could be found, especially if we ever reach the point when intercept is admissible for all juries, and having vetted juries, if necessary—let the Government at that point come to the House, make a statement, after which there would doubtless be questions from hon. Members of all parties and polemic, and end up with the second best option. Although an inquiry may answer the Government's questions, I doubt whether it answers those of the public.
The Secretary of State's model is unsatisfactory because the way such things work suggests that every time an inquest presents a difficulty, instead of trying to find every means of resolving it in the existing system—the onus and pressure being on the Government to act in that way—there will be a temptation to say, "Well, we have a procedure voted on by Parliament, and we should go and see the judge, who'll make decisions and we may end up with an inquest without a jury." In my view, that is no better—and cannot be any better—than an inquiry, which will involve the polemic of the Secretary of State's coming here.
Coroners and Justice Bill
Proceeding contribution from
Dominic Grieve
(Conservative)
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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490 c84 
Session
2008-09
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