My right hon. Friend is right about that, but there is still the question of how the judge may decide the case. We did not have that problem in the de Menezes case to start with. The problem is that certification can be challenged only by way of judicial review of whether the Secretary of State was right in his decision to certify something as being against relations with another country. The judicial review test is, of course, an awful lot higher than a simple appeal, which would have been an option. [Interruption.] The burden is more difficult for the people making a challenge. One option might be to say that the High Court judge could look at the certification under the normal appeal process and decide whether it was justified, without its having to satisfy the judicial review test, which would require a much higher standard.
Coroners and Justice Bill
Proceeding contribution from
Andrew Dismore
(Labour)
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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Reference
490 c88 
Session
2008-09
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