Coroners and Justice Bill

A number of hon. Members wish to speak and there is a lot of business to be got through, so I shall attempt my own exercise in gisting. The key issue involved here is that of public confidence, as other hon. Members have said. I was involved in the Ricky Reel case, which some may recall—my right hon. Friend the Lord Chancellor certainly will, because he was exceptionally helpful. A constituent of mine went missing following a racial attack and was subsequently found dead. It was a most distressing case in which the most critical issue for us was to ensure that the interests of the family were protected, that they gained as much information as possible and in the end at least felt that they had had a fair hearing. I also met the de Menezes family and their lawyers, and discussed some of the issues that arose out of that case. The concern that a number of us have is that although the Bill contains elements relating to coroners that we wholeheartedly support, because they are a significant move forward, on this clause 11 issue we share the view of the Royal British Legion. My hon. Friend the Member for Hendon (Mr. Dismore) read a quote from it, but he failed to include the first sentence. The Royal British Legion stated:""As long as Clause 11 remains in the Bill, we regret it may not be possible to dislodge the perception that crucial evidence will be heard behind closed doors."" That is the key issue, because the provision is a step too far in terms of public confidence. It is regrettable because the system has evolved in a way that has adapted to the needs of national security and other issues—the de Menezes case certainly exemplifies that—without undermining overall public confidence. This measure would be a step too far and it would undermine public confidence. As my right hon. Friend the Member for Holborn and St. Pancras (Frank Dobson) has said, the whole panoply of methods was used in the de Menezes case. The High Court judge who was appointed to undertake the case was able to judge on public interest immunity applications, and he did so. However, he did so in such as way as to enable the process of evolution throughout that hearing, so that where he ruled in respect of PII that certain information was not to be provided, he also ruled that some information could be provided to the legal teams on the strict understanding of confidentiality and security. In that way, at least some element of confidence was maintained that the family was having access to that information. My key point is that their own lawyers, whom they had appointed, were able to see that information. I can understand why people are arguing for the introduction of special advocates, but they have not had the public confidence that is instilled when one appoints one's own lawyer. I was involved in the early Special Immigration Appeals Commission cases when the Sikh gentlemen were arrested, and the key issue was that the special advocate was not able to communicate the full range of information to the person they were meant to be representing. At least in the de Menezes case there was a line of communication and where there was a common agreement that only certain information was provided, the idea of gisting was brought forward and summaries were provided to the family, and in that case confidence was maintained. I am concerned that the processes that the Secretary of State has brought forward to improve on the original proposals certainly do not go far enough and do not tip the balance in maintaining public confidence. In parliamentary procedural terms there is a phenomenon called Strawism, whereby one produces a Bill that throws in the entire kitchen sink and is so outrageous that the House recoils from it, and one then introduces a series of amendments and Members skip through the Lobby happily, thinking that they have obtained major victories and amendments. This is not an example of Strawism in extremis, but it is close to it. I do not think that the Bill has gone far enough in protecting the interests of the families—those who have lost loved ones—and in maintaining public confidence. On that basis, clause 11 needs to be withdrawn, and that is why I shall support amendment 2.