That brings us back to judicial review, I am afraid. That would be the answer to someone saying, "This measure does not prevent crime or protect the life of a witness—the Executive are being unreasonable in saying such a thing." That would be a matter of challenge through judicial review.
When people say that the measure is still not right, and that work needs to be done in the other place, what comes to my mind are the remarks of the Secretary of State, when he said that a judge would bend over backwards to use other powers so as not to exclude a jury from an inquest. The amendment does not use words "bend over backwards", but equally it does not use a qualification that would be recognised in legal terms to ensure that a jury would not be empanelled only in an in extremis case. In that sense, a bit of work might still need to be done on the measure.
Coroners and Justice Bill
Proceeding contribution from
David Kidney
(Labour)
in the House of Commons on Monday, 23 March 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
Reference
490 c112 
Session
2008-09
Chamber / Committee
House of Commons chamber
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