I could not think of one either. We briefly discussed vetting juries in Committee, but the Government's only reply was that the standard for vetting juries for espionage trials and terrorist cases would be too low for such inquests. I find that just incomprehensible.
In the end, the debate comes down to the point that the hon. Member for Hendon made. The crucial question is this: if the process now proposed by the Government had been in place in the past 10 years, would it have affected important inquests such as the de Menezes inquest? Would the Government have asked for the jury to be removed? I have no doubt that they would have asked for that and that they would have put in place that certification. The Government's only defence is that perhaps the Secretary of State would have been found to be mistaken by the judge and perhaps the judge would have applied the words of the statute in a way that would not be justified and overturned the Secretary of State's judgment. That seems highly unlikely, given what is being proposed this evening and—this is the point that the hon. Member for Walthamstow made—given that the only arguments and evidence before the judge at that point would be those of the Government. We are talking not just about national security, but about that broad range of items, which are not those about which the Executive would have better knowledge than anybody else.
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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Reference
490 c116 
Session
2008-09
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