My Lords, I will speak briefly in support of the proposal that special advocates should be available in the type of case that is under consideration. Perhaps it is worth reminding noble Lords that special advocates have proved not only useful but very effective in control order cases involving terrorism suspects that have gone before the High Court. There are a number of cases—a number increasing almost day by day as we speak—in which special advocates have been able to persuade the court that there are circumstances militating against either the control order itself or certain conditions under it.
I apprehend that special advocates in witness anonymity cases will be used very rarely; nevertheless, it is my view that some of these cases are extremely complicated evidentially and that there is justification in scrutinising the circumstances in which what amounts to secrecy is being imposed. I therefore urge the Minister when he replies to consider whether, in a residue of cases where there are circumstances that require special inquiry, the power should be provided so that special advocates can be appointed. I think that it needs to be put in statutory form because, if it is not, they will suffer the indignity if appointed under an inherent power, if it exists, of not being paid.
Coroners and Justice Bill
Proceeding contribution from
Lord Carlile of Berriew
(Liberal Democrat)
in the House of Lords on Wednesday, 28 October 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
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713 c1198 
Session
2008-09
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