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Justice and Security Bill [Lords]

It is pleasure to follow the right hon. Member for Blackburn (Mr Straw), the former Home Secretary, and the House will give due weight to his considered contribution. This Bill is clearly important. The world outside might not have realised that it is in three parts: the third is the ancillary part and is very small, the first appears almost to have consensus on both sides of the House, and the second is clearly still controversial.

Let me first say a word about part 1. Ever since I have been in this place, I have felt that it was right that the responsibility for intelligence and security matters should transfer from the Prime Minister to Parliament. It has been a gradual, careful and considered process, but it is right that we have now done that as all three major parties made a commitment that it should happen. I pay tribute to the current Committee and its predecessors, but it is clearly right that people elected by the people should hold our security and intelligence services to account. With some small further changes that colleagues have debated, we will be on the right track and I anticipate that the newly reconstituted Committee will soon be doing a very important job. I pay tribute to all colleagues who are members of the Committee.

That leaves part 2, which is about the hugely important issue of how we deal with civil cases—I repeat, civil cases—in which there are intelligence issues that cannot easily be shared with the watching world. I say civil cases, but there is one question that was not entirely answered by my very good and noble Friend Lord Wallace of Tankerness, who spoke for the Liberal Democrats and the Government in the House of Lords, when he was asked about the application of habeas corpus, which is not necessarily a civil case in the full sense. He was not entirely clear whether closed material proceedings could apply in a habeas corpus application, and that will need to be specifically addressed as we have to know exactly where we stand as we deal with the Bill.

When the first proposals were published in the Green Paper, my Liberal Democrat colleagues and I were extremely nervous about them. We were concerned that they gave far too much power to the state and far too little power to the courts, and that they crossed the line between the open courts we have always accepted as the right principle and courts with a restricted process. The former Secretary of State for Justice and Lord Chancellor, the Minister without Portfolio, fairly said that the Government wanted to consult and they did, and they have listened to the responses to the Green Paper. There is an argument that there could have been a White Paper, but that is not a central argument for today. It is particularly helpful that not only at the beginning, but by the time the Bill came to the Lords, some changes had already been made. My right hon. Friend the Deputy Prime Minister and colleagues had argued for these changes and set out what, for us, were the bottom lines. In April that was made clear. One of them was that we should restrict the scope of the Bill to national security cases only: done. The second was that we should remove inquests: done, although I hear what the right hon. Member for Salford and Eccles (Hazel Blears) said. There is an inquest question and I do not want to be dismissive of that. The third was ensuring that closed material proceedings were triggered by an application to a judge, not by a decision by Ministers.

Those steps represented good progress. The Bill then went to the Lords, where it was the subject of long deliberation. It was also examined by the Joint Committee on Human Rights. I pay tribute to my hon. Friend the Member for Edinburgh West (Mike Crockart) who served on the Committee for almost its entire work on the Bill. I declare an interest: I joined the Committee at the very end of its proceedings on the Bill. Effectively the work had been done. There was unanimity on the Committee as to the changes that should be made.

I welcome the fact that the recommendations made by the Joint Committee have almost entirely been picked up by the House of Lords on Report and supported by a majority in the Lords—in many cases, large majorities—against the Government. They have made the Bill a better Bill, with many of the safeguards that we want. I hope the Minister without Portfolio and his colleagues in the Home Office will accept the principle of all the amendments that have come to us from the Lords. The Joint Committee wants that to happen and I would urge that, as would my party colleagues.

In between those two things we debated the Bill at our Liberal Democrat conference in Brighton, and it got a resounding thumbs-down from my colleagues as going far too far across the line to closed courts from

open courts. I understand that, and I am sensitive to it as I make my remaining comments this afternoon.

Type
Proceeding contribution
Reference
555 cc759-761 
Session
2012-13
Chamber / Committee
House of Commons chamber
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