Having dealt with cases of constituents who have been refused naturalisation or British nationality on the basis of evidence that is unavailable, I understand exactly my hon. Friend’s point and the point made by Judge Ouseley.
In its briefing on the Bill, Reprieve told us:
“The Bill, even as amended, would still mean that…Members of the public could lose their cases against the state without ever knowing why; or knowing what evidence was used against them”,
It also states that the
“Government would be able to cover up evidence of wrongdoing”,
and that
“Ministers and officials would be able to exclude the other side from court, effectively putting themselves beyond challenge and above the law.”
The Bill would allow Ministers to use secret courts in a wide range of cases, such as those of soldiers or their families bringing negligence claims against the Ministry of Defence over faulty equipment resulting in injury or death. Many colleagues have taken up cases of soldiers who have died in the most tragic circumstances and where, on the face of it, there is a case against the Government. It could also include victims of torture or rendition seeking redress in cases in which the Government have been involved and actions brought against the Government over corruption in arms deals, which was a point I raised with the Minister earlier.
Amnesty International has also expressed deep concern about the Bill. It is concerned that the move
“could potentially mean that individuals and their lawyers who are seeking to establish the extent of the involvement of UK officials in serious wrongdoing such as torture and enforced disappearances, will be prevented from seeing crucial documents on “national security” grounds. This secrecy could be maintained potentially indefinitely, even if there is an overwhelming public interest in disclosure.”
I appeal to the House to think carefully and seriously about what we are discussing and voting on here today.
A couple of months ago, I was in the High Court to hear the case being brought by the Mau Mau people from Kenya relating to the abominable way in which they had been tortured and ill-treated by the British armed forces in the 1950s. They finally won their case and were able to present their evidence to the court. That evidence had been hidden for 40 years. They had been denied access to it, and it was only their determination that brought it to light. It had been held using secrecy arguments, and I suspect that if legislation such as this had already been in operation, they would still not have been able to bring their case to court.
Before voting on the Bill, we must think seriously about the implications of creating an even stronger secret state and an even less accountable judicial system. We must also remember that our function as Members of Parliament is to represent people against power, so that they can get justice through an independent judicial system.
4.45 pm