UK Parliament / Open data

Justice and Security Bill [Lords]

I must have misheard the right hon. Gentleman. He seems to think his amendment widens the discretion of the judge. It actually narrows

it. The Bill as it stands says that the judge may hold a closed session after the three conditions are satisfied, which are mainly the fair and effective administration of justice. We have now reached the situation where critics are so nervous about what the judge may do that they want to lay down additional tests that the judge must put to himself before he makes a judgment one way or another. Lord Woolf, the former Lord Chief Justice, this morning made it clear that the judge now has complete discretion to decide what to do, and it is the critics who are so worried that there might be closed material proceedings that they are trying to put in extra tests to try to put the judge off. As the right hon. Gentleman’s amendments narrow the judge’s discretion, he might at least put his case the right way round. As the Bill stands, the judge has a pretty unfettered discretion.

Type
Proceeding contribution
Reference
559 c691 
Session
2012-13
Chamber / Committee
House of Commons chamber
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