UK Parliament / Open data

Justice and Security Bill [HL]

I am grateful to noble Lords for extending the scope of our debate somewhat, outside the frame of the particular Bill that we are dealing with. It raises some very interesting issues and both the noble Lord, Lord Dubs, and my noble friend Lady Hamwee got to the nub of the issue. I take the advice of the noble Lord, Lord Beecham, to perhaps not make a commitment on this issue. However, I can describe the parameters, because Article 6 of the European Convention on Human Rights, the right to a fair trial, differs between civil and criminal proceedings. In particular, the exacting standards imposed by the criminal limb of Article 6, which is at the heart of the legal difficulties for a workable IAE regime, do not apply in the context of civil proceedings.

Furthermore, the nature of CMPs—which may well be involved of course, because of the nature of the intelligence—means that legitimate national security interests, such as the need to protect sensitive techniques or capabilities, can be more certainly protected than in criminal proceedings. I think all noble Lords would understand that. The proposals in the Bill demonstrate our commitment to making progress wherever it is possible. We continue to engage with the cross-party advisory group of privy counsellors in this work.

Type
Proceeding contribution
Reference
740 c1916 
Session
2012-13
Chamber / Committee
House of Lords chamber
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