I echo the concern, which has been discussed at length in the past, about the complete opaqueness of the process of issuing a certificate. That, as we have already argued, is one of the fundamental flaws of this legislation. I hope that the Minister will provide some further clarification today, but I am not optimistic that, even now, the Government realise the weakness that we are pointing out.
I should have expressed at the start the condolences of the Liberal Democrats to George Dawson’s family. He died of cancer at the very young age of 45. My own brother, as the House knows, died at 37 and I know how difficult it was for my family to deal with that. I am sure that we are all unanimous in understanding the grief that the Dawson family now feels.
The advantage of the amendment is, as the Minister said, that it makes it quite clear that while judicial review will be exceptional, it will be fully available in cases involving matters other than dishonesty or bad faith. The reference to ““exceptional circumstances”” rightly includes cases where there was a ““lack of jurisdiction”” or other significant ““error of law””. For that reason, it evidently extends the breadth of the clause’s operation, which is welcome, but as I said at the outset and as the hon. Member for Foyle (Mark Durkan) has just pointed out, it still does not overcome one of the fundamental deficiencies of the legislation—the opaqueness of the issuing of a certificate in the first place.
Justice and Security (Northern Ireland) Bill
Proceeding contribution from
Lembit Opik
(Liberal Democrat)
in the House of Commons on Thursday, 10 May 2007.
It occurred during Debate on bills on Justice and Security (Northern Ireland) Bill.
About this proceeding contribution
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2006-07Chamber / Committee
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