I shall come to that in a moment, but appointments to the committee would be a matter for Parliament. I think that people would emerge about whose qualifications all parties were confident. Achieving the sort of committee that I have described really is not rocket science.
Importantly—and this is not merely a shibboleth of mine—the committee's secretariat should be provided by the Clerk of the House of Commons. At present, as the House knows, the Clerk does handle confidential papers. Without going into too much detail, there are occasions when, rightly, items that require some discretion and security have to be held in this building. Therefore, that is not a problem.
The problem is that there is a cosy consensus among the people who run our political parties. I will not sign up to it, but they are craven before the security and intelligence services. No one is allowed to ask any questions at all, and I shall give an illustration of that very serious problem in a moment. I dismiss the idea that it cannot be resolved, and think that we should pursue it.
As I noted earlier, the parameters of what comes under the generic term ““security and intelligence services”” are not quite clear. I want to emphasise that I have no doubt that some very dedicated and brave men and women work in those services, as I do not want anything that I might go on to say to be used against me. I will not accept any suggestion that I do not acknowledge the professionalism, bravery and patriotic dedication of the people who work for our security and intelligence services. However, what I do question is the arrogance of the culture surrounding those services that leads them to believe that they should be exempted from any oversight whatsoever of anything that they do, even when that stuff is almost a matter of history.
Soon after we return from the recess, the question of the 42 days will come before the House, but for me it is a matter of trust. Far too many things lately have caused me to reflect about whether I can trust what are described as the security and intelligence services. I regret that, but in any event it is certainly the mood of the very many people in our society who are asking the same question.
I will give one illustration to buttress my argument. I am one of the Members of Parliament who joined in a court case—Lord Alton of Liverpool and others v. the Secretary of State for the Home Department—and my interest in this matter is registered. It went to the Proscribed Organisations Appeals Commission—the POAC is of the status of the High Court—which found against the Home Secretary. In that judgment, it said the Home Secretary's action in relation to what is known as the People's Mujahedeen Organisation of Iran was perverse. A lawyer friend tells me that the use of the term ““perverse”” by a court is the nearest that it gets to being rude to one of the parties in a case. The Home Secretary is a bad loser. Off she trots to the Court of Appeal. After a long deliberation by the Court of Appeal, including days when the hearing was in camera and special advocates had to be appointed, the judgment, headed not by a ““mere”” judge but by the Lord Chief Justice, was conformation that the action of the Home Secretary was perverse. He went on to say that all that having sat in secret for two or three days did was to reinforce his view that the Home Secretary's action was perverse.
I want to be generous to the Home Secretary. The Home Secretary's view was framed by—guess—this country's security and intelligence services, which peddle a line, quite confident and arrogant, that nobody is ever going to question their judgment. However, on this occasion they did, and not just Members of Parliament—including Lord Waddington, Baroness Boothroyd, Lord Russell-Johnston, a former Conservative Lord Advocate and many Members of this House—but a court of the level of the High Court and the Lord Chief Justice of England. That is a slight victory, but when there is the damning judgment that the attitude being pursued by Her Majesty's Government was ““perverse””, that shows the need, in my view, for people to be able to explain their position more fully before the high court of Parliament, and to be accountable for their stewardship.
Whitsun Adjournment
Proceeding contribution from
Andrew Mackinlay
(Labour)
in the House of Commons on Thursday, 22 May 2008.
It occurred during Adjournment debate on Whitsun Adjournment.
About this proceeding contribution
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476 c428-9 Session
2007-08Chamber / Committee
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