Not necessarily: the right hon. and learned Member for Sleaford and North Hykeham said that some new evidence might be thrown up that caused the defendant or the accused to reconsider what he or she had said earlier. That does not preclude the possibility that people could be re-interviewed. In any event, it seems that none of us in the Chamber is able to offer an answer on that point, but I accept what the hon. Gentleman says: there is an important debate to be had.
On new clauses 18 and 19, the Minister said in Committee that he would consider the issues, and to be fair to him, he has certainly done that. Interestingly, he also said:"““I do not entirely dismiss judicial oversight and all the detail; I simply ask the Committee to lay those matters to one side for now. Let us go away, have a further look””.––[Official Report, Counter-Terrorism Public Bill Committee, 8 May 2008; c. 338.]"
To be fair, that is what he did for many points to do with the Bill, but I ask him now to look at new clause 4, which has the authority of the Joint Committee on Human Rights behind it. The new clause is very useful, and the Government might well consider accepting it in due course. I do not disagree with the Conservative amendment either; I am really hedging my bets on this one. With the bets that I have made, I hope to get a horse in the top four.
Of the myriad issues that we started off with in Committee, the only two left are the issue of judicial oversight and the question of the length of post-charge questioning. We are so near agreement that it would be very good if we were able to reach it. The Minister said in Committee that we could leave some matters to the trial judge, because he would decide at the beginning of a trial whether the questioning was oppressive, and so on. That is one way of doing things, but it would be preferable to provide for limited judicial oversight. The judge concerned would not have to be from the High Court; a circuit judge would be fine, I am sure. People apply for public interest immunity certificates to gain the right not to have certain evidence disclosed in an ordinary criminal trial. Those certificates are two a penny. They are granted all the time, and they do not take very much time from the judge's list. It typically takes perhaps half an hour before the judge resumes his list. That would be an important, valuable safeguard. To be fair to the Minister, he has come a long way on the issue.
Counter-Terrorism Bill (Programme) (No. 2)
Proceeding contribution from
Elfyn Llwyd
(Plaid Cymru)
in the House of Commons on Tuesday, 10 June 2008.
It occurred during Debate on bills on Counter-Terrorism Bill (Programme) (No. 2).
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