I agree entirely with the hon. Gentleman; we come back to the rather administrative way in which the whole thing seems to have been put together. Reading the original proposals, one sees that this was an administrative process, with the Minister wholly controlling it—the choice of the coroner, the selection of the special coroner and the special certification—without any intervention by the judiciary.
Perhaps we can go back over the history of how coroners' courts have always been distinct from other courts in our country. However, if there is a way forward for coroners' courts, I am absolutely sure that it is to bring them into the mainstream of our court system. I say that irrespective of these proposals. To move down a road that starts on the premise that we will put into operation a series of measures that appear to exclude the judiciary almost entirely—except that some of the decisions could be judicially reviewed—would be completely wrong.
In fairness to the Government, I should say that, having been lambasted in Committee on the issue, they have attempted to start to try to restore the situation. I am the first to accept that there have been improvements to the Bill and these measures as a result, particularly in involving the role of the judiciary and the Lord Chief Justice more fully in approving the special coroners and in changing some elements of how the process would operate.
For all that, we are merely tinkering at the edges of the problem. The longer this debate has gone on and the more I have thought about it, the more convinced I have become that the Government have simply taken a completely wrong turning. If this debate fulfils a purpose I hope that it is to persuade the Government that we are not ranked up against them to try to give them a hard time on these proposals—leaving to one side what will happen to the provisions in the other place, which may well find itself not very happy—but we genuinely think that if they go ahead and succeed in putting them on the statute book they will be an albatross around their neck and that of any successor Government. My gut reaction is that the process will constantly be thrown back in their face by people saying, ““We have here a system which is unworkable and doesn't command public confidence.””
Counter-Terrorism Bill (Programme) (No. 2)
Proceeding contribution from
Dominic Grieve
(Conservative)
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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