I very much take it on board. I hope that the Minister will provide an explanation of how the Government are approaching that. The situation is partly helped by the fact that Scotland has its own legal system, so mercifully, perhaps, we are not capable of interfering with it, or at least not interfering with it quite as radically as the Government might wish if they had the opportunity. This is a seriously flawed procedure.
Moving on to the issue raised by my right hon. and learned Friend the Member for Sleaford and North Hykeham (Mr. Hogg), the jury system exists in coroners cases to give public confidence, and it works well. I have done jury cases in coroners' courts, and in my experience juries are capable of taking in the evidence and giving verdicts that accord with the evidence. Indeed, the Diana, Princess of Wales inquest was a model of its kind. Although it was carried out in the most difficult circumstances, and was very costly, it appears to have commanded widespread public acceptance. A Lord Justice of Appeal was brought in because that expertise was required. All that was possible under the existing coroner system.
What is the point of suddenly dispensing with juries? As the hon. Member for Hendon said, it is possible to have specially vetted juries, to have public interest immunity certificates, and to treat these processes as ordinary hearings. I very much agreed with his point about the requirement laid down by the European Court of Human Rights, which is highly relevant—that is, to do one's best in carrying out such inquiries, not to try to cross insurmountable obstacles. There is a considerable degree of understanding that there may be problems that make the evidence being presented to inquests inadmissible and one must do one's best, in a human and fallible world, to come up with the best answers.
If we could get intercept evidence admitted in cases more generally, which we have frequently argued about, I have little doubt that we might start moving in the right direction on inquests just as on any other kind of trial. However, to try to create a short cut—with the best of motives, I am sure—is a mistaken road, and these proposals are not capable of being salvaged by anything that the Government can offer. We are expecting a coroners Bill. If we had a delay of a year while we went away and thought about what needs to be done and the Government came forward with other ideas and proposals in the context of their planned reforms to the coroner system generally, that would be a sensible approach. Legislating quickly and repenting at leisure is a big mistake.
I will listen with great care to what the Minister says. I have no animosity towards the Government on this issue. I can see that they have a real problem, but the answer that they have come up with is profoundly and fundamentally wrong. This House has a major responsibility in upholding confidence in the law and the rule of law and in ensuring that deaths are properly investigated, particularly where there are issues of sensitivity surrounding possible state intervention, and it should not have anything to do with a set of proposals that will ultimately bring the Government into disrepute.
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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