I agree. In fact, those provisions are quite confusing. The special coroner can be removed for misbehaviour—it should be asked in that context who decides what constitutes misbehaviour, and on what grounds—or can be effectively removed through revocation of the certificate. The question then arises whether a new certificate can be produced for the appointment of a new special coroner, thereby removing the first special coroner without having to prove misbehaviour. The scope for abuse seems to me very broad.
If the Government insist on embarking on this route, the least they should do is remove the Secretary of State entirely from the process of choosing the special coroner. That is the intention of amendment No. 119, which suggests that the coroner should be chosen by the Lord Chief Justice rather than the Secretary of State. I oppose all these provisions, but at the very least the Government should concede that principle.
I support amendment No. 1 and hope that it will succeed, along with the subsequent amendments to remove the rest of part 6. If those amendments are not passed, I hope that amendment No. 119 is pressed to a Division. Ultimately, however, these are mere details. On an earlier occasion, I was interested to know whether there was any constitutional principle that this Government would not violate for the sake of their own convenience. I think that in these provisions we have our answer.
Counter-Terrorism Bill (Programme) (No. 2)
Proceeding contribution from
David Howarth
(Liberal Democrat)
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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