I thank the noble and the learned Lord, Lord Lloyd of Berwick, because I absolutely agree with what he has said on that point. Amendment No. 126A would allow for the wide disclosure of very sensitive material, such as intercept, to juries and other interested parties. That creates a potential for public disclosure of all types of sensitive material, including intercept and other things, and undermines the very real need to protect such material, and the sources and techniques by which we get it, from public disclosure. Although Amendment No. 126A will allow the finder of fact to have access to all the relevant material, it does so at the expense of preserving the ““ring of secrecy””, which, as I said, is necessary to protect sensitive techniques and capabilities. It is also unclear how the new clause would work in practice in the absence of any legislative mechanism to ensure that a High Court judge is appointed to hold inquests involving the consideration of such material.
We recognise the importance of ensuring that bereaved relatives and other properly interested persons should be involved in as much of an inquest as possible, but it is necessary to strike a balance between the interests of families and the public interest when material central to the inquest cannot be disclosed publicly. It is much better to debate all these matters when we take it in the round of the new coroners legislation. We are confident that the measures we intend to bring forward—containing, as they do, the safeguards of a cadre of security-cleared coroners and arrangements for counsel—strike the right balance, but I do not think that there is much more to be gained by debating this further. On that basis, I resist the amendment.
Counter-Terrorism Bill
Proceeding contribution from
Lord West of Spithead
(Labour)
in the House of Lords on Tuesday, 21 October 2008.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Counter-Terrorism Bill.
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2007-08Chamber / Committee
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