My right hon. Friend makes his point. I simply say that in every case that has been appealed so far, we have been proved right and the Government have been proved wrong. Our track record is rather better than my right hon. Friend's—so far. I anticipate that the same process will continue, and no doubt we shall hear the same arguments about article 6 applied to light-touch control orders.
Special advocates say that they should be allowed to communicate at least about the legal strategy and procedural issues relating to the case. They also say, and I agree, that they should be allowed to apply to the court, without giving notice to the Secretary of State, for permission to ask questions of their clients. As an international comparator, I cite the fact that that procedure is adopted in Canada—and it is sensible.
We need to look at the special advocate system. There are no fewer than 22 different types of court hearing in which special advocates can be used—22 different ways in which secret evidence can be heard in our courts, from planning inquiries right up to the control order regime, and many other things as well. The system has grown like Topsy, and we need a proper review to make sure that the special advocate system—not just in relation to control orders—is proper and fair across the board.
Prevention and Suppression of Terrorism
Proceeding contribution from
Andrew Dismore
(Labour)
in the House of Commons on Monday, 1 March 2010.
It occurred during Debates on delegated legislation on Prevention and Suppression of Terrorism.
About this proceeding contribution
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2009-10Chamber / Committee
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