I thank my hon. Friend for that intervention, which is very helpful. We can use Scotland as a case study. Similar powers have been in force, as he says, for nearly two decades and there has been no recorded abuse of them.
I should state for clarity that the provisions of the Bill will extend to England and Wales and Northern Ireland, as, as we have discussed, Scotland has its own measures in place. The Bill does not contain any provision that gives rise to the need for a legislative consent motion in the Scottish Parliament or the National Assembly for Wales.
I want to elaborate now on why this change in the law is necessary. When I visited the CCRC’s headquarters in Birmingham, I saw how the section 17 powers were used. They are an essential tool in the commission’s work. Provided that the power is exercised reasonably, the CCRC’s ability to obtain public sector information is not restricted by any obligation of secrecy or limitation on disclosure. The power extends, for example, to information relevant to national security and to personal information held by the police, by the Crown Prosecution Service, in previous court material, by the NHS, by Government Departments and so on.
The commissioners have also explained to me that the absence of a power to obtain material from the private sector has often hampered their efforts. When material relevant to the CCRC’s work is held outside the public sector, the commission relies on requesting voluntary disclosure by the individuals or organisations with control of the material. Although voluntary disclosure is not uncommon, increasingly organisations regard themselves as unable to assist the CCRC as a result of statutory restrictions on the disclosure of information. Even where voluntary disclosure is made, that will often be after protracted negotiations have caused lengthy and expensive delays in the case review process.
One such example is with solicitors firms, which one would have thought would be amongst the most co-operative of sources. However, that is not always so. In the past the commission has seen a good level of co-operation in respect of its requests for case files from solicitors who represented applicants at trial and/or on appeal. In part, that co-operation has been thanks to
the relevant professional codes of conduct. In more recent times, however, and perhaps owing to increasing pressures on legally aided defence firms, the commission has faced greater difficulties. It is often readily apparent that requests from the commission are placed at the bottom of a solicitor’s list of priorities. On occasion the commission has also been forced to enter protracted negotiations about who bears the cost of transferring the materials in question. The commission tends to encounter four typical situations that, as a result of its lack of power in relation to the private sector, operate to the applicant’s disadvantage. These are, first, the inability to obtain information from a private individual; secondly, the inability to obtain information from a private sector organisation; thirdly, partial information is provided, or a summary of information, which the commission is not in a position to scrutinise or verify; and fourthly, the information sought is obtained, but protracted negotiations with the private sector create lengthy delays in the case review process.
In the brief time remaining to me this afternoon, I shall deal with concerns expressed to me by Members and offer them reassurance. On privacy, I want to address up front one of the principal concerns that Members may have about the extension of the powers—the concern that the proposed power will be an intrusion into the lives of private individuals. Although consent and privacy are to be valued, where information, even of a personal or distressing nature, could make the difference between a person’s incarceration or freedom, it is right that the information should be requested, subject to due process and provision of strict safeguards.
Members should know that there are significant safeguards in place, as I said to my hon. Friend the Member for Dudley South when he intervened. The Bill provides for judicial oversight of the process. The CCRC could compel a private individual or organisation to provide material only by order of the court. All the same safeguards that currently operate in relation to section 17 disclosures would also apply, and the commission agrees that such a process would be appropriate. The main safeguard against improper intrusion is judicial oversight. As specified in clause 1(1), a person will only be obliged to provide the CCRC with that information subject to the order of a Crown Court judge.
A second area of foreseeable objection is cost. Although the Bill has no financial implications, and will not impose any financial costs or charges directly on the CCRC or private bodies, Members may be asking themselves whether the new power could place an unjustified financial burden on private companies—for example, will the power be damaging for small businesses? The best answer to this question is to look at the equivalent power as it operates in Scotland. The Scottish commission advises that there has been only one case in 15 years where a request to inspect material had led to contested proceedings in court.
Let me recap the main reasons why I believe the Bill deserves the support of the House today. First, this important power to request privately held information is currently lacking and hampering the important work of the Criminal Cases Review Commission. The limits placed on the CCR by its governing statute can hinder its working practices and limit its ability to help victims who may be factually innocent. The chairman of the CCRC, Richard Foster, has said on the record that he is
confident that there have been miscarriages of justice that have gone unremedied because of the lack of this power. It is impossible to tell in retrospect whether the outcomes of any cases would have been different had additional information been made available, but I hope I have made it clear how that gap is a problem that should be fixed going forward.
In addition, this power has been lacking and wanted for a long time. The CCRC has long complained of this weakness and, as I said earlier, the Justice Committee, after a thorough inquiry, said that there has been a failure by successive Governments to right the situation. The time to right it has come. The Bill is the direct implementation of an unambiguous recommendation of the Justice Committee in the previous Parliament. The proposed new powers are supported across the board, as evidenced by the list of sponsors of the Bill.
Finally, we must consider the human aspect in this debate. Although the British system works well for the vast majority of cases, mistakes do occasionally happen. Prisons are not nice places. They are not supposed to be, which is why we use them as a criminal deterrent. However, imagine the compounding of that experience when someone has been convicted of a crime and sent to prison, when they know that they are innocent of that crime. They are victims themselves, and there are countless cases of people wrongly convicted who, due to the psychological pressures of their miscarriages of justice, end up taking their own lives, after protesting their innocence, and sometimes while still locked up in prison.
Members who have heard me speak in the Chamber before will know that, as I am a former teacher with a history degree, they are unlikely to escape without at least one reference to history. It was the great British legal thinker Sir William Blackstone—considered the pre-eminent English scholar of and most authoritative speaker on common law in his day—who said on the matter of miscarriages of justice:
“It is better that ten guilty persons escape, than that one innocent suffer.”
I do not quite agree with that sentiment, because I believe that it would be better if both numbers were closer to zero, and the role of our justice system, and the place of the CCRC within it, is to shrink those numbers. However, I think that it is apt to quote US President Jimmy Carter:
“The measure of a society is found in how they treat their weakest and most helpless citizens.”
Who is more helpless than those who have been wrongly convicted and failed by our justice system?
1.45 pm