My Lords, very briefly, while the idea of having those who are not the primary judges assisting that judge with making decisions is not unfamiliar—as the noble and learned Lord, Lord Lloyd, has said, it has precedent in a number of different contexts—this represents a rather elaborate and perhaps even cumbersome method of deciding these cases. It also must be borne in mind that the special advocates are particularly anxious to preserve the role of a single judge in whom they have great faith, judged on the limited experience of closed material proceedings. In fact, they very much favour the role of the judge using the existing PII process instead of CMPs, rather than advocating the rather broader process contained in the amendment.
Proposed new subsection (3) is perhaps unusual—which of itself is not an objection—but I respectfully suggest that the final provision requiring a reversal of the burden of proof to a high degree of conviction is really going it a little bit. It means that it will be very difficult indeed for the Government to rely on evidence and the whole purpose of the CMPs will be frustrated. That may indeed be the intention of the amendment but it is not a very satisfactory position.
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