Queen's speech: plan for secret hearings in UK civil courts brought forward

Queen's speech: plan for secret hearings in civil courts brought forward

Justice and security bill will be put through parliament this session, bypassing preparatory white paper stage

Owen Bowcott and Richard Norton-Taylor
http://www.guardian.co.uk/law/2012/may/09/queen-speech-secret-heari...
Wednesday 9 May 2012 12.42 BST

Prison training acadamy
Ken Clarke has said the powers are needed to reassure other countries that they can share intelligence without fear of it being exposed in UK courts. Photograph: Anthony Devlin/PA

Plans to expand secret hearings into civil courts have been accelerated by the government. Rather than moving to the preparatory white paper stage, a justice and security bill will be put through parliament this session.

The government has come under severe pressure from MI5 and MI6 to impose a system of secret hearings in courts ever since disclosures that the security and intelligence agencies had been involved in the brutal treatment, and knew of the torture, of UK residents and citizens detained by the CIA.

So-called closed material procedures(CMPs) would allow sensitive evidence to be given in court but not seen by all the participants. Defendants or claimants and their courtroom representatives would be barred from the closed part of a hearing.

Human rights groups and many lawyers, including those vetted to represent alleged victims of wrongful behaviour by MI5 and MI6, are alarmed at the proposals, warning that evidence that cannot be challenged or tested in court may be unreliable and could lead to miscarriages of justice.

Ken Clarke, the justice secretary, has said the powers are needed to reassure other countries, particularly the United States, that they can continue to share intelligence without fear of it being exposed in British courts. Evidence emerged during a high court hearing brought by lawyers for Binyam Mohamed, the UK resident held in Guantánamo Bay.

The bill is designed to ensure courts can consider all the evidence in civil claims made against the government, so that the government does not have settle cases that it believes have no merit.

The green paper on the bill also proposed secret inquests. The recent inquest into Gareth Williams, the GCHQ official seconded to MI6 who was found dead in a holdall at his London flat, would have been held in secret, opponents of the measure point. The coroner severely criticised the behaviour of MI6 in her verdict. The MoJ insists the same information would have emerged under the new proposals

A Ministry of Justice spokesperson said: "These proposals will extend civil justice so that cases which are currently not heard by the courts can be. They will mean that allegations made against the government will be fully examined by an independent court, and that the government will no longer have to pay out taxpayer's money settling cases which it believes have no merit. Closed material procedures, which are at the heart our proposed reform, are already used in the UK justice system in several areas - including immigration and employment cases."

Ministers contend that CMPs will improve accountability and oversight because they will at least allow highly sensitive intelligence information to be heard in private as opposed to being excluded under a public interest immunity certificate.

One of the key issues, likely to be disclosed when the bill is published later this month, will be whether a cabinet minister would have a veto over what information could be disclosed or whether the judge would have the final say. Clarke has suggested that a judge would be able to scrutinise a minister's decision, but the MoJ could not confirm that.

The government's preceding security and justice green paper suggested that the powers of the parliamentary intelligence and security committee could be broadened. The committee could in future have the authority to "require", not just "request" information from MI5 and MI6 and a decision to withhold it would be taken by a cabinet minister, not the heads of the security and intelligence agencies.

Human rights groups are opposed to the bill. Shami Chakrabarti, Liberty's director, said: "Two years ago, the coalition bound itself together with promises and action to protect our rights and freedoms. While action on free speech is extremely welcome, proposals for secret courts and a snoopers' charter risk allowing no scrutiny for them and no privacy for us."

Clare Algar, executive director of Reprieve, said: "Closed courts will not strengthen oversight of the intelligence agencies – in fact, they will do precisely the opposite. They will put the government above the law.

"The proposals for secret justice would massively skew courts in favour of ministers, and prevent the public from finding out the truth about serious wrongdoing. The reality is that these plans are designed to spare the intelligence agencies embarrassment. They are a recipe for unfair and unaccountable government."

Tara Lyle, Amnesty International UK's policy adviser, said: "These proposals are dangerous and should be dropped. They will allow the government to throw a cloak of secrecy over wrongdoing, including matters as serious as the alleged involvement by UK officials in human rights violations like rendition, secret detention and torture.

"After David Cameron promised to get to the bottom of allegations of complicity in human rights violations by UK officials, this bill is a sell-out to the security services. The victims of human rights abuses as well as the general public have a right to learn the truth about whether and how government officials have been involved in human rights violations like rendition, secret detention and torture."

Helen Shaw, co-director of the charity Inquest, said: "It is deeply regrettable that the government is pursuing proposals to extend the use of closed material procedures. It has been clearly demonstrated that they have not been necessary in relation to inquests, as the joint committee on human rights unanimously concluded last month."

Views: 53

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

tjdavis posted a video
1 hour ago
cheeki kea commented on Burbia's video
Thumbnail

Soros Will Never Recover..Elon AIR The whole Thing

"Good find Burbia. It can only get worse. Is Soros too big to fail for he has his thumb in every pie…"
yesterday
Doc Vega posted blog posts
yesterday
Doc Vega commented on Doc Vega's blog post What's Meant to Be?
"tjdavis Thanks for your support Dude! "
yesterday
tjdavis posted photos
Monday
tjdavis favorited Doc Vega's blog post What's Meant to Be?
Monday
tjdavis posted a video

PORCUPINE TREE - BUYING NEW SOUL (HD)

Filmed at the Park West, Chicago, USA, 11-12 Oktober 2005
Monday
Burbia commented on Burbia's video
Thumbnail

Meet GibberLink, Conversational AI's secret language

"One agent's audio range has a lower frequency than the other. Another example of different…"
Sunday
Burbia posted a video

Meet GibberLink, Conversational AI's secret language

Join Boris Starkov and Anton Pidkuiko, the developers behind GibberLink, for a fireside chat with Luke Harries from ElevenLabs.On February 24, Georgi Gergano...
Sunday
Doc Vega posted blog posts
Saturday
Doc Vega posted a blog post

Interpersonal Insanity

Interpersonal Insanity How do you expect me to read your mind?All those hidden things that I might…See More
Friday
cheeki kea replied to cheeki kea's discussion Tartaria
"Look at what we have to put up with. Leftist journalism in full swing. Everyone knows who created…"
Friday
Doc Vega posted a blog post

Why Did We Americans Become so Cynical? At Least Those Who Think

 Cynicism is a form of counter intelligence. It materializes when the general public has been…See More
Apr 16
tjdavis posted a video
Apr 16
Doc Vega posted blog posts
Apr 15
cheeki kea commented on Snakedaddy's album
Thumbnail

a soon shit

"lol at first I thought this was an acronym or phase meaning an urgent trip to the lavatory but alas…"
Apr 15
tjdavis posted a video

Europe will be an Islamic Muslim State

සිංහලෙන් කියවන්න http://sinhalabuddhist.comSlavery, Terrorism and Islam: The Historical Roots and Contemporary Threat.. Adapted from Dr. Peter Hammond's book...
Apr 14
Sandy posted a video

A conversation with Charlotte Iserbyt

“The Deliberate Dumbing Down of America — A Chronological Paper Trail”, will change forever the way you look at your child’s education. Written by whistleblo...
Apr 14
Doc Vega posted a blog post

Realizations

Used to think I had something special to bringThat I was seeing what others weren't seeingThe…See More
Apr 13
Burbia replied to cheeki kea's discussion Tartaria
"I forget some written language reads from right to left. The various calendars used up to now from…"
Apr 13

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted