Time is running out to ensure that the British legal system is not fundamentally altered in favour of the State’s desire to keep secret what it chooses. Today several amendments to the Justice and Security Bill are before the House and we urge MPs to back them, if they are unwilling to vote against Part 2 of the Bill.
The House of Lords amendments to safeguard the use of Closed Material Procedures were a reasonable and practical way of ensuring that legislation did not put undue power in the hands of the Executive to keep inconvenient and embarrassing matters secret. Anthony Peto QC, co-Head of Blackstone Chambers, has perfectly highlighted how the Government removed “four sensible and clear safeguards introduced, with overwhelming majorities, by the Lords” – they were:
- That Judges should refuse CMP’s where the public interest in the fair and public administration of justice outweighed the likely damage to national security.
- A provision that CMPs should be a measure of last resort.
- That the judge must first consider PII before ordering a CMP.
- That the citizen must have the same right to apply for a CMP as the State.