Queen's speech reveals plans for “secret courtsâ€
Published Date: 09/05/2012 (Wednesday)
In the Queen’s Speech, a new bill was proposed, the “Justice and Security Bill”, following a green paper and consultation over the past six months. The proposals contained in the green paper faced a huge amount of criticism and thus the government has decided to bypass what is usually the next step of the procedure of introducing a new law – a preparatory white paper - by presenting it as a bill to parliament. The proposals in the bill will allow secret trials to be held and would prevent the intelligence services and ministers from being investigated openly for their involvement in torture and other crimes against humanity.
Human rights groups and 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. They say, the proposals are dangerous and would put the legitimate powers of judges in the hands of ministers, who, in most cases, would be the defendant in the case. It also undermines the purpose of a trial in the first place.
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."
Ken Clarke, the justice secretary, however 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
The Tamil Information Centre has joined other human rights groups in opposing to the changes to Justice and Security Bill and has urged its members and supporters to lobby their MPs against it when the bill is published and support the campaigns by others.