Clause 18
Criminal Justice and Immigration Bill
4:30 pm
Edward Garnier (Shadow Minister, Justice; Harborough, Conservative)
I would not prevent a potential offender from being arrested and held in custody while the matter was considered, but something more than simply the Secretary of State’s signature is needed. We should bear in mind that the relevant person will not actually be the Secretary of State. As in the old Home Office days, a designated Minister in the Department will have responsibility for this aspect of implementation. He or she will be advised by a host of lawyers and civil servants, so the decision will be made deep in the recesses of bureaucracy. The Minister will have to stand up and defend this in Parliament if things go wrong, but this will be very much a bureaucratic and administrative decision. We are moving the criminal justice system further and further away from judicial oversight or involvement.