The three speeches/headings immediately before

1. 1 earlier: Dominic Grieve

   The hon. Gentleman makes a powerful and important point. Given the problems, it could be that intercept might be the only possible trigger for such an inquiry, but I take his point. When I look back on the Bill's passage through the House, there have been difficulties in focusing on the key ways to resolve this issue. As I have told the Secretary of State, I have always had some sympathy for the Government's difficulty in this regard. We have at times been in danger of saying that we will never have anything other than an open inquest, but that would be to miss the Government's difficulty, especially in light of the Chilcot report

2. 2 earlier: Andrew Dismore

   The hon. and learned Gentleman has come up with an interesting formulation, but does he agree that there are no safeguards on the face of the Bill? Last time, the debate was focused almost entirely on the question of intercept. Would it not have been better to include a provision in the Bill that secret inquiries could be held only when intercept was the only matter at issue?

3. 3 earlier: Dominic Grieve

   When this matter was last before the House, there was an extensive debate about whether the Bill contained sufficient safeguards in respect of converting an inquest process, which would be open and with a jury, into an inquiry process, part of which might have to take place in secret to allow intercept evidence to be used. There has been a lengthy debate while the matter has gone through the House, but the Secretary of State and Lord Chancellor knows that there was widespread unease about the provisions, and the vote that was eventually held was extremely close.

   At the outset, I want to say that I am grateful that the Secretary of State took on board the concerns that were being expressed. When the matter went back to the other place, he tabled an amendment that, although far from perfect, went a long way towards solving the problem that was causing concern. The amendment proposed that the Lord Chief Justice must indicate to the Lord Chancellor his approval for moving to an inquiry following the appointment of the judge who is to carry it out. My noble Friends in the other place took the view that the correct position was to abstain on the subsequent vote.

   I shall outline the potential problems with that amendment. First, as the Secretary of State knows, the view that I have expressed consistently and which I have discussed with him is that, in an ideal world, it would be better if the process by which one moved from an inquest to an inquiry were subject to full judicial scrutiny. In addition, I believe that the Secretary of State should have to apply to the court for approval, as that would allow full scrutiny to take place. That has not happened, but I do not think that there is much point in going over old ground as to why. I spent part of yesterday evening looking for a way to get around the problem, such as tabling a provision that would enable a full application process to take place, but the advice that I received was that that would be impossible at this late stage of the Bill.