An Independent Review Body

Part of Prayers – in the House of Commons at 9:30 pm on 16 June 1988.

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Photo of Mr Ivor Stanbrook Mr Ivor Stanbrook , Orpington 9:30, 16 June 1988

I am not saying that there should not be a prerogative power, but I am saying that it should only be exercised on behalf of Her Majesty, subject to recommendation, by an officer of the Crown, which is the present system. Unfortunately, my hon. Friend, in trying to deal with a perceived problem, wants to import into our judicial system something which has none of the restraints or the framework which have been built in to protect other citizens against the abuse of power.

If we provide outside our judicial system a body which can upset the decisions of all the courts below, we shall demolish the whole system and its importance. There will be no restriction on the number of people who may apply to the independent review body, once they get the chance. No one could ever be convicted in future without saying afterwards that he had the right to go to a bunch of largely laymen to set aside his conviction.

The review body will be totally overworked. It will not work for the right reason anyway. The principle remains that if we are to have a system of justice it has to be formed on the basis of experience and qualifications, and it has to be within the established rules and the rules of evidence which apply. Certainly let us modify it, but do not let us destroy it completely.