Clause 21 — Suspected international terrorist: certification

Part of Orders of the Day — Anti-terrorism, Crime and Security Bill – in the House of Commons at 9:15 pm on 12 December 2001.

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Photo of Mr Denzil Davies Mr Denzil Davies Labour, Llanelli 9:15, 12 December 2001

One would have to consider each particular circumstance, but the exclusion of evidence could well be seen to be a considerable procedural defect and would constitute an error on the record.

The hon. Member for Southwark, North and Bermondsey cited Lord Donaldson's speech in the other place. One of the most interesting speeches in the other place was made by Lord Lester of Herne Hill, who has considerable experience in these matters. I read his speech carefully and he concluded that judicial review would "do no harm" and was of "symbolic value". Symbolism is important, as is doing no harm, but we are legislating in a difficult area and we should not put into legislation, even with the best will in the world, something of which the best that can be said of it is that it would do no harm. I apologise for saying so, especially as a lawyer, but on this occasion my right hon. Friend the Home Secretary has just about got it right.