Clause 1 — Power to Make Control Orders

Part of Orders of the Day — Prevention of Terrorism Bill – in the House of Commons at 6:30 pm on 9 March 2005.

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Photo of Douglas Hogg Douglas Hogg Conservative, Sleaford and North Hykeham 6:30, 9 March 2005

No, I am going to proceed. I shall be brief because other Members want to speak.

The point I am making to the House is not so much about the identity of the person making the order, although it is better by far that the judge should play a prominent part—what really matters is the process. What material will be placed before the person making the order, on the basis of which somebody can have his liberty and livelihood destroyed? It is at that point that I come to my amendment, which is a modest one. I ask the House to consider it.

First, the detained person should have reasonable notice of the proceedings. Who could quarrel with that? Next, the detained person should have a summary of the allegations. Who could quarrel with that? Next, unless the judge orders otherwise, and that is a protection to the Crown, the detained person should know the nature of the evidence against him or her. Otherwise, how can he instruct the special advocate? Next, he should be present throughout the proceedings. Next, he should be able to give evidence and call witnesses. Next, he should be able to submit relevant documents. Next, he should be able to ask questions of those who are accusing him. Those are the basic rights that we demand of any court in any civilised country.

If we deny people those rights, we deny them justice. I have practised in the courts for 40 years or more—in the same type of courts as Mr. Marshall-Andrews. We know that grave injustices occur even within the judicial system as it exists in the criminal courts. It is certain—absolutely certain—that grave injustices will flow from that which we are doing today.

I say to the House and to Members in the other place that we should not be party to such a disgraceful interference with political and legal rights. We are betraying our country. We are betraying our constituents. We should uphold the House of Lords in all its amendments.