New Clause 14 — Inquests in camera

Part of Bill Presented – in the House of Commons at 6:15 pm on 23 March 2009.

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Photo of Jack Straw Jack Straw The Lord Chancellor and Secretary of State for Justice 6:15, 23 March 2009

It may assist the House if I try to respond to the points made by David Howarth and explain the changes that we have made in the amendments before the House, which are intended to meet the understandable criticisms that were raised on both sides of the House about the original proposals.

I note that the hon. Gentleman said that he welcomed the proposals but that they did not go far enough. In their parliamentary briefing the Bar Council and the Criminal Bar Association did not qualify the welcome that they gave, as the hon. Gentleman did. Since the Criminal Bar Association and the Bar Council are no mean critics, quite properly, of proposals from this Government and from previous Governments, I ask the House to take account of what they said. I shall read it out in full:

"The Bar Council welcomes the Government's amendments which fundamentally recast the proposals for certified investigations in three important respects: first, the criterion for the Secretary of State's certification is to be significantly tightened. Secondly, the Secretary of State's certificate will trigger consideration by a High Court judge sitting as a coroner. Thirdly, it will then be for the judge, not the Secretary of State, to decide whether it is necessary to hold an inquest without a jury or whether special measures with a jury would be adequate to protect the sensitive information concerned (with a right of appeal to the Court of Appeal.)"

The briefing repeats:

"The Bar Council welcomes the change in Government policy."