Counter-Terrorism and Security Bill

Debate between David Davis and Lady Hermon

Tuesday 16th December 2014 Commons Chamber

[Lady Hermon]

I have listened intently to the right hon. Gentleman’s contribution. Will he reflect on the fact that when we had Diplock courts in Northern Ireland they were supported by one section of the community and despised by another. We do not have Diplock courts in Northern Ireland any longer. If his proposal were to be legislated upon and we have a secret court that sits and hears all the evidence, including the intercept evidence, which I agree should be allowed into court, how does he think that would be received in Northern Ireland?

[Mr Davis]

I speak as probably one of the last people to give evidence at a Diplock court. It was against a terrorist who was convicted and then, under the Good Friday agreement, promptly released—it was a very frustrating process. Of course there is a problem of acceptability with any secret court. The hon. Lady will know that I fight vigorously against the idea of secret justice, but what we are talking about here is not secret justice; it is about a decision to let into the public domain more than is currently let into the public domain. Sometimes that information is exculpatory. One of the problems that has arisen with SIAC is that the agencies have not been good at their evidence discipline. At least one case has been struck down. A special advocate called Nichol, who is now a judge, discovered that MI5 was claiming that one person against whom it was bringing a case had used a passport to cross a border one week, and then the next week had brought a case against somebody else claiming that he used the same passport on the same day in a different place. So the agencies have their weaknesses. Nevertheless, the tool is significantly better than what we have at the moment. We may use intercept evidence in terrorism prevention and investigation measures and control orders. I happen to think that TPIMs and control orders are completely ludicrous, because they people who should be inside prison leave out on the streets. They should perhaps be called non-control orders, because all the dangerous ones disappear. Of course, it is not easy and there is an issue of presentation, but if there is fair representation from both sides to decide on what information should be put in the public domain, it is as close as we can get to public justice. That is the point.