Justice: Evidence

Lord Lloyd of Berwick Excerpts

Thursday 15th December 2011 Lords Chamber

Asked by

[Lord Lloyd of Berwick]

To ask Her Majesty’s Government when they expect to receive a further report from the Privy Council review, led by Sir John Chilcot, on using intercept as evidence.

[The Minister of State, Home Office (Lord Henley)]

My Lords, there have recently been changes to the membership of the Privy Council group. I look forward to it reconvening shortly to assess progress and, as appropriate, to offer advice.

[Lord Lloyd of Berwick]

My Lords, it is now nearly four years since the Chilcot committee was asked to find a way of making intercept evidence available in court. The preferred approach has always been by what has been called public interest immunity plus, which has many advantages. However, in December 2009, that approach was abandoned in the light of the decision of the fourth section of the European Court of Human Rights in a case from Finland. Since then, we have heard very little. Does the Minister recall that a month ago the Lord Chief Justice and the president of the Supreme Court gave evidence that the courts are following decisions of the European Court of Human Rights too strictly? If that is accepted, would he encourage the Chilcot committee to look again at PII+ and perhaps take further legal advice?