Justice and Security Bill [HL]

Debate between Lord Phillips of Sudbury and Lord Glentoran

Wednesday 21st November 2012 Lords Chamber

[Lord Phillips of Sudbury]

My Lords, I accept that my noble friend the Minister has an acutely difficult task in dealing with this part of the Bill and with these amendments. I do not think that anybody in this House pretends otherwise. Balancing national security against individual liberty and due process is judgment-of-Solomon stuff. However, I concur with the virtually unanimous voice of those who have said that there is a want of balance and proportionality in the arrangements in this part of the Bill.

In particular, I support Amendment 36. I will not repeat what others said very well, but I will draw the attention of the House—and perhaps of some beyond the House—to a very plangent example of the failure of the Bill to balance as it should the two competing issues. As was explained, Clause 6 requires a judge—it is not discretionary—to grant an application for a closed material procedure if,

“disclosure would be damaging to the interests of national security”.

There is no qualification of “damaging”. There is no talk of “substantial” or “significant” damage. As it stands, a judge would have to grant such an application if the damage were marginal or even trivial. That is why it is essential to agree Amendment 36—and Amendment 37 with it—and some other amendments in the group that would ensure that no judge was put in the difficult, highly undesirable circumstance of having to grant a closed material proceedings application in circumstances that, on any common-sense basis, would not be warrantable.

[Lord Glentoran]

My Lords, I will step out of the courtroom and into the street. Most of my life I have lived close to terrorism or among it. I have lived close to those in the secret services and many in the police. One thing that we must not vote for tonight is a reduction in the abilities of the public prosecution services, lawyers and, more importantly, police, who to my personal knowledge are extremely frustrated, certainly in Northern Ireland and in other areas that I know of, that they cannot get convictions when they know that people are guilty. They cannot get the evidence into court because they are protecting our secret services—our police and undercover agents. Throughout the problems in Northern Ireland which I have known, and throughout some of the other ones which I have known in my lifetime, those people have done a wonderful, brave job. They must not be put at risk on account of the human rights requirements.