Justice and Security Bill [Lords]

Edward Leigh Excerpts

Tuesday 18th December 2012 Commons Chamber

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

rose—

[Mr Edward Leigh (Gainsborough) (Con)]

rose—

[Mr Clarke]

Let me move on, because I am probably moving on to the point of concern—

--- Later in debate ---

[Mr Clarke]

I shall turn to some of this detail, but gisting is allowed under the Bill. The judge will have all the powers he requires to recommend gisting once he has heard the secret evidence.

[Mr Leigh]

My right hon. Friend is very generous in giving way and I understand the dilemma he faces, but is it not a fundamental principle of British jurisprudence, defended by this House for 500 years, that a defendant should have sight of the evidence used against him that might affect his liberty?

[Mr Clarke]

In a criminal case, that is so. That is why we cannot prosecute some people we really should, because there is no way to reveal the evidence against them—if it cannot be revealed to a judge and a jury, he is untouchable under the criminal law. We are talking about civil actions, sometimes involving people with tenuous connections with this country who have come to this country and sought damages from a British court for what they say is the misbehaviour of the intelligence agencies of the Government. I have tried to explain why it is impossible to follow the normal and desirable rules of civil justice and hear it all in the open. We must find some way in which these cases can be resolved by a judge in a way that is consistent with our principles of justice without at the same time jeopardising national security. That is the straightforward dilemma.