Chilcot Committee: Intercept Evidence

Lord Elystan-Morgan Excerpts

Tuesday 24th July 2012 Lords Chamber

[Lord Henley]

My Lords, it is for the committee of independent privy counsellors, the Chilcot committee, to consider what it can publish. I will certainly look to see whether there is anything that HMG can say, but I am not sure that there is at this stage. We want to get there; my noble friend knows we want to get there since she knows that it is part of the coalition agreement. However, I repeat that it is very difficult.

[Lord Elystan-Morgan]

My Lords, does the Minister not agree that, so far as most countries in the developed world are concerned, particularly the English-speaking world—Australia, New Zealand, Canada and the United States—such evidence is admissible and used to good effect day in and day out? Why is it that, for the past 26 years, successive Governments have set their face so intransigently against the use of such evidence in our courts?

[Lord Henley]

My Lords, the noble Lord is correct to point out that there are other countries that have similar common law legal systems that do use intercept as evidence. They do not have the constraints of the European Court of Human Rights—a point that ought to be made to the noble Lord. As I said, all Governments have been trying to get there since 1993. It is going to be a very long road.