Justice and Security Green Paper

Lord McCrea of Magherafelt and Cookstown Excerpts

Wednesday 19th October 2011 Commons Chamber

[Mr Clarke]

There is no question of having this in criminal cases—it would be quite impossible. A person could not be convicted on the basis of evidence that he was not allowed to hear and that was withheld from the public. The position will be the same after this as it is now—if evidence is not possessed that can be used in open court, the prosecution has to be dropped and cannot proceed. I share my hon. Friend’s sensitivities about any part of civil proceedings being closed—particularly, for example, in inquests, as I said a moment ago. However, I have come to the conclusion that that is less unsatisfactory than a situation in which the case cannot be heard in civil proceedings, so both parties go away, both claiming they are still right, and nobody has been able to hear all the evidence and give a judgment that, although not everybody will always accept it, will be of considerable reassurance to the general public if someone has heard it all and come to a conclusion.

[Dr William McCrea (South Antrim) (DUP)]

Does the Secretary of State acknowledge that it is vital that we have a common regime across the United Kingdom in dealing with the fight against terrorism? Given that, what talks will he have with the Department of Justice in Northern Ireland to ensure not only that there is a consistent approach but that there are no loopholes?

[Mr Clarke]

I think that the issues are exactly the same, in relevant cases, in all parts of the United Kingdom. Obviously the situation in Northern Ireland is particularly relevant to all this, so we have already consulted in Northern Ireland with the Justice Minister and others, and we will continue to do so. We are hoping to resolve problems that have been big in Northern Ireland for a long time, and we could not possibly have different principles applying on either side of the Irish sea.