Criminal Cases Review Commission (Information) Bill

Debate between Mike Wood and William Wragg

Friday 4th December 2015 Commons Chamber

[William Wragg]

My hon. Friend anticipates a remark I was about to make and is absolutely right to quote the then Chairman of the Select Committee. To answer what Sir Alan said, I stand here today with such a new criminal justice Bill. I hope to put right the failure of successive Governments to which he rightly referred.

I am delighted that the Bill has such widespread support from both sides of the House, including from experts in the fields of law, justice and home affairs. The co-signatories and supporters of the Bill may in themselves have grabbed the attention of fellow Members, given that they are drawn from diverse corners of the House, spanning a chasm of political and ideological opinion. They include solid figures of the traditional right such as my hon. Friend the Member for Altrincham and Sale West (Mr Brady) and my right hon. Friend the Member for North Somerset (Dr Fox), as well as the Leader of Her Majesty’s Opposition and the shadow Chancellor. Supporters of the Bill are hardly the most natural political allies.

As well as having supporters of diverse political colours, the Bill has the support of those who have a wide range of experience, such as my hon. Friend the Member for Kingston and Surbiton (James Berry), who is a criminal law barrister, and the long-standing Chair of the Home Affairs Committee, the right hon. Member for Leicester East (Keith Vaz). The Bill enjoys the support of both current and past members of the Justice Committee, such as my hon. Friend the Member for Henley (John Howell) and the aforementioned hon. Member for Hayes and Harlington (John McDonnell), whose names are listed as contributors to the Justice Committee’s excellent report. As hon. Members will observe, the report is slightly larger than the shadow Chancellor’s more recent preferred reading material, but I will not be tempted to throw it towards the Minister.

The reason for the wide basis of support is not that, in my first six months in this place, I have become an adept and charming schmoozer of parliamentary colleagues and someone who is able to win over a diverse range of unlikely comrades to my cause—far from it. I hope the reason for the wide basis of support is that its merits are clear. What the Bill seeks to achieve is good and necessary. The motivations for legislative change were endorsed unanimously by the all-party Justice Committee from the previous Parliament.

It will be of benefit to the House if I outline what the Bill does and how its implementation would work in practice. The Bill would insert new section 18A into the 1995 Act so that the CCRC can obtain a court order requiring a private organisation or individual to disclose a document or other material in their possession or control. The court will be able to make an order only if it thinks that the document or other material might assist the CCRC in the exercise of its functions and investigations into miscarriages of justice when there is

“a realistic chance of a conviction being overturned by the Court of Appeal”.

As with the current power to require material held by public bodies, the new disclosure requirements will apply notwithstanding any obligations of secrecy or other limitation disclosure. That will mean that companies will not be able to use excuses such as the Data Protection Act to deny the CCRC information, as the CCRC has previously experienced. It will also mean that when information carries security classification, including restricted and secret information, that will also not be able to cited as a reason for non-disclosure. That could be particularly important in cases of court martial, with which the CCRC has been involved since the Armed Forces Act 2006.

Even after the Bill is enacted, the CCRC should always attempt first to obtain information voluntarily before reverting to court order.

[Mike Wood (Dudley South) (Con)]

Will my hon. Friend clarify what safeguards will be in place to prevent abuse of these new powers?

[William Wragg]

The key safeguard is the fact that there must be a court order, with that judicial oversight. That should give assurance to all Members of this House that the appropriate safeguards are in place in the Bill.