Justice and Security Bill [Lords]

Patrick Mercer Excerpts

Monday 4th March 2013 Commons Chamber

That is the trouble with the amendments. I do not say they are all wicked, but they are designed, I think, to enable people to argue that it is not good enough just for the judge to decide that the tests are settled. They could argue that the judge has to go through an exhaustive procedure and consider every other possible alternative before going ahead. I do not see what on earth that would add. It would insert into the Bill what is almost a colloquial phrase. Whoever drafted it thought, “It’s worth a shot. Perhaps we can get the full process gone through before entering the closed process.”

[Patrick Mercer (Newark) (Con)]

On a wider point, has my right hon. and learned Friend thought how much comfort this will give to their cause, in the world of propaganda, when CMPs are used against terrorists?

[Mr Clarke]

I have, but with the greatest respect to my hon. Friend’s expertise in this area, I must say that one of the things that most troubles me, as the Minister enthusiastically in charge of the Bill, is not just the need to save the money or the irritation of being unable to defend claims, but the considerable damage done to the reputation of our security services because they are unable to defend themselves. The House always insists on being persuaded that the security forces abide by human rights and do not go in for malpractice or unlawful rendition and so on, but their inability to defend themselves against allegations that they have done so is undoubtedly used by our enemies against our security services, and they are very conscious of it—as are our allies and those with whom we co-operate in the security field.