Justice and Security Bill [Lords]

Steve Baker Excerpts

Tuesday 18th December 2012 Commons Chamber

[Mr Llwyd]

The hon. Gentleman has obviously thought about this, and he may well be right, but at the moment we are all looking into a rather dark room as we do not know what we are actually facing. What he says is quite logical, and I accept it, but I remain concerned.

[Steve Baker (Wycombe) (Con)]

I am tempted on the whole to agree with the thrust of the right hon. Gentleman’s argument, but I draw his attention to clause 7(3), which, if I understand it correctly, requires that the court would direct that the party would not be able to rely on such points unless they provided a summary. I am therefore not sure that his argument stands.

[Mr Llwyd]

I believe that it does.

--- Later in debate ---

[Steve Baker (Wycombe) (Con)]

I am grateful that this Bill began its journey in the other place, so that people, such as myself, who are not learned could have the benefit of the thoughts of some of our most senior lawyers. I took two things in particular from their deliberations on Report: first, that many of our great legal minds support the Bill, and secondly, that they support it with their suggested amendments.

Lord Pannick has been quoted and counter-quoted, but, for the benefit for those of us who are not learned, he said that

“the proposals constitute a radical departure from the cornerstone of our legal system: the right of a party to know, and to challenge, his opponent’s case” ,

and:

“The Government's proposals in themselves constitute a significant reputational risk to our system of justice.” —[Official Report, House of Lords, 21 November 2012; Vol. 740, c. 1817-18.]

I was particularly struck that Lord Phillips of Worth Matravers, who was the first President of the Supreme Court, supported the Bill.

When I consider the balance of liberty, justice and security, I am always inclined to go for liberty and justice, but it would be difficult for me to oppose the Bill as presented. I hope the Government will look extremely sympathetically at the amendments that have been made.

My right hon. and learned Friend the Minister without Portfolio said specifically that he did not expect any serious discussion about the principle behind the Bill. I was conscious of that when the hon. Member for Aberavon (Dr Francis) seemed to confess, if I understood him correctly, that his Committee thought it would be futile to stop the Bill, so it sought to make the best of it.

There seems to be enormous momentum behind the Bill, but no particular enthusiasm to carry it through. Why is there this sense of futility about what is a cornerstone of our judicial system? My right hon. Friend the Member for Haltemprice and Howden (Mr Davis) mentioned some of the instances that show that the state is not always to be trusted, so it is important that we ask ourselves why the particular set of circumstances under discussion should drive us forward.

There are two issues to consider. First, the highest principle of government today seems to be expediency rather than ultimate values. Secondly, security is the highest aim. We have come a very long way indeed since the time when a British Prime Minister might have said that necessity is the plea for every infringement of human liberty—I expect that colleagues will know the rest of that. Indeed, in the face of a Bill such as this and the lukewarm support it has received, those of us who think that liberty and justice are our best form of security have very little to add.

Finally—I will finish early—we should not be surprised if those outside the House who share my view that liberty and justice matter so much are extremely concerned. If we put this measure in the context of the draft Communications Data Bill, the Government’s plans to reduce access to judicial review and, indeed, measures for general anti-avoidance rules for taxation, we see that there is a significant rebalancing of power towards the state—and towards the administrative state at that. It is a disturbing path, but we seem unable to escape it. I hope that the Government will consider the amendments extremely carefully and that we will end up with a Bill in which we can take at least some pride.