Secret trials


Chakrabarti debates Clarke on secret courts bill

7 March 2013 by

ClarkerabartiThe Constitutional and Administrative Bar Association (ALBA)  hosted an invigorating debate on Tuesday night, pitting Minister without Portfolio Ken Clarke against Shami Chakrabarti, Director of Liberty, over the question of Closed Material Procedures (CMPs) in civil claims, as proposed in the Justice and Security Bill.

The Bill is currently going through the parliamentary process, having reached the report stage in the House of Commons on 4 March 2013. Of particular note to those with an interest in human rights are the proposals to introduce CMPs into civil damages actions, where allegations such as complicity in torture by the UK intelligence agencies are made.

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Government has still not made case for “inherently unfair” secret trials, say Special Advocates

14 June 2012 by

Angus McCullough QC and Jeremy Johnson QC at the JCHR

The overwhelming majority of Special Advocates have responded to the Justice and Security Bill by stating that the case has still not been made by the Government for the introduction of closed material procedures  in other types of civil litigation. The full response is available here (PDF).

Fifty Special Advocates have signed the response. This represents an overwhelming consensus of those with substantial experience of the current system of secret hearings.

They accept that the new restriction to national security cases is an improvement, but retain the view expressed in their initial response to the Green Paper consultation, that:

CMPs are inherently unfair and contrary to the common law tradition; that the Government would have to show the most compelling reasons to justify their introduction; that no such reasons have been advanced; and that, in our view, none exists.

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Justice and Security Bill: The Government is not for turning – Angela Patrick

29 May 2012 by

Publishing the Justice and Security Bill this morning, the Secretary of State for Justice said “I have used the last few months to listen to the concerns of … civil liberties campaigners with whom I usually agree.”

There are many people who today would sorely like to agree that Ken has listened and has taken their concerns on board.  Unfortunately, the Government’s analysis remains fundamentally flawed.  The Green Paper was clearly a “big ask”.  There have undoubtedly been significant changes made from the proposals in the Green Paper.  However, the secret justice proposals in the Justice and Security Bill remain fundamentally unfair, unnecessary and unjustified.

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Key Justice and Security Bill resources

29 May 2012 by

The Justice and Security Bill, which proposes to introduce secret ‘Closed Material Procedure’ (CMP) hearings into civil trials, has been published. Here are some useful resources for picking your way through the controversy:

  • The Ministry of Justice’s page on the Bill, including some ‘myth-busting’ (including ‘This is undermining the centuries old legal tradition’) is here.
  • 84 responses to the Green Paper which led to this bill can be found here, and the Government’s response of 29 May is here.
  • The Joint Committee on Human Rights’ highly critical report on the proposals is here.
  • You can access all of the UK Human Rights Blog coverage of the secret trials proposals here, including our exclusive on the Special Advocates’ opposition to the proposals, which became the most damaging aspect of the case against the Green Paper.

More to come on the proposals soon…

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