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Terrorism Bill

Very briefly and with the same reservations, I support the need for a High Court judge. I do not think that this is an administrative procedure. It is rightly given to someone who stands far from the administration and who is a judicial authority. For short periods it can be a comparatively modest judicial level such as that of a district judge, but here we are dealing with what in our lifetime are entirely exceptional periods of detention before trial. That requires a strong personality. I agree with the noble Lord, Lord Thomas of Gresford, who observed that huge pressures are brought to bear in terrorist cases. I have personal experience of watching the unwinding of terrorist cases which have given rise to grave miscarriages of justice. In those circumstances, we need someone with the authority, personality and intellect of a High Court judge to maintain effective supervision. I do not say that there are not district judges who would do it beautifully; I am sure there are some of great personality and strength of character, but in general we need those qualities along with the long judicial experience and sense of confidence of a High Court judge. It is necessary even to test whether the police are getting on with the investigation expeditiously. It is quite difficult for a fairly junior judge to test that, but if counsel—these things would always be done by counsel—has to explain the situation to a senior judge, they had better get it right. That is a protection for the liberty of the individual. While I understand entirely what causes the noble and learned Lord to test this matter—he is right to probe it—there are good answers and I hope that the Government will stick with the provisions.