---

Counter-Terrorism Bill

The Minister has rightly stressed again today the independence of the judiciary, the value of the judicial process and the way in which one can trust judges to make wise judgments in the public interest. I enthusiastically agree with all of that. However, given that that is the Government's position, I do not understand why one should not at least empower the judiciary in exceptional cases to be able to grant bail. The Joint Committee recommended a provision, "““to make court-ordered pre-charge bail with conditions available in relation to terrorism offences … the availability of bail with conditions would enable the police to continue their investigation of those suspected of terrorism offences who do not pose a risk to public safety or a flight risk, while at the same time maintaining some control over them through bail conditions””." Why can we not trust the judiciary with such a power to be able to protect the rights of liberty in those rare and exceptional cases referred to by the Joint Committee?