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Coroners and Justice Bill

I do not accept that. We are talking about exceptional and difficult cases in which there is material that everybody agrees has to be protected. The family will not be excluded from an inquest save when the protected material is being dealt with. One can anticipate circumstances such as in the de Menezes case, when PII applications were accepted and some evidence was gisted, so neither the family nor the jury heard the full evidence. I am clear that in those circumstances, whether or not a jury is present, the coroner will lean over backwards to ensure that the family and jury are given the maximum information. There will also be special counsel in those circumstances to act on behalf of the family, although I know that that is not an adequate alternative. There is no requirement in convention rights for there to be a jury. I do not criticise people who make the judgment that there should be an inquiry under the Inquiries Act, but I believe that it is the wrong judgment. Exactly the same issues would arise, such as what evidence the family could hear. Deleting clause 11 would not deal with the problem that occasionally, inquests will be held without a jury and information will have to be gisted or summarised to the family. The difference is that the decision will be made by a judge under the Bill and would be made by the Secretary of State under the Opposition's proposals.