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Coroners and Justice Bill

I am not arguing for the Opposition's case; I am arguing for my own case. I think that my right hon. Friend has misunderstood my point. The decision that is challengeable only by judicial review is the decision to put the case into the special process in the first place. Once it is in the special process, other appeal arrangements might well apply. However, the decision to certify it as being required to follow this process—and therefore to run the risk of all the other consequences for the families—is subject to the judicial review test. If my right hon. Friend were to say that the threshold that the families had to meet if they wanted to challenge the decision to certify in the first place involved the normal appeal route, that would be different. However, that is not what is proposed in the amendments tabled by my right hon. Friend. That is a key issue. We can look at this question from a slightly different angle—in the context of the Binyam Mohamed case. The judges in that case would not go behind the Foreign Secretary's certificate over the material that came from the United States, even though they were clearly not happy with what they were being asked to do, because of the security considerations as certified.