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Proceeding contribution from Lord Carlile of Berriew (Liberal Democrat) in the House of Lords on Wednesday, 28 October 2009. It occurred during Debate on bill on Coroners and Justice Bill.


Coroners and Justice Bill

My Lords, I will speak briefly in support of the proposal that special advocates should be available in the type of case that is under consideration. Perhaps it is worth reminding noble Lords that special advocates have proved not only useful but very effective in control order cases involving terrorism suspects that have gone before the High Court. There are a number of cases—a number increasing almost day by day as we speak—in which special advocates have been able to persuade the court that there are circumstances militating against either the control order itself or certain conditions under it. I apprehend that special advocates in witness anonymity cases will be used very rarely; nevertheless, it is my view that some of these cases are extremely complicated evidentially and that there is justification in scrutinising the circumstances in which what amounts to secrecy is being imposed. I therefore urge the Minister when he replies to consider whether, in a residue of cases where there are circumstances that require special inquiry, the power should be provided so that special advocates can be appointed. I think that it needs to be put in statutory form because, if it is not, they will suffer the indignity if appointed under an inherent power, if it exists, of not being paid.


Secondary information

Type
Proceeding contribution
Reference
713 c1198 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Disclosure of information Criminal investigation Administration of justice Conspiracy Defamation Blasphemy Alternatives to prison EU countries Freedom of information Evidence Driving Disqualification Forced labour Informers Freedom of expression Offenders Northern Ireland Protection Membership Prisoners Publicity Prison sentences Statistics Sentencing Witnesses Voting rights Slavery Video conferencing Sentencing Council for England and Wales
Legislation
Coroners and Justice Bill 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk