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Proceeding contribution from Humfrey Malins (Conservative) in the House of Commons on Monday, 8 February 2010. It occurred during Debate on bill and Committee of the Whole House (HC) on Terrorist Asset-Freezing (Temporary Provisions) Bill.


Terrorist Asset-Freezing (Temporary Provisions) Bill

My right hon. and learned Friend confirms that it means county. The key point was this: what remedy did that man have in relation to that designation? The answer was none. We thought—and I think—that that was a disgrace. If we hand power to the Executive without giving the citizen a proper legal remedy—a right of appeal—we are not doing our duty. If we make a whole series of orders—designation orders, freezing orders and so on—that have such a dramatic impact on someone's life, do we as a Parliament not have a duty to ensure that we give that individual some hope of overturning them? Otherwise, what kind of world will we be living in? My right hon. and learned Friend the Member for Sleaford and North Hykeham (Mr. Hogg) and others have pointed out that judicial review is limited. The special advocate procedure is limited. However, we have to do something, because it would be terrible if, in years to come, we move further in the direction of the Executive being able to do something nasty against citizens, who then do not have the right to say to an independent judge, ““Listen, this isn't fair. It's not just. Please overturn it.”” That is one of the most important factors in our election to this Parliament: we are here to speak up for those who are dealt with in such a way by the Executive that they are defenceless. It is our job to protect them and ensure that they are protected. Judicial remedies and appeals, and parliamentary scrutiny are two important aspects of this debate. I would hope—but we have not got the time. Oh dear! I hoped we would have had time to explore those issues at some length over the coming months, to ensure the basic rights of our citizens.


Secondary information

Type
Proceeding contribution
Reference
505 c689-90 
Session
2009-10
Chamber / Committee
House of Commons chamber
Subjects
Disclosure of information Assets Crown dependencies Channel Islands Finance Licensing Human rights Legal aid scheme EU law Isle of Man National security Parliamentary scrutiny Terrorism United Nations Supreme Court UN resolutions al Qaeda Taliban Freezing of assets Sunset clauses
Legislation
Terrorist Asset-freezing (Temporary Provisions) Bill 2009-10
Link
View this Proceeding contribution on www.publications.parliament.uk