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The justice and security green paper - twenty-fourth report of session 2010-12, report, together with formal minutes and written evidence (Paperback)
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The justice and security green paper - twenty-fourth report of session 2010-12, report, together with formal minutes and written evidence (Paperback)
Series: House of Commons Papers, 2010-12 1777
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The Joint Committee on Human Rights (JCHR) calls for statutory
clarification of law on disclosure of national security-sensitive
material, but finds no case for more extensive change. The
Government has failed to make the case for extending "closed
material procedures" to all civil proceedings and to inquests: the
Government has not demonstrated that the fairness concern on which
it relies to justify the proposal is in fact a real and practical
problem. The Committee believes that closed material procedures are
inherently unfair and the proposals in the Green Paper are a
radical departure from longstanding traditions of open justice and
fairness. Nor does it accept that replacing the current law
governing disclosure of sensitive material (the law of Public
Interest Immunity, or "PII") with closed material procedures is
justified. The rule of law requires that decisions about the
disclosure of material in legal proceedings be taken by judges not
ministers and the current legal framework of PII has not been shown
to be inadequate. There is a case, however, for that legal
framework to be made clearer in the way in which it applies to
national security-sensitive material and the Committee suggests how
that could be done by legislation and changes to the Coroners Rules
and guidance. The Committee regrets that the Green Paper overlooks
the very considerable impact of its proposals on the freedom and
ability of the media to report on matters of public interest and
concern.
General
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