Five reasons why Liberty opposes the proposals contained in the Government's Justice and Security Bill:
- The
Government is attempting to set itself above ordinary people and the law. It
is a vital constitutional principle of this country that no one is above
the law yet the Government’s
proposals would re-cast our civil justice system in its favour. The
Government would have the power to present secret evidence to defend serious allegations of wrongdoing and
control litigation brought against it.
- They will fundamentally damage our centuries-old system of fair trials, which allows all parties to see and challenge all evidence relied upon in court. If courts are able to hear unchallenged evidence from one side, it is likely that they will be misled, allowing perverse judgments to be reached.
- They are not only dangerous, but unnecessary. Current mechanisms to protect national security in the courts through Public Interest Immunity are working perfectly well and allow a much fairer balance between protecting the public interest and the need to ensure fairness. The limited use of CMP at present is so flawed and unfair that the Special Advocates involved in the system have said that they can see no justification for extending it and called the Government’s plans “insupportable”.
- They represent a serious threat to freedom of speech and the media’s ability to report on Government actions. Recent scandals surrounding Government involvement in torture and extraordinary rendition were only revealed as a result of litigation and investigative journalism. This information may never have come to light had these proposals already been in force.
- They pose a significant threat to public scrutiny and accountability of the Government, the Security Services and potentially other public bodies. Victims and their families may lose their right to explanation and compensation and we will lose vital opportunities to learn from our mistakes.