Liberty - Protecting civil liberties, promoting human rights

In May 2012 the Government’s Justice and Security Bill announced plans to make drastic changes to our system of justice and fair trials. Liberty believes that the proposals are dangerous and unnecessary. They would not only overturn centuries of common law fair trial protections for those seeking to challenge the actions of the State, but also undermine the vital constitutional principle that no one is above the law, including the Government.

Announced in the wake of high-profile and embarrassing litigation and media investigations which revealed the UK Government’s shameful involvement in extraordinary rendition, torture and indefinite detention without trial, the proposals seek to limit public scrutiny of the Government, security services and public bodies and avoid further embarrassment by sweeping aside a centuries-old justice system in favour of one that is deeply flawed and unfair.

The two main proposals are:

• To introduce the controversial and highly flawed system of Closed Material Procedures and Special Advocates into the ordinary civil law. Secret evidence – never disclosed to the claimant, let alone public or press – would be used to defend serious allegations in cases where the Government felt there was material which might ‘damage the public interest’. The only people allowed to be present would be the judge, the Government itself and the Government appointed Special Advocate.
• To put the Security Services – and potentially other public bodies – above the law in civil actions involving the wrongdoing of the UK Government and third parties.(Norwich Pharmacal Applications)

Designed to keep the press and public in the dark, these proposals will have serious implications for media freedom and the rights of potential victims and their families seeking answers or reparation through the courts or inquest proceedings.

The remit of what might be ‘damaging to the public interest’ is so broad, it could include civil actions against the police for assault or false imprisonment; personal injury claims brought by ex-servicemen against the Ministry of Defence; inquests into deaths where the State is implicated; and class actions against Government or big business.

Five reasons why Liberty oppose these proposals:

1. The Government is attempting to set itself above ordinary people and the law
2. They will fundamentally damage our centuries-old system of fair trials
   
3. They are not only dangerous, but unnecessary
4. They represent a serious threat to freedom of speech and the media’s ability to report on Government actions
   
5. They extend well beyond national security matters
   

Take action:

• Sign our For Their Eyes Only petition (see Take Action Now on the right side of this page)
• Email your MP (see Take Action Now on the right side of this page)
• Download our For Their Eyes Only blindfold. We're asking our supporters to send us their pictures of our For Their Eyes Only blindfold to help show support for our campaign - see For Their Eyes Only Gallery
  
• Watch and share our short film about the proposals, 'End of the Affair'
• Read Liberty’s Response to the Justice and Security Green Paper
• Read the Special Advocates' response to the Green Paper
• Email justiceandsecurity@cabinet-office.x.gsi.gov.uk and tell them that no one is above the law, including the State. The official public consultation is closed but there's nothing to stop you telling them what you think of these proposals at the address above. Please CC feedback@liberty-human-rights.org.uk”
• Donate to the For Their Eyes Only campaign. Text “FTEO12 £5” to 70070 to donate five pounds to the campaign fund.

What the papers say

Since the launch of Liberty's For Their Eyes Only campaign on February 14 2012, media coverage and comment from across the political spectrum has been overwhelmingly critical of the proposals contained in the Government's Justice and Security Green Paper. Read a selection here.

FAQs:

• What are Closed Material Procedures or CMPs?
• When would they apply? What about matters of national security?
• Who are Special Advocates (SAs) and what do they do?
• How will this affect inquests?
• What are the alternatives to CMP?
• What is the Government’s argument for extending CMP?
• What are Norwich Pharmacal Applications?