So NL is ditching its plans for the ‘Big Brother’ database where every scrap of electronic communication etc. sent would be stored.
The Home Office confirmed the “Big Brother” scheme had been delayed until after the election amid protests that it would be intrusive and open to abuse. Although ministers publicly insisted yesterday that they remained committed to the scheme, they have decided not to include the contentious measure in next week’s Queen’s Speech, the Government’s final legislative programme before the election.
Methinks it was scrapped due to costs (£2bn over 10 years) as opposed to NL having a ‘Road to Damascus’ experience realising the importance of civil liberties in a democratic society. Ah, no such luck!
NL may have kicked this plan into the ‘long grass’ but the desire for a secret state continues. Secret inquests or as they are now known as ‘secret inquiries’ will happen whenever they deem necessary especially when the ‘get out clause’ is ‘national security’. The government’s majority was 8 in being able to push through these draconian measures.
Andrew Dismore raised the case of Azelle Rodney in the debate last night:
On 30 April 2005, Azelle Rodney was in the rear seat of a car in Hale lane, Edgware, in my constituency. A police officer fired eight shots at the car, six of which hit Rodney, killing him. There is no evidence that Rodney was holding a gun when he was shot, although the other occupants were successfully prosecuted, firearms having been found in the vehicle. The suggestion was that it was part of a drugs operation, not, I have to say, a national security issue, and that covert surveillance was used.
The Independent Police Complaints Commission report has not been published, but it recommended no action. Four-and-a-half years on, there has been no inquest and no explanation, and Azelle Rodney’s mother, Susan Alexander, wants, needs and has a right to know what happened to her son. So do constituents, because they were made fearful by the incident having taken place in broad daylight at a busy junction. They, too, would like to know what was going on.
I was pleased when my right hon. Friend the Justice Secretary announced that the secret inquest proposals in the Bill were to be dropped, but I am disappointed that they have been replaced by secret inquiries. This debate seems to be something of a “Groundhog Day” in terms of the issues that we may have to cover. Schedule 1(3), which my amendment would remove, provides for the suspension of inquests
“on the ground that the cause of death is likely to be adequately investigated by an inquiry under the Inquiries Act 2005”.
However, there are no criteria or grounds for superseding an inquest specified in the Bill. On that basis, the proposals before us are worse than those that were withdrawn for secret inquests.
Furthermore
Given the way that the Bill is currently phrased, there will be secret inquiries at the behest of the Executive. The Executive will set the terms of reference, the Minister will choose the judge, the Minister or the judge can restrict attendance at the inquest, the Minister or the judge can restrict the disclosure or publication of evidence or documents, the Minister can redact reports and recommendations at the end of the inquiry, and the Minister can suspend the inquiry merely on the grounds that it is in the public interest to do so. That is far more broad and generous to the Secretary of State and to Ministers than the original super-inquest proposals were. That is why I am worried that there are no safeguards in the Bill that deal with this issue.
Similarly, if the inquest is resumed after the inquiry, the findings of the inquest are not allowed to be inconsistent with the outcome of the public inquiry, even if the jury comes to that conclusion. So if a judge is conducting a public inquiry and the inquest is later resumed at the behest of the coroner, the jury is not allowed to make a certain finding even if that is where the facts take it. Secret inquests are being replaced by the prospect of secret inquiries, which will not be adequate and effective investigations. They will not be independent or provide public scrutiny, and they will not involve the next of kin in the way that they should.
I really recommend if you get the chance to read the debate on Hansard.
Secret inquests or inquiries, call it what you will, is an attack on independence, public scrutiny, accountability and further erosion of civil liberties.
Bill Marshall-Andrews is correct when he argued in the debate yesterday, However, when something goes that wrong, and when something goes as wrong as it did the Jean Charles de Menezes case, there must be a public inquiry. Having a private, secret inquiry in those circumstances would be a devastating indictment of our system and of the use of Executive power.
And you can see the scroll of shame of spineless gutless MPs who voted against Dismore’s amendment. It fell by 8 votes. Gutless cowardly clone-like Labour MPs following the leadership in eroding and sacrificing civil liberties…and for what, exactly? Social authoritarianism and the encroaching secret state.
Shame on them!!