This week
has seen the Queens Speech in which the government sets out its agenda for the
coming Parliament. The Prime Minister, David Cameron, has commented that
Justice is a key feature of that agenda. This seems ironic in the light of the
most dramatic attack on Access to Justice that most lawyers can remember.
The Queen’s
speech included a commitment to another measure which is less of an attack on
Access to Justice but more an attack on Justice itself.
This is the
proposal for secret court hearings.
Under these
plans courts will hear some evidence behind closed doors. Now there will always
be highly sensitive cases involving national security when reporting of
evidence needs to be restricted. Judges can deal with that when the situation
arises. But these proposals go way beyond that. Defendants or Claimants will be
barred from hearing evidence directly related to their case. Even their legal
representatives will be excluded.
This flies
in the face of any understanding of open justice – of Justice being seen to be
done.
According
to the Guardian newspaper this has come following pressure from our own secret
services and also from the USA.
Their main concern has followed recent cases where evidence obtained by torture
or other abuse has been disclosed.
There is
even a suggestion that politicians rather than judges will have the final say in
what is to be concealed.
Most Human Rights
groups including Amnesty International and Liberty have expressed concern.
This comes
alongside other provisions which will make it easier for the state to tap
telephone calls and emails.
Will the
coalition which includes a party with Liberal and Democrat in the name support secret
courts? In the UK
we all have elected representatives. They should be left in no doubt that we do
not want secret justice where we are unable to see what is done in our name.
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