1-11 of 11 results for subject:Secrecy
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My Lords, I speak as a member of the Joint Committee on Human Rights. I intend to make only one speech, if I can get away with that, and to make it as brief as I can.
The issues raised in this debate are of profound importance to the rule of...
My Lords, I speak as a member of the Joint Committee on Human Rights. I intend to make only one speech, if I can get away with that, and to make it as brief as I can.
The issues raised in this debate are of profound importance to the rule of...
I am sorry to interrupt my noble friend, but does he accept that in the Binyam Mohamed case, neither the Divisional Court nor the Court of Appeal presided over by the noble and learned Lord, Lord Neuberger, revealed any information that in any way prejudiced national security, even though it...
I am sorry to interrupt my noble friend, but does he accept that in the Binyam Mohamed case, neither the Divisional Court nor the Court of Appeal presided over by the noble and learned Lord, Lord Neuberger, revealed any information that in any way prejudiced national security, even though it...
I am sorry to interrupt my noble and learned friend. Does he accept the Joint Committee’s point that, instead of relying on Article 6, to weaken the common law, one should approach the convention through our legal system, including common law guarantees of fairness? Does he also accept that we...
I am sorry to interrupt my noble and learned friend. Does he accept the Joint Committee’s point that, instead of relying on Article 6, to weaken the common law, one should approach the convention through our legal system, including common law guarantees of fairness? Does he also accept that we...
My Lords, I apologise for the fact that I missed the very beginning of this and it may be that in doing so I am about to say something stupid. However, am I right in taking from what the Minister is saying that the Government oppose Amendment 56 even though...
My Lords, I apologise for the fact that I missed the very beginning of this and it may be that in doing so I am about to say something stupid. However, am I right in taking from what the Minister is saying that the Government oppose Amendment 56 even though...
I am grateful to my noble friend for the way in which he introduced the amendments. It makes my task brief and rather less sophisticated. I will make a number of points. First, the report of the Joint Committee on Human Rights on the Green Paper summarised, in paragraph 97...
I am grateful to my noble friend for the way in which he introduced the amendments. It makes my task brief and rather less sophisticated. I will make a number of points. First, the report of the Joint Committee on Human Rights on the Green Paper summarised, in paragraph 97...
My Lords, in a sense, we have been through this before. This is another means of tackling the problem. I entirely agree with the noble Lord, Lord Hodgson, in raising issues of public confidence. It is a matter of great concern to me that what we call civil society—often very...
My Lords, in a sense, we have been through this before. This is another means of tackling the problem. I entirely agree with the noble Lord, Lord Hodgson, in raising issues of public confidence. It is a matter of great concern to me that what we call civil society—often very...
Is the answer to the noble and learned Lord, Lord Falconer, that the principle of proportionality is intended to apply here—in other words, that the court must exercise a sense of proportion once a case is through the gateway? If that is so, it is very important. Can the Government...
Is the answer to the noble and learned Lord, Lord Falconer, that the principle of proportionality is intended to apply here—in other words, that the court must exercise a sense of proportion once a case is through the gateway? If that is so, it is very important. Can the Government...
To ask Her Majesty’s Government whether they will introduce measures to ensure that judgments made by courts and tribunals under the Closed Material Procedure are made public when the reasons for maintaining their secrecy no longer obtain. [HL953]
To ask Her Majesty’s Government whether they will introduce measures to ensure that judgments made by courts and tribunals under the Closed Material Procedure are made public when the reasons for maintaining their secrecy no longer obtain. [HL953]
Closed judgments contain highly sensitive material. For this reason they are not suitable for publication by law reporting organisations which are not security cleared. Closed judgments are usually handed down in tandem with an open judgment, and most judges state in their open judgment that a closed judgment has also been handed down.
Judges will put as much of their reasoning into open as possible, including statements of legal principle that are most likely to have cross-case relevance. It is open to special advocates and counsel for the Government to make submissions about moving material from the closed judgment to the open judgment. If the court is persuaded that it would not harm the public interest to do so, then material will be moved to the open judgment
The Lord Chancellor’s code of practice on the management of records issued under Section 46 of the Freedom of Information Act 2000 provides the guidance on the management of records held by bodies subject to the Public Records Act 1958.
To ask Her Majesty’s Government how many judgments and decisions have been handed down following a closed material proceeding in the past 15 years by (1) the Employment Tribunal; (2) the Special Immigration Appeals Commission; (3) the High Court exercising its judicial review jurisdiction; and (4) any other court or...
To ask Her Majesty’s Government how many judgments and decisions have been handed down following a closed material proceeding in the past 15 years by (1) the Employment Tribunal; (2) the Special Immigration Appeals Commission; (3) the High Court exercising its judicial review jurisdiction; and (4) any other court or...
(1) The employment tribunal does not record the use of closed material procedures (CMPs) centrally and this information could only be obtained at disproportionate cost.
(2) The Special Immigration Appeals Commission was created by the Special Immigration Appeals Commission Act 1997 and has decided 92 appeals that relied on evidence heard in closed proceedings. The earliest of these appeals was heard in 2002.
(3) The High Court does not record the use of CMPs in a readily available format and it could only be obtained at disproportionate cost.
(4) The Prescribed Organisations Appeals Commission has decided one appeal and this relied on evidence heard in closed proceedings in 2007.
The First-tier Tribunal (Information Rights) decided four appeals which considered evidence in closed hearings in the past 12 months. The tribunal does not hold information on the use of closed hearings prior to this in a readily available format.
The Upper Tribunal (Tax and Chancery Chamber) decided one appeal in the past 18 months which considered evidence in closed hearing, but does not hold information on the use of closed hearings prior to this.
Her Majesty's Courts and Tribunals Service does not centrally record other uses of CMPs. It would only he possible to provide this information at disproportionate cost.
To ask Her Majesty’s Government whether they will publish the responses to the public consultation on the Justice and Security Green Paper.
To ask Her Majesty’s Government whether they will publish the responses to the public consultation on the Justice and Security Green Paper.
Whether they will obtain and publish, in relation to the British citizens facing the possibility of trials before military commissions in Guantanamo, copies of: (a) President Bushs Military Order of November 2001 authorising trials outside the normal federal and military courts; (b) the Military Commission Order of March 2002; (c)...
Whether they will obtain and publish, in relation to the British citizens facing the possibility of trials before military commissions in Guantanamo, copies of: (a) President Bushs Military Order of November 2001 authorising trials outside the normal federal and military courts; (b) the Military Commission Order of March 2002; (c)...