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British Government Attempts To Scrap Open Justice In The
Name Of Fighting Terrorism
Ministers want to re-write fundamental principle of English
law to accomodate state secrecy
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The British government has inserted provisions into a Counter-Terrorism
Bill that would see centuries old principles of law and justice
undermined and allow the government unprecedented powers to intervene
in the workings of the judiciary.
The legislation would allow inquests to be held
in secret without a jury and would grant the government the right
to replace the coroner with their own appointee, should they deem
it to be a matter of national security.
The
Times of London has the story, pointing out that
the change in law would also allow the Home Secretary (The British
equivalent of Secretary of State) to "bar the public from
inquests if it is deemed to be in the public interest", a
candidate for the award of most Orwellian phrase if ever there
was one.
The report goes on to state:
It could be applied to inquests similar to those
into the deaths of the weapons inspector David Kelly, “friendly-fire”
military casualties or Diana, Princess of Wales, and Dodi Fayed.
In future, inquests similar to that into the death of Jean Charles
de Menezes, which is due to start next month with 44 police
officers giving evidence anonymously, could also be subject
to the secrecy clause.
Lawyers, opposition MPs and pressure groups have told The Times
that the move represents a fundamental breach of the right to
a public inquiry into a death – a centuries-old mainstay
of British justice.
The bill passed the House of Commons last month,
without any mention of the measure which was overshadowed by debate
surrounding the legal detention length of suspects in terror cases.
(Article continues below)
Critics and public pressure groups, including The Coroners’
Society, have slammed the proposal, warning that it could easily
be used to shield from public scrutiny any case that the government
deems politically sensitive.
Lawyers have warned that the measure undermines the entire justice
system in the UK by threatening the principle of open justice.
The move also represents a breach of the separation of powers
of the state, the foundation underpinning the British political
system and the governance of democratic states in general. Britain
is renowned for having one of the most independent judicial systems
in the world, this measure would go some way to scaling that back
significantly.
Labour MP Andrew Dismore, the chairman of the Joint Committee
on Human Rights, has also stated that the provisions contravene
the European Convention on Human Rights.
Though the measure will likely not pass the House of Lords, still
the final arbiters of judicial disputes in the UK, the fact that
the government even legislated it speaks volumes of their agenda
and intention to continue to use anti-terror laws to grant themselves
further unchecked power and implement greater secrecy.
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