The bill includes proposals that allow the government to present evidence behind closed doors without giving the other party or their legal representative access to that evidence.
The government insists that the procedure is essential as a safeguard for the national security of Britain.
However, legal, media and political commentators, including Reprieve legal charity and Liberty human rights group, have condemned the proposal as a means to prevent embarrassing leaks of intelligence, including prisoners’ torture in other countries.
The government claims the proposals make trials “fairer” yet the Lords Constitution Committee have dismissed such an argument saying the bill rather gives the government leverage to lead the court proceedings as it wills.
“It is ‘constitutionally inappropriate’ for the government to have a dual role in civil proceedings of acting as a party to the litigation and being the gatekeeper deciding on how that litigation is conducted,” the committee said.
The committee also added allowing the government to extend Closed Material Procedures (CMP) to civil cases will undermine “judicial balancing” as the government’s resort to national security fears to support its argument for further use of CMP could damage the “public interest of fair administration of justice.”
The British parliament’s Joint Committee on Human Rights (JCHR) have already condemned the secret justice proposals as a “radical departure” from British legal principles.
“[Justice Secretary] did not seem to think that the proposals in the Green Paper were as radical a departure from our longstanding traditions of open justice and fairness as I, the committee and many others believe them to be,” Committee chair Hywel Francis said.
“Closed material procedures are inherently unfair and the Government has failed to show that extending their use might in some instances contribute to greater fairness,” he added.
AMR/JR/HE
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