Nick Clegg Warns Liberal Democrat MPs Will Not Support Secret Court Hearings

PA/The Huffington Post  |  By   |  Posted: 4/04/2012 06:49 Updated: 4/04/2012 14:02

Nick Clegg
Nick Clegg has warned he cannot support plans to hold court hearings in secret unless major changes are made

Government plans to hold more inquests and court cases behind closed doors in order to appease American intelligence agencies appeared to be in tatters after deputy prime minister Nick Clegg told Cabinet colleagues he could not support the proposals in their current form.

The intervention by Clegg came as MPs and peers on the cross-party Joint Committee on Human Rights savaged Justice Secretary Ken Clarke's "inherently unfair" plans.

Clegg's concerns were set out in a letter to the Government's powerful National Security Council in which he warned that his Liberal Democrat colleagues would not be able to back the proposals without major changes.

The plans are aimed at finding a way of managing sensitive evidence from the security services, but Clegg said their concerns "cannot be allowed to ride roughshod over the principles of open justice".

He said the powers to take evidence in secret should not apply to inquests and that judges rather than ministers should decide when the measures are used in a small number of civil cases expected to be affected, the Daily Mail reported.

But Clark said that the current rules meant the intelligence agencies of the United States were starting to withhold information due to fears it would be revealed in British courts.

"The Americans have got nervous that we are going to start revealing information and they have started cutting back on what they disclose," he said. "If they fear our courts they won't give us the material."

He told BBC Radio 4's Today programme: "Sometimes national security requires you to give a guarantee of complete confidentiality."

The Joint Committee on Human Rights heaped further pressure on Clarke to perform a u-turn in a damning report which said the controversial and wide-ranging proposals were based on "vague predictions" and "spurious assertions" about catastrophic consequences.

In reality, the plans are a "radical departure from long-standing traditions of open justice" which should only ever be used when publicly disclosing material would carry "a real risk of harm to national security", the committee said.

Dr Hywel Francis, the committee's chairman, added it was "troubling" that the justice and security green paper "was not as clear as it should have been on the scope of its proposals or the narrowness of the justification for changing the law".

"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 said.

The committee added that the Government's "narrow concern" could be addressed by clarifying how public interest immunity, which enables sensitive material to be protected from disclosure, applies to national security information.

The report strongly criticised Clarke's green paper, saying his view that the plans were only intended to be used in a small number of cases "is clearly a change of position as there is no doubt that the proposals in the green paper are very broad in scope".

Responding to the committee's report, Clarke said the Government's proposals were "a common sense solution to a genuine problem in a very small number of cases".

"They will ensure that the Government is properly held to account when individuals challenge its actions in civil cases only, without revealing information which would compromise public safety," he said.

"This Government will do everything possible to uphold the principle of open justice.

"But British intelligence agents obviously cannot give evidence in open court about their sources, their techniques and their secret knowledge.

"This means that there is a compelling case for changing the current rules which stop judges considering any sensitive intelligence evidence at all, even where the case hinges on it, in compensation hearings or other civil cases.

"Under the current rules, even where a case has no merit, the Government is forced to pay out vast sums of taxpayers' money, and the public are left with no independent judgment on very serious matters."

The Justice Secretary went on: "This has been a consultation. I welcome the JCHR's contribution.

"We will listen to those who have made suggestions as we develop our plans.

"I am quite clear, though, that the current system is not working and needs to be reformed."

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Government plans to hold more inquests and court cases behind closed doors in order to appease American intelligence agencies appeared to be in tatters after deputy prime minister Nick Clegg told Cabi...
Government plans to hold more inquests and court cases behind closed doors in order to appease American intelligence agencies appeared to be in tatters after deputy prime minister Nick Clegg told Cabi...
 
 
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07:00 PM on 04/05/2012
I totally agree - says no to all the wrong things , the Lib Dems will be totally blown out of the water at the next Election thanks to this clown. And to think before the last election when the 3 leaders were quizzed on TV in the live debates I thought he was brilliant , what went wrong? He's a joke of a leader , Camerons not perfect but he's best of the lot. If I were Cameron I would leave it until everything calms down perform a couple of u-turns now (pension tax , pasty tax etc) have the next budget get the people back on side....then call an election he will win , and hopefully won't have to rely on Clegg the clown and his crownies.
05:27 PM on 04/05/2012
Like Tuition Fees - don't trust this self serving clown!
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casual agent
Advocate for social justice
10:32 PM on 04/05/2012
Just think of all those first time voters coming down the line'...They won't forget what this Lousy ConDumb' Government has done to em'...I hope they all come out on mass to hold these Tory Bleeders to account for their treatery.
01:50 PM on 04/05/2012
This is Nick Clegg's position until he's told otherwise by his boss. I am ashamed to say that I once voted Liberal Democrat, but I'm assured that this disaffiliation isn't permanent and he will soon slink into the undergrowth, sniffing around any party of any colour stupid enough to take his word. He would sell his own mother for a Ministerial Car, how proud of him she must be.
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Roger Cottrell
10:58 AM on 04/05/2012
Clegg is right to oppose the latest shredding of democratic rights in Britain's non-democracy - the secret court. But if he's suddenly discovered some principles why is he still supporting THIS GOVERNMENT!!!
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casual agent
Advocate for social justice
05:48 PM on 04/05/2012
Because he needs to make sure his future is sorted before the next election'...When the good people of Sheffield' Halam kick him out'...Thats if he doesn't step down first. But talking about Principles'...I doubt if he ever aguired any in the first place?....Just remember how many times he was against Tory Policies'....Then welshed on em' as soon as Dave said jump'...He said 'How High..?
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Roger Cottrell
11:15 AM on 04/06/2012
Again, I can't disagree with anything that the Casual Agent says. However, secret courts represent yet another abominable attack on democract rights in the name of an Orwellian "war on terror" (we seem in a 1940s frame of mind tis morning) and must be bitterly resisted irrespective of what Clegg and David Davies might happen to say that is (on this occasion) correct.
08:27 AM on 04/05/2012
Weak lily livered liberal democrats now showing their true colours and no guts when the going gets tough and hard decisions have to be taken.
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dd35-scot
08:10 PM on 04/04/2012
We all need to stand together on this one and if we do it will force these dictators to abolish their insidious plans.On doing so we will see a change for the better in this country but not unless we stick together.It will make folk realise that people power actually does work.
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clownzozo
Magician, Novelist and an Angry Old Git
06:32 PM on 04/04/2012
We will NOT allow our right of trial by jury to be stolen by Ken Clarke, or the Security Services.
They had best understand this now, rather than find out when they are standing in the dock.
The British Constitution has been ratified 35 times, and The Bill of Rights and LEGEM TERRÆ The Law of the Land, are sovereign.
No one shall be denied their right of trial by jury, not even the self-opinionated bore, Ken Clarke.
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No1Liberal
06:31 PM on 04/04/2012
Thank goodness the British are getting it right. Now, if Americans can demand that their Government be as transparent. What's to hide?
06:09 PM on 04/04/2012
How can we tell when this lot are lying?....... Their lips move.
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casual agent
Advocate for social justice
05:59 PM on 04/05/2012
Exactly like the Tories...
06:01 PM on 04/04/2012
PLEASE! PLEASE do NOT vote for the LibDems at the local elections. If enough of their councilors get kicked off the gravy train they MAY grow enough backbone to get rid of this self serving little man and his useless mates.
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dd35-scot
08:16 PM on 04/04/2012
Consider what would also happen if everyone elligible to vote was to write to their respective MP and tell them in no uncertain terms their feelings and unless something is not done to prevent this happening they will not be getting their vote at the next council or general elections.
By law every single letter has to be answered and they would all be heading out of Westminster,redundant because no-one would have voted for them.Tha's true people power.
05:57 PM on 04/04/2012
The Pathetic Creep he say No. That probably means yes with this weak- willed self serving man.
05:15 PM on 04/04/2012
When a government seeks to have courts in secret no matter the reason the alarm bells should be ringing, we already have family courts held in secret. These courts have been guilty of many miscarriages of justice and the families have been unable to even talk about it, so what would happen in the new secret courts. The temptation to extend the remit of such courts if not by this government but by others will become irresistible, what would happen if the government decides to put their expenses under the secrets act.

A government that looks to hold secret courts is losing the will of the people; they are drifting away from reality and any connection to those they were elected to serve. Freedom is something politicians continue to fail its understanding and it never means the abuse of the people.

It seems the men of money favour the Chinese version of democracy and people independence, one day they won’t bother with the secret courts. If we are not allowed to know about the courts and the people in them why have the courts in the first place.
05:13 PM on 04/04/2012
And do we believe him.
04:50 PM on 04/04/2012
Clegg will do whatever he wants to do.He,s his own man , David told him.