USE OF SECRET EVIDENCE IN COURTS

Early day motion 439, tabled 14 December 2009 by Diane Abbott (Labour). Signed by 27 members.

That this House believes the use of secret evidence in courts is fundamentally wrong; notes that secret evidence is evidence held by the Home Office against an individual that neither the individual, nor their legal representation, may see; further notes that in recent cases secret evidence has been used to detain individuals in prison for up to three years without charge or trial; further notes that these individuals may also be put under a control order or severe bail conditions; further believes that the use of secret evidence by the state against individuals runs entirely contrary to habeas corpus; recognises the European Court of Human Rights' ruling that detaining individuals on the basis of secret evidence is unlawful because `detainees had not been able to effectively challenge the allegations against them'; further recognises the High Court's rulings that `everyone is entitled to the disclosure of sufficient material to enable him to answer effectively the case that is made against him' in both control order and deportation order cases; is disappointed to learn that recent Special Immigration Appeals Court hearings have denied bail on the basis of no evidence whatsoever; and calls on the Government to respond immediately to the High Court ruling by ending the use of secret evidence in courts.

Signatures by party: Labour 17, Liberal Democrat 5, Social Democratic and Labour Party 2, Conservative 1, Independent 1, Respect 1.