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Terror orders 'could be scrapped' | Terror orders 'could be scrapped' |
(31 minutes later) | |
The government says some terror suspects could come off control orders because of a ruling on secret evidence. | The government says some terror suspects could come off control orders because of a ruling on secret evidence. |
The Law Lords say the suspects must be given some idea of the evidence against them so they can defend themselves. | The Law Lords say the suspects must be given some idea of the evidence against them so they can defend themselves. |
But Security minister Lord West told peers the judgement could may mean some of the orders would "have to go". | But Security minister Lord West told peers the judgement could may mean some of the orders would "have to go". |
He said the Home Office would need to find an alternative measure to monitor the suspects - but not all the control orders were affected by the judgement. | He said the Home Office would need to find an alternative measure to monitor the suspects - but not all the control orders were affected by the judgement. |
In a major ruling last week, nine Law Lords unanimously found that it was unfair that individuals should be kept in ignorance of the case against them. | |
Their ruling, which some of the Lords made reluctantly, followed a precedent on secret evidence at the European Court of Human Rights. | |
The Lords did not quash the three control orders - but sent the cases back to the High Court for fresh hearings. | |
In practice, this means the Home Office has a choice between putting more intelligence material in the public domain or dropping cases if it does not want to reveal more information. | |
'Complex issues' | |
In the Home Office's first statement to Parliament on the ruling, security minister Lord West of Spithead said: "We have to have a way of handling some very dangerous people. | |
A trial procedure can never be considered fair if a party to it is kept in ignorance of the case against him. Lord Phillips, in control orders ruling Terror suspects win legal battle | |
"We are going to have to go through each one on a case-by-case basis. These are highly complex issues." | |
He acknowledged that one of the Law Lords had warned that their ruling could spell the end of the orders - but that the alternatives to control orders appeared to be "hugely expensive" and lacking a similar level of monitoring of suspects. | |
"We will go and look at each one individually it's quite clear that not all the orders will be adversely affected by this judgement. | |
"As regards the other ones, if they don't pass the test, clearly we will follow what the direction is here and those control orders will have to go. | |
"And what we will have to do is put in place something to ensure the safety of this island because that's our greatest priority and that will be difficult." | |
Lord Lloyd of Berwick, a former Law Lord who reviewed terror legislation in the 1990s, told peers: "This is the second time on which a major piece of government anti-terrorism legislation has come unstuck. | |
The government should now phase out all existing control orders as soon as possible and come up with some other means of meeting the terrorist threat in a way that is consistent with the defendant's right to a fair trial. | |
"In particular the defendant must know, if he is to have a fair trial, the case that he has to meet." |
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