JOINT COMMITTEE ON HUMAN RIGHTS, Press notice (No. 8, 22 October 2010) Terrorist asset-freezing powers: Joint Committee on Human Rights expresses concerns about use of secret evidence In a Report published today, the Joint Committee on Human Rights (JCHR) expresses concern over some of the significant human rights issues raised by the Government's Terrorist Asset-Freezing Etc. Bill, including the fairness of using secret evidence in the same way as it is used to make control orders. The preliminary report is intended to bring Parliament's attention to several issues which the Committee is currently discussing with the Government.
The Committee welcomes the Government amendments made at the Lords Committee Stage. However, it also makes several recommendations for further improving the Bill to make it comply with human rights laws, including:
* making the legal framework on the use of secret evidence fair by making clear that the Government must provide sufficient information about the allegations against an individual to enable them to give effective instructions to the special advocate who represents their interests (see paras 37-39);
* clarification that asset-freezes can only be imposed where the relevant facts about involvement in terrorism have been proved "on the balance of probabilities";
* more detailed justification for enabling the Government, rather than the courts, to impose final asset-freezes; and
* providing for the independent reviewer of the terrorist asset-freezing regime to be appointed by and report directly to Parliament, not to the Government.
Dr Hywel Francis MP, Chair of the Committee, said: "The power to freeze terrorist assets is an important counter-terrorism measure. However, as it stands, this Bill is a missed opportunity to make sure that it is always used proportionately and fairly. In particular, there is a chance in this Bill to make sure that the use of secret evidence is never allowed to cause unfairness to people who are made the subject of these draconian measures. However, we welcome the changes that the Government has made so far to this Bill, and the Committee is currently in correspondence with Ministers about the issues we have flagged up in this preliminary Report. We may need to consider a further Report when the Bill is before the House of Commons, but this will depend on the extent to which our concerns have been addressed."
The full membership of the Committee is as follows: Dr Hywel Francis MP (Labour, Aberavon) (Chairman) Lord Bowness (Conservative) Dr Julian Huppert MP (Liberal Democrat, Cambridge) Baroness Campbell of Surbiton (Cross-bencher) Mrs Eleanor Laing MP(Conservative, Epping Forest) Lord Dubs (Labour) Mr Dominic Raab MP (Conservative, Esher and Walton) Lord Lester of Herne Hill (Liberal Democrat) Mr Richard Shepherd MP (Conservative, Aldridge Brownhills) Baroness Morris of Bolton (Conservative) Mr Andy Slaughter MP (Labour, Hammersmith) Lord Morris of Handsworth (Labour)
Clerks of the Committee: Mike Hennessy (House of Commons) 020 7219 2797 Rob Whiteway (House of Lords) 020 7219 6772
Enquiries: 020 7219 2467 Fax: 020 7219 8393 E-mail: jchr@parliament.uk