6 Intercept
86. The Bill contains provisions extending the exceptions
to the statutory prohibition on the admissibility of intercept
evidence, in asset freezing proceedings[90]
and in certain inquiries and inquests.[91]
87. We are extremely disappointed that the Bill does
not contain a wider relaxation of the prohibition on the admissibility
of intercept evidence in criminal proceedings for terrorism offences.
We had expected that, by now, the Chilcot Review would have been
published and there would have been a widespread public debate
about whether the obstacles to relaxing the ban can be overcome.
We remain of the view expressed
in earlier reports, that providing for the admissibility of intercept
evidence would remove one of the main obstacles to prosecuting
terrorist crime, a view shared by the Director of Public Prosecutions.
We believe it is essential that the Chilcot review reports as
soon as possible and in time to enable any legislation to be brought
forward as part of this Bill.
88. In our earlier report on intercept we called
on the Government to publish details of the "public interest
immunity plus" model being worked on inside Government as
the possible way forward, in order to inform and stimulate discussion
about the possible practical ways in which the obstacles to the
admissibility of intercept might be overcome.[92]
The Government in its reply to our report refused to do so.[93]
89. When our Chair met with the Chilcot review team
he heard that they welcomed as wide and well informed a debate
as possible about the possible ways forward. We
therefore call on the Government to publish the product of the
long running internal review of this question, including the work
done to date on the "public interest immunity plus model".
90 Clause 60, amending s. 18 of the Regulation of Investigatory
Powers Act 2000. Back
91
Clauses 66 and 67, also amending s. 18 of RIPA to allow disclosure
of intercept material for certain purposes. Back
92
Report on 28 days, chapter 4 (concerning intercept) at para. 108. Back
93
The Government Reply to the Nineteenth Report from the Joint
Committee on Human Rights Session 2006-07 HL Paper 157, HC 394,
Counter-Terrorism Policy and Human Rights: 28 days, intercept
and post-charge questioning, Cm 7215 (September 2007) at p.
10. Back
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