Hilary Benn

The aim of the remedial order is to remove from the statute book provisions in the previous legislation that have been found to be incompatible with our obligations. I would just say that the letters of comfort did not offer immunity. That has been quite clear from Lady Justice Hallett’s review and what the Chief Constable and others have said. I want to reassure the right hon. Gentleman on the interim custody orders. The Supreme Court judgment was in 2020. The last Government did not know what to do about that: it was not a judgment that the Government expected, and they did not know how to deal with the question of potential compensation. In the end, two Members of the other House introduced what are now sections 46 and 47. They were voted on, but they were subsequently found to be ineffective in achieving the objective, when the court said that they were incompatible. What I have just told the House is that the new draft remedial order will not remove them from the statute book. Sections 46 and 47 will remain in place until such time as the new legislation I am introducing takes effect. It is a flimsy defence, because it has already been found by the courts to be ineffective, but it will remain in place. It shows that I have listened to the representations that were made about sections 46 and 47, and it is placed in the remedial order. I am now going to deal with the problem by legislation in the way that I set out.