Chris Bryant

It does actually, and I do not think the right hon. Gentleman fully understands quite how our amendment operates. Let me turn to new clause 21, which I think he thinks is key, and which we oppose for several reasons. First, it would introduce restrictions on investigations and reviews, and prosecutions of only certain groups, making it almost impossible to comply with our human rights obligations. That includes cases in which the Government have already been found by the European Court of Human Rights to have failed to discharge their obligations. The Opposition have clearly learned absolutely nothing from their own legacy Act. Secondly, the approach to new and compelling evidence is incoherent. It is clear that to establish whether such evidence exists, an investigative process would be required, and that creates more legal process not less. That is why the Government have tabled our own workable amendment that requires the commission to consider whether new and compelling evidence exists before approaching a witness. Thirdly, and perhaps most importantly, the Opposition new clause seeks to introduce a judge—a Supreme Court judge no less—at a wholly inappropriate point in proceedings, thereby changing long-standing principles regarding criminal proceedings that would almost certainly be rejected outright by the UK Supreme Court. I note that having asked everybody who has advocated for this new clause whether they have even approached the Supreme Court there is absolute silence from Opposition Members, because they know perfectly well that it is a completely and utterly unworkable proposal. Fourthly, the amendment attempts to ensure that “individual personnel acted in good faith” unless “the prosecution can prove beyond reasonable doubt that the conduct was unlawful.” This merely repeats what is a fundamental principle of our criminal justice process: that an individual is considered innocent until proven guilty.