Even in its (probable) dying days of power Labour is still being taken to task by the courts for railroading civil liberties under the pretence of protecting national security.
As the Guardian reports
The court of appeal has dismissed an attempt by MI5 and MI6 to suppress evidence of their alleged complicity in the torture and secret transfer of British residents to Guantánamo Bay.
In a devastating judgment, it ruled that the unprecedented attempt by the security and intelligence agencies, backed by the attorney general and senior Whitehall officials, to suppress evidence in a civil trial undermined deep-seated principles of common law and open justice.
MI5 and MI6 said evidence in the case, in which the Guardian, the Times and the BBC intervened, should be kept secret from everyone except the judges and specially appointed and vetted counsel.
The case concerns six Guantanamo detainees, including Binyam Mohamed, who has already won a separate case to make public information regarding his mistreatment. They have taken out a civil action against the government in respect of various abuses including torture and false imprisonment. The government was attempting to have the entire case heard in secret with evidence used in the government’s defence withheld from the claimants, a flagrant breach of natural justice. One of the judges who made the ruling, Lord Neuberger, put it perfectly –
The principle that a litigant should be able to see and hear all the evidence which is seen and heard by a court determining his case is so fundamental, so embedded in the common law, that, in the absence of parliamentary authority, no judge should override it … [it] represents an irreducible minimum requirement of an ordinary civil trial,
This follows a ruling last week by the European Court of Justice that restrictions on the payment of benefits to the wives of individuals who have had their assets frozen due to suspected terrorist activity are illegal. The restrictions included only being allowed to withdraw £10 a week in cash for each member of the household and having to regularly submit detailed reports of their finances to the Treasury. Right to the very end Labour has refused to learn that these kind of spiteful and vindictive measures do nothing to combat terrorism and do everything to undermine public support for the fight against it.