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They also say special secret trials are needed to handle sensitive intelligence material.

In the past, British prosecutors have had to withdraw from trials because they were unable to back-up their cases without publicly exposing secret intelligence. The British government is proposing to establish special courts for civil trials and inquests to hear secret evidence. Under the plan, claimants and their lawyers will be shut out of the hearings, but will be represented by special, security-cleared, advocates.

Under pressure from his own party, Deputy Prime Minister Nick Clegg, the Liberal Democrat leader, has written a letter to fellow cabinet ministers on the National Security Council warning them the security services “cannot be allowed to ride roughshod over the principle of open justice.”

He has also invited civil liberties groups to challenge proposals to expand police surveillance powers, saying any legislation must be carefully scrutinized to get a proper balance between security and liberty.

When Britain’s previous Labour government tried to introduce similar legislation to expand security surveillance powers in 2009, it rapidly withdrew the laws after facing the teeth of a fierce public backlash.

Now, Liberal Democrats are threatening to lead opposition to the new laws.

“There must be no question of the authorities having universal Internet surveillance powers,” Liberal Democrat President Tim Farron wrote recently on his party’s website. “We should be prepared to look at what will now be draft legislation with an open mind, but we should be prepared to put our foot down and pull the plug if we consider the proposals too illiberal.”

National Post

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