Ministers demand five trials in secret: New powers used to block access to court cases

Powers for civil cases to be heard in private were pushed through last year

Campaigners say the government is trying to avoid embarrassment

The Mail has long campaigned against cases being heard in secret



Ministers have asked to hold controversial court cases behind closed doors five times in the past year – and been given permission for at least three.

The cases involve a terror suspect suing the Government over alleged torture, Iranian shipping officials suspected of transporting nuclear material, and an IRA mole suing MI5.

Powers for judges to allow evidence to be heard in private, in civil cases involving national security, were pushed through Parliament last year despite strong opposition.

The Strand facade of the Royal Courts of Justice in London: Five controversial lawsuits will be heard in secret

In the first report on how the power had been used, Justice Secretary Chris Grayling revealed ministers had made five applications for the ‘closed material procedure’ in the year to June 24.

The report said two applications had been granted, but it is known that a third was also allowed at the start of this month. The other two are yet to be decided. A government spokesman said the figures showed the power created under the Justice and Security Act 2013 had been used ‘sparingly’.

But campaigners say the Government is simply trying to avoid embarrassment after high-profile cases such as the Guantanamo detainees who sought damages for alleged torture.

In one case, Home Secretary Theresa May won a top judge’s permission to use secret court hearings to defend a damages claim brought by IRA mole Martin McGartland, a former Special Branch officer.

He was suing MI5 for breach of contract and negligence in the way he was treated following a shooting by the IRA which left him unable to work. He claims the security services failed to provide care for post-traumatic stress disorder and access to disability benefits. Mr Justice Mitting said ‘sensitive material’ relating to the protection and the training of security service ‘handlers’ arose in the case which could not be heard in public.

The Mail has campaigned against secret courts

The Government was also granted secret hearings in a case involving members of the Islamic Republic of Iran Shipping Lines. They are seeking damages from the Foreign Office for loss of earnings after their assets were frozen for their alleged involvement in ‘the development of nuclear weapon delivery systems’.

Donald Campbell, of the legal charity Reprieve, said: ‘The Government’s case for their expansion of secret courts is just as misleading as it always was.

‘The reality is that there were already measures in place to allow national security-sensitive material to be dealt with safely.

‘The closed material procedure – which allows the Government to use evidence against you which you cannot even see – was always more about avoiding state embarrassment than ensuring justice is done.’

A Ministry of Justice spokesman said: ‘The Government believes that closed material procedures are the right way to enable civil cases involving national security material which the courts recognise is too sensitive to disclose.

‘Previously these cases had been unable to proceed – meaning no final judgment from a court, none of the questions posed by the claimant answered, and the Government forced to spend taxpayers’ money to settle claims without being able to put across their case.’