MI5 may challenge July 7 coroner's ruling

12 April 2012

MI5 could mount a legal challenge to plans to scrutinise alleged police and security service failings at the inquests for victims of the July 7 attacks, a court heard today.

The Government is also considering using its powers to transform the inquests into a public inquiry to tackle the problem of disclosing highly classified intelligence documents.

Coroner Lady Justice Hallett ruled last month that the forthcoming inquests should examine whether the security authorities could have prevented the 2005 London bombings.

Ministers are now deciding whether to launch a judicial review of her judgment, a hearing at the Royal Courts of Justice in London was told.

Jonathan Hall, counsel for the Home Secretary and MI5, said the preference was to avoid a legal challenge if possible.

He also revealed that Ministers were considering turning the inquests into a public inquiry "given the difficulties of dealing with the extremely sensitive material".

"At present the inquest remains the Government's preferred form but very detailed consideration is being given to the second option," he said.

Section 17A of the Coroners Act 1988, as amended in 1999, gives the Lord Chancellor power to adjourn an inquest if the death is being investigated by a public inquiry.

This provision was controversially used in the case of Azelle Rodney, 24, who was shot dead by police in London in 2005, after his inquest stalled over the release of secret evidence.

Lady Justice Hallett expressed frustration at the potential delays to the July 7 inquests caused by the security service's deliberations.

She told Mr Hall: "Every week that goes past without MI5 and those others for whom you act engaging with my inquest team risks the timetable being extended.

"That has two very grave possible consequences. One is increasing the anguish of families and survivors. The other is increasing the costs."

In response, Mr Hall offered to let the coroner and her team inspect classified material at MI5's Thames House headquarters in London within a week.

They will be allowed to see the full report about the bombings by the Parliamentary Intelligence and Security Committee (ISC) - only an edited version has been made public - and the speaking notes prepared for security service witnesses who gave evidence to the committee.

But none of this material can be disclosed to any of the other lawyers involved in the inquests, Mr Hall said.

MI5 and the Home Secretary will decide whether to mount a judicial review challenge by July 16.

The inquests are expected to start in October in a courtroom at the Royal Courts of Justice.

The hearing today was told that the Legal Services Commission has not yet reached an agreement over legal aid to pay for lawyers to represent the families of the 52 innocent victims of the attacks at the inquests.

A further preliminary hearing will be held on July 23.

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