Granting the officers anonymity would be a "major derogation of the open justice principles", said barrister Caoilfhionn Gallagher, for the media.
But Caoilfhionn Gallagher, representing the media with Mike Dodd, legal editor of the Press Association, said not knowing the names would be "a major derogation from the open justice principle" – and that the public had a right to know who, and what, was going on in public courts.
Nonetheless, the fact that there is no derogation clause in ICESCR does not necessarily mean that states would be precluded from derogating from them.
Not all the CSFS holdings were culled and tested; some farmers, for example, with rare breeds where replacements would be difficult to find, applied successfully for derogation from culling for up to five years.
Britain could seek a derogation from the European convention on grounds of national security, though this would be a profoundly unpopular option.
Nor would they require derogation from the European convention.But the new orders, including house arrest, would be used only where a suspected terrorist could not be prosecuted either because the evidence against him was not admissible in court, or because it might reveal intelligence sources or surveillance techniques.
The Human Rights Act, for example, would be a tougher instrument than it is (read it: and note the "derogations" that place limits on the rights that, in the first clause of each article, it nominates).
Withdrawing from the European Convention on Human Rights and then rejoining it with a derogation allowing exemptions to asylum policy on grounds of national security would be another.But both of these would be very controversial.
The derogation of derogation is doing well.
In no case would such a derogation be granted for use in an ordinary laundry detergent.
