(14 years ago)
Commons ChamberIt is a pleasure to follow the right hon. Member for Leicester East (Keith Vaz). As always, I agree with much of what he says, if not quite all.
I rise, of course, to speak in support of the Bill. It has yet to be made entirely clear to me exactly how it could have been thought appropriate to put public safety at risk for the sake of a literalist interpretation of the Police and Criminal Evidence Act 1984 that flies in the face not only of the intentions of Parliament in passing the Act in the first place but of a full quarter-century of practice and interpretation of it by police, defence lawyers and judges up and down the country. Surely if Hansard could not have acted as a guide, case law might have served that purpose. I accept that sections 41 to 44 of the Act may leave the point unclear on the face of it, but given that parliamentary debates show the clear original intention that a suspect should be detained and questioned for 96 hours in total, rather than for only 96 hours following arrest, not to mention the precedent of 25 years of criminal law, one would have hoped for a little common sense, especially considering the stakes at hand.
As has been stated, Mr Justice McCombe was of the opinion that the consequences of his judgment were
“not as severe as might be feared”.
I am afraid that, as has also been pointed out, that was not the view of the chief constable of Essex, who is the ACPO lead on police bail, or of Commander Steve Bloomfield of the Met, who gave evidence to the Home Affairs Committee on the subject on Tuesday. They are of the opinion that not only does the ruling throw into disarray the investigation and case management of the more than 80,000 suspects in this country who are currently on police bail, but it renders any conditions attached to that bail all but unenforceable.
That has deeply worrying public protection implications for victims and witnesses of violent crimes, and particularly for victims of domestic abuse. Suspects who have been arrested for domestic violence-related offences and released on bail are likely to have conditions attached to that bail, designed to protect their victim. In the absence of those conditions, the police have lost not only part of the time needed to investigate and build solid cases against violent offenders, but a tool used to protect victims and witnesses while they do it.
I know that ACPO has issued guidance to police forces on how to protect victims and witnesses in the short time that remains until the Bill is passed, but will the Minister give the House an assurance that the Home Office is doing everything it can to offer additional support to ensure that victim and witness protection is in no way compromised by this irresponsible judgment?
It is entirely appropriate, in this case, that the Bill is retrospective. In almost every other instance retrospective legislation would be controversial, but in this case I believe the Bill is intended merely to create continuity, not to create new taxes or offences. As I understand it, the retrospective nature of the Bill is necessary to ensure that no criminal cases or convictions that have proceeded in the gap between the initial judgment and the passing of the Bill are rendered unsafe. I wonder whether, in his winding-up speech, the Minister might be able to confirm that.
From looking into this issue, the only area of the bail system that seems to me to need further consideration that will be impossible within the context of the Bill is the issue of time limits and overly onerous conditions. At the moment there are no statutory time limits on bail, and there are uncertain guidelines for magistrates as to appropriate conditions to be placed on bail. As a result, a suspect could theoretically be left on bail indefinitely. Although I am aware that the Crown Prosecution Service must charge someone suspected of a summary offence within six months, it seems to me that the current system of indefinite bail should be considered in the context of wider policing and justice reforms in future.
I will close now, so that we can make progress. Needless to say, I think it is entirely appropriate that this emergency legislation has been brought forward today, to make it absolutely clear that the detention clock may be stopped by bail. It is not just a matter of convenience for the police; it is a matter of justice and public protection.
Bailing suspects while police continue investigations ensures that police are not pressured into premature or inappropriate charging that could result in all manner of miscarriages of justice. It means that police are not tempted to try to detain people for the maximum 96 hours needlessly, when release on bail would be more proportionate to the offence and would not pose any risk to the public. Most importantly, bailing suspects with conditions means that victims, witnesses and potential victims of violent offences can be better protected by the police while the case against an offender is investigated and a conviction secured. The Bill will help the police do their job better and keep the public safer, and as such it has my full support.
The liberty of the individual should be a matter for this place first and foremost, so the fact that this is emergency legislation should not be a cause of embarrassment or shame—it should be welcomed. Judges have an important role in interpreting the law. Their role is primarily to interpret rather than to enact. That is why I am entirely content that it is this place that will make the important decision about the ambit of police bail. It is not a matter for shame, but nor is it quite a matter for celebration, bearing in mind the fact this House is a busy place and we have a lot of work to do.
It should perhaps be a matter for quiet reflection that it is the primacy of the legislature that matters when it comes to fundamental issues of liberty—that is what we are dealing with today—and the constant balance that we have to maintain between liberty and the public interest in being protected from crime and its consequences, however minor or serious. I was glad to be reminded by the right hon. Member for Holborn and St Pancras (Frank Dobson) about the sad anniversary that we have reached today.
My hon. Friend the Member for Dartford (Gareth Johnson), in his excellent contribution drawn from years of experience as a criminal practitioner, made some important practical points about the problems that would quickly come about if the House did not take swift action. The examples that he gave—including the identification procedure problem—were well made and do not need repeating by me. However, on a more fundamental level, one aspect that perhaps we have not emphasised today is the interests of the victims and witnesses of crime. In many cases, they give the police statements and then have to wait an inordinate length of time before they know the outcome of the case or are called to court to give evidence. That is one of the main problems encountered day in, day out by courts across the land when dealing with some of the delays caused by readmission to police bail by suspects, sometimes for an inordinate length of time.
The debate comes at an opportune moment because it gives us a chance to look at the whole ambit or spectrum of police bail, not only from the point of view of the suspect or the defence lawyer, but from the point of view of the victim of crime, the complainant or witness, waiting anxiously. In many cases, I have seen the frustration of judges when they hear that decisions about charge have been put off time and again, causing witnesses to lose heart or to lose interest. Sometimes cases fail at that final stage in court, and that is unforgiveable from a variety of perspectives, but most of all from the public interest perspective. That is why the points made today about limits on police bail were well made and deserve serious consideration as we proceed.
The challenge facing the court in Salford was one that the learned judge himself described in paragraphs 18 and 19 of his judgment as being of “limited application”. That was the view of the learned High Court judge, and it was a view that, on examination by Professor Zander, was challenged. A debate then began. Professor Zander is an eminent academic and has enjoyed a peon of praise today from hon. Members on both sides of the House—I am sure that he is enjoying every minute of it. It is thoroughly deserved, but I think that he would agree that to elevate his article to advice status would overplay it. In my view, he opened a welcome debate on the effects of the judgment. It is a debate that Mr Justice McCombe put himself on the other side of by dint of his remarks in paragraph 18 and 19. With respect to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), it is a little trite to suggest that the consequences of the decision were set in stone some weeks ago. The position only became clear when that debate was initiated, and I think that the Government are to be congratulated on taking effective action.
The Police and Criminal Evidence Act 1984 was seminal legislation. It was not drafted on the hoof, but put together after many months of careful work and input from all sections of those interested in the criminal justice system. It was a game-changer in so many important ways. It was progressive legislation that, at a stroke, made clear and transparent certain procedures that had often seemed in the police station obscure and frankly worrying not only to suspects but to police officers themselves. It was a Conservative Government—the noble Lord Brittan was Home Secretary and his Minister of State was the noble Lord Hurd—who steered that excellent legislation through the House. It has stood the test of time admirably.
As with all legislation scrutinised by the House, however, the 1984 Act might be found to be only human. I am reminded of the remarks of my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood). She was right to say that the Act was silent on the effect of section 44. We all have to concede that. After Royal Assent, however, practitioners and everybody concerned with the process came to the assumption—the right assumption, I think—that the clock would stop and start as long as the suspect was in police detention, and that the concept of time was not absolute but relative to the time spent in detention. That was well understood by everybody in the system. For 25 years that assumption will have been made by practitioners from the humblest junior solicitor to the highest of High Court judges. They need make no apology for having done so.
To be clear, is it not the case that that assumption arose not out of thin air or a desire for convenience, but out of the fact that that was the intention made clear in parliamentary debates at the time?
That is indeed the case, as was helpfully set out in Professor Zander’s article, where he took the trouble to remind himself of the case of Pepper v. Hart, which allows judges to look at Hansard if there is any ambiguity about the intention of the legislature. Unlike the judge in the decision in question, he examined Hansard and found buried in the debates in what were then called Standing Committees—the predecessor title, as it were, of Public Bill Committees—a clear understanding on the part of all parties. It was the former Member for Birmingham, Ladywood, Miss Short, who tabled an amendment designed to ensure that the suspect would be detained for no more than 96 hours, and the then Minister of State, now the noble Lord Hurd, who responded. It was quite clear from that debate that there was an understanding that time would stop and start according to when the suspect was in detention.
With respect to the learned High Court judge, that debate would have assisted him in his deliberations and given him great comfort and support in coming to what we would all have regarded as a purposive decision—that is, a decision that would have given purpose to the intention of the legislators and reinforced a quarter of a century of practice. Sadly, we know that that was not the case, although we should hesitate before rushing to criticism of our judges. They have a tough job to do. They have to make decisions day in, day out. They are presented with a range of different scenarios and cases. I do not think that anyone should rush to criticise the judiciary in that respect because of one difficult case. However, I return to the point that I made at the beginning of my speech. I am glad that it is this place—this House—that is reinforcing and reiterating the law as we have all understood it to be, and which will now, in my submission, be put beyond any doubt whatever.
I know that voices outside this place have urged caution on us in rushing this legislation through, although a lot of their concerns have been addressed in the remarks made by other Members today, which I will not repeat. I have made some suggestions about the potential limitations on police bail—for example, in cases that do not involve a large amount of documentation or serious fraud—but I want to return to straightforward examples of cases involving violence or assault, where far too often, over-cautious lawyers have waited before charge for all the evidence to be gathered, including medical evidence. Frankly, my suggestion to them is to remember how we used to do it. We would charge and then gather the evidence as quickly as possible, to ensure that we did not lose the interest, enthusiasm and participation of prosecution witnesses along the way.
The coalition Government quite rightly restored the decision-making power for certain offences to the police. That was a wise decision, which I believe will allow minds to be focused in the police station when dealing with a range of less serious offences. That will leave more serious offences to be dealt with by the Crown Prosecution Service as part of the advice-before-charge procedure. At that stage, everybody needs to remember what we have said today in this House and elsewhere about the need for expedition and the need for good judgment to be exercised, even though all the evidence might not have been gathered.
I will draw my remarks to a close. I support giving the Bill its Second Reading, and I think that we as a House should be glad that such decisions are falling to us.
(14 years, 1 month ago)
Commons ChamberI am sorry about the approach that the right hon. Gentleman took in his comments. If he had listened carefully both to my statement and to the response I gave to his right hon. Friend the shadow Home Secretary, he would have heard me make it clear that I think SOCA has done good work over the past few years, but I believe, and I think those involved in SOCA would agree, that we can do more. We can build on the experience that it has built up. By making SOCA the organised crime command within the National Crime Agency and being able to take advantage of the synergies across the law enforcement agencies and police forces, we will be able to do a more effective job in the future.
On the intelligence issue, yes, there will be an intelligence capability at the NCA. That is important, but the difference is that the NCA will clearly be a crime-fighting body and the commands within it will be crime-fighting commands.
In relation to cybercrime, which the right hon. Gentleman referred to, there will be a cybercrime unit at the NCA which will cross all the commands, because cybercrime is both a crime in itself and a tool for the execution of other crimes.
I thank the Home Secretary for her statement. On the role of the NCA with regard to human trafficking, it is estimated that more than 2,500 trafficked women were victims of sexual exploitation in 2009 alone. Can my right hon. Friend explain to the House how the border policing command will go further to clamp down on this unacceptable practice?
I thank my hon. Friend for her question. I know that this is an area in which she takes a particular interest. We recognise that a lot has been done in relation to trafficking in recent years, but more can be done. The great advantage of the border command is that it will be able to bring together resources and task resources within both agencies and local police forces. It will work with other command organisations within the National Crime Agency, such as the serious organised crime command, in a way that has not happened until now. One of the problems we have had until now is that the Government have too often approached this with silo thinking, but criminals do not think in silos. The human trafficking gang probably also deals in drugs and might be involved in other things, such as child exploitation, so we need to look across the whole swathe when dealing with criminals.
(14 years, 1 month ago)
Commons ChamberI welcome the Home Secretary’s statement. The strategy highlights the targeting of university campuses by extremists for the purposes of radicalising vulnerable students. I noted her concern that some universities are complacent about those risks. Will she give more detail on how the revised Prevent programme will better protect students while not overwhelming universities with excessive burdens?
I am happy to look at that issue. That work has started in a number of ways. The National Union of Students has done good work on the role that it can play to prevent radicalisation on campuses by considering issues such as who is speaking on campuses. We will continue to work with the NUS to develop its approach, including to other university societies. We will also work with university vice-chancellors and staff on this issue. It is certainly not our intention suddenly to overburden universities with red tape. However, we hope that universities are prepared to recognise the role that radicalisation on campuses can play and accept that they have a responsibility to look at what is happening on their campuses.
(14 years, 3 months ago)
Commons ChamberAs I said in my statement, the message to the brightest and best students around the globe is clear: Britain’s world-class universities remain open for business. However, as I have said to the university sector, we need to work together to ensure that that positive message is the one given, not the negative one given by the shadow Home Secretary.
I welcome the Home Secretary’s statement, particularly on the retention of a reformed post-study work route, on which I was especially keen. Given her estimate that the reforms will lead to about 80,000 fewer student migrants, does she believe that our world-class universities, such as the two excellent universities in my constituency, will still be able to recruit the brightest and the best, which is what our economy so urgently needs?
I thank my hon. Friend for her question, and for the considerable interest that she takes in the university sector. I can assure her that the proposals we have introduced today will ensure that universities are protected and will continue to be able to attract the brightest and best students from across the world.
(14 years, 4 months ago)
Commons ChamberMy hon. Friend the Member for Gainsborough (Mr Leigh) is no longer in his place, but I hope he will forgive me for being here in place of my predecessor, and perhaps the fact that I share his concerns about section 5 of the Public Order Act 1986 will act as some consolation.
It is a joy to have the opportunity to speak in this debate on another coalition move to try to redress the current imbalance between security and civil liberties. All Governments must, of course, be fully committed to public safety and protecting victims of crime, but under the previous Government far too many of our liberties were sacrificed in the name of apparent short-term securities. In too many cases, the previous Government acted before establishing a causal link between that sacrifice and the claimed “greater security”. In the absence of the necessary evidence or, in some cases, even public debate, actions including the indefinite retention of DNA of children never convicted, the creation of more than 500 new powers of entry and the careless scattering of a patchwork of surveillance powers across the statute book, not to mention the spectre of 90-day detention without trial, all left us wondering whether some members of the previous Government had had a “common sense-ectomy”. Even the Human Rights Act 1998 cannot make up for the disproportionate and draconian measures that they introduced.
In that context, I am pleased that the coalition Government are living up to their promise to cut back on the previous Government’s aberrations and to begin restoring the civil liberties that for so long defined British democracy. I apologise if that language seems hyperbolic, but let us think for a moment about the mother who finds herself being spied on by her local authority because she has said that she lives in a certain school catchment area; the child who needs an iris scan to borrow a library book; or the archbishop who finds himself the subject of five Criminal Records Bureau checks, not to mention the innocent man who suddenly finds himself without the right to a trial by jury. Given that the Labour party is so apparently committed to human rights, I find it inexplicable that that state of affairs should have ever arisen. Thankfully, we can always rely on the electorate to draw the line when their Government lose their grip, and I am greatly reassured that the coalition Government have been so prompt in introducing this Bill. As must be obvious by now, I support its intentions and I would have been voting for it today had the Opposition decided to push for a vote.
I would, however, like to take this opportunity to raise a few points of detail with the Minister. Nobody is questioning the fact that DNA can play an invaluable role in crime detection, but under Labour a new profile was added to the new DNA database every 45 seconds. Unsurprisingly, the Home Office had to admit that the database contained more than 500,000 false or wrongly recorded entries. The new biometric data retention regime proposed in part 1 seems to strike the right balance between greater proportionality and targeting, while still protecting the public from those who would commit heinous crimes. That is a great step forward and the regime seems likely to meet the requirements of the European Court of Human Rights ruling. However, I am unclear why the Government have not chosen to distinguish between an adult and a child who is charged but not convicted of a serious crime. In general, legislation does make the distinction between the adult and the child. Childhood convictions are considered spent in half the time of those of adults, childhood lawbreaking has not been found to be necessarily indicative of future behaviour, and the principles of restorative justice are now commonly associated with youth justice. It would be helpful if the Minister could clarify the decision-making process on that point.
Secondly, except in the specific case of an application for extended retention to be heard by the magistrates court with right of appeal for both sides to the Crown Court, I am unclear whether there is a right of appeal to a judicial or otherwise independent body for individuals who feel that their biometric data have been retained unlawfully or inappropriately. I have no doubt that many colleagues have had the same experience as I have of constituents whose data have been taken and retained in error. I even have one constituent who was inaccurately registered as a sex offender for 15 years owing to a clerical error. We cannot overestimate the damage that this sort of error can cause to a person’s life. It is vital that a clear route of appeal and system of remedies are available to innocent individuals who get accidentally caught up in the system.
I am also a little unclear where the new regime will sit in relation to the Association of Chief Police Officers guidelines. I am particularly concerned that there should be clarity about the role of the “exceptional case procedure” in the new system. As the Minister knows, the guidance states that an individual’s record will be retained until that person has attained 100 years of age but it may be removed before this date by way of the exceptional case procedure. The guidelines state:
“Chief Officers have the discretion to authorise the deletion of any specific data entry on the PNC ‘owned’ by them”
but only
“in exceptional cases.”
Those might include
“cases where the original arrest or sampling was found to be unlawful”
or cases
“where it is established beyond doubt that no offence existed”.
I believe it is helpful for chief officers to have some degree of discretion, especially in relation to scenarios outlined in the exceptional case procedure. I am anxious to learn how such circumstances are to be addressed under the new system.
Finally, on part 1 of the Bill, I welcome wholeheartedly the regulation of schools’ retention of biometric data, especially the requirement for the consent of the parents and the child before such data are recorded. I do not understand why schools need to retain these data and I was rather shocked by the Library’s estimates that 30% of secondary schools and 5% of primary schools already use such biometric systems. I would like to see official figures on this issue so that policy in this very sensitive area can be made on the basis of evidence. Is the Minister considering requiring schools to notify the Information Commissioner’s Office if they intend to hold such data, and if not, will he tell us why not?
The surveillance regulation proposals in part 2 are well overdue. No one challenges the value of well-located, targeted surveillance, which has undeniable importance for crime detection and public safety, but there has been an exponential growth of CCTV and automatic number plate recognition systems, which has for the most part taken place outside formal regulation. The UK now has an estimated 5 million to 6 million surveillance systems. The British Security Industry Association claims that state-owned CCTV accounts for less than 10% of these and that
“it is the privately owned surveillance systems that provide the majority of evidence in prosecutions.”
It would therefore be helpful if the Minister clarified how the new code of practice will apply to privately owned systems and whether the “relevant authorities” mentioned in clause 33 will include private owners whose surveillance systems cover public areas.
I cannot imagine why the Government’s understanding where surveillance systems are held and who holds them could in any way limit the improvement of justice in this country.
I also welcome the proposals in part 3 to insert judicial oversight in relation to the Regulation of Investigatory Powers Act 2000. This is an excellent start in reforming the confusing jumble of legislation dealing with access to communications data. However, we have some way to go before we have a system which tightly defines the reasons for which access can be granted—a particularly vague example of which is
“the economic well-being of the United Kingdom”—
and which offers a straightforward legislative framework so that not only the bodies that use surveillance powers but the citizens who may be subject to them can clearly understand their rights and responsibilities.
I could go on and welcome the permanent reduction of pre-charge detention to 14 days, the reinstatement of the right to trial by jury and the progressive proposals on stop and search without suspicion, but the point is clear. In large part, the Bill returns the state’s powers to common-sense levels and signals a significant step forward for the civil libertarians among us. The Bill is the answer to the calls of many in this country, including those who had felt, under the previous Government, that state abuse of power had reached a new low, that they had become guilty until proven innocent or that they were being forced to make a false choice between democracy and security. Of course there is a difficult balance to strike between liberty and security, and any adjustments need to be made with the utmost care, but there can be no doubt that in the past decade that balance had tilted much too far in the direction of security and away from civil liberties. That is why I support the Bill and hope that it will mark the end of the Government-sponsored fallacy that absolute security can be achieved by the unacceptable erosion of civil liberties.
(14 years, 5 months ago)
Commons ChamberWe could never forget the work of the Select Committee under the right hon. Gentleman’s chairmanship—on these and other home affairs matters. It is this Government’s intention to do all that is necessary to maintain our national security and to protect the public. That involves looking at the budgets that we make available for counter-terrorism work and the powers available for that work, as I have set out today. I dispute the right hon. Gentleman’s comment about the way in which this review has been conducted. We are conducting a number of other reviews, but what I think is important for all of them, given the severity of the threat we face and the importance of the decisions we take, is that we look at all opportunities, discuss the issues and reach decisions that are right for the people of this country.
I thank the Home Secretary for her statement and I welcome the long overdue rebalancing between security and civil liberties that it signalled. Looking ahead, can she explain how the Government’s work on communications data will impact on the agencies’ ability to access it and to intercept communications where necessary?
My hon. Friend has raised an important issue. This is just one part of our ongoing work to ensure that the Government provide for the security and intelligence agencies and the police the necessary powers and tools that they need to keep us safe. We made it absolutely clear in the strategic defence and security review that we will introduce a programme to preserve the ability of the security, intelligence and law enforcement agencies to obtain communications data and to intercept communications within the appropriate legal framework. That work is ongoing; we are ensuring that that capability is retained.
(14 years, 10 months ago)
Commons ChamberI am grateful to my right hon. Friend, who did a great deal during her time at the Home Office to pursue this agenda. I think that all social strata can suffer from this problem, but she is right in what she says about poor areas. That is why we must never go back to the days when the typical response to this problem on the Labour Benches was saying that we should not get involved in it. We did; we have; it succeeded. We pioneered restorative justice. We began linking drug treatment to prison sentences. We trebled investment in prison education. As a result, reoffending is down by 20% and youth reoffending by nearly 25%.
The Home Secretary said in her July speech that for 13 years people had been told that
“the ASBO was the silver bullet that would cure society’s ills”.
I want her to give me one example—just one—of a Minister ever making any such claim. We never did. It took a whole range of measures to deal with the spiralling crime that we inherited, and that is what we did. As usual, the only thing wrong with the Home Secretary’s pronouncements is the facts.
If the ASBO was such an excellent policy, will the shadow Home Secretary please explain why the chief constable in my local area wrote an article published in The Daily Telegraph on 30 July saying that
“we need to give people the confidence to tackle anti-social behaviour. In Germany, two thirds of citizens would intervene in public; in this country, two thirds would not. Referring everything to the police, and the legal system, is not the answer to every problem—nor is it affordable.”?
There it is, this is another “big society” argument—or “do it yourself”: there will not be any PCSOs and police numbers will be cut, so do it yourself. Actually, that article did not in any way contradict what I am saying. There is not one police officer or local government officer in this country and no one on a crime and disorder reduction partnership who does not understand that people have to work together using a range of measures, including getting communities involved. It works successfully where communities have decided to turn their own communities around, but they get help. What the Government are now proposing—the hon. Member for Oxford West and Abingdon (Nicola Blackwood) could not have put it more succinctly—is that people will get no help in future. That is the Tory argument that we are countering. As I said before, the Home Secretary is often accurate on everything except for the facts.
(14 years, 11 months ago)
Commons ChamberThe right hon. Gentleman’s assumption that SOCA’s intelligence-gathering capability will be abolished is completely wrong. We intend to build on and harness the intelligence-gathering expertise that has been built up in SOCA in the past few years as part of the serious organised crime command in the national crime agency.
Given that, in November 2003, the right hon. Gentleman’s proposals included changing police authorities so that they would be wholly or partially directly elected rather than appointed, I am sorry that he has not supported our proposal for directly elected commissioners.
Given that the Home Affairs Committee found that SOCA managed to seize only £1 from organised crime gangs for every £15 of its budget, will the Home Secretary reassure us that her proposals for the national crime agency will be more effective in cutting not only crime, but waste?
I am happy to give that assurance to my hon. Friend. SOCA has built up expertise in intelligence gathering, but we need to do more. We need to put more focus in this country on fighting serious organised crime, which is what the command within the NCA will be able to do.
(15 years ago)
Commons ChamberCan the Secretary of State assure me that the counter-terrorism review to which she referred will draw a line under the abuse of state powers that we have seen over the past decade and that civil liberties will be sacrificed no longer for the sake of new laws that do not make us any safer?
My hon. Friend makes a valid point on the concern that many of us have had about the powers that were introduced by the previous Labour Government: in many cases, those powers did not introduce an increased element of safety. In fact, the shadow Home Secretary referred to the review of counter-terrorism undertaken by Lord Carlile, who said in his 2009 annual report:
“There is little or no evidence that the use of section 44 has the potential to prevent an act of terrorism as compared with other statutory powers of stop and search.”