Counter-Terrorism and Security Bill

Debate between Baroness Hamwee and Baroness Buscombe

Monday 9th February 2015 Lords Chamber

[Baroness Buscombe (Con)]

My Lords, I also congratulate my noble friend the Minister on putting the Bill into far better shape than it was in when it left the Commons, as is so often the case in your Lordships’ House. It shows your Lordships working brilliantly together, as we do.

I agree with everything that my colleagues on the Joint Committee on Human Rights, the noble Baronesses, Lady Kennedy of The Shaws and Lady Lister, said about the clauses we are looking at now. I also say to my noble friend Lord Lamont that if he had been with us at Second Reading and in Committee, he would have been rather more assured that some of the aspects that concerned him about the guidance have already been debated at great length. I am sure that my noble friend the Minister will have taken those issues on board.

On substance, I also say to the noble Lord, Lord Phillips of Sudbury, that this is about clarification, which will make all the difference to perception. Perception is hugely important; I think of the 500 signatories who attached their names to a letter in the Guardian only last week. The Minister has responded with clarity, which is exactly what we all asked for. I thank him for that.

Finally, and with respect to my noble friend, I remind all noble Lords of the need to put pressure on whoever is in government after the forthcoming election to bring back to the House debate and legislation regarding data retention. This is an aspect that remains in the forefront of many noble Lords’ minds. It needs to be addressed further and as quickly as possible.

[Baroness Hamwee]

My Lords, an acknowledgement of the Minister’s hard work, openness, patience and availability in numerous meetings applies not just to these clauses but to the whole of the Bill. He has been so helpful, as other noble Lords have said.

Having said that, I think it is right to say—noise from behind me suggests that I might be about to criticise the Minister; I am not—that there is a lot of work for the Government and local government, at all levels and in all sectors, to do. I will not be the only Member of your Lordships’ House who has had a number of emails this morning saying that the writer is very concerned about the Bill, or making points about the need for tackling radicalisation to be done from the bottom up. Such emails also mention issues around discrimination and all the things that many of us have voiced at some length during proceedings on the Bill. At this point, while giving ourselves a pat on the back for having got to here, it is only right to remember that the work done outside the legislation is probably more difficult than the legislation itself.

I gave very brief notice to the Bill team of one question. If the Minister is not able to answer it, since it arises from his most recent letter, which is not on the record in Hansard, I will of course understand if he would prefer to answer it by letter. The noble Baroness, Lady Lister, asked about due regard, particular regard and so on. The letter says, in terms, that the particular freedom of speech awareness and the principle of academic freedom are not elevated above the Prevent duty. On the last day of Report, I think, we heard a very helpful explanation of what “due regard” meant. Having said that, the letter goes on a couple of pages later to say that particular regard is stronger than due regard. I found it a little difficult to reconcile the two parts of the letter. The Bill team started to explain it to me, but I needed to get into the Chamber for the start of these proceedings. If that is better dealt with by letter, to have the same status as the letter that gives rise to the questions, perhaps that would be the way to do it.

Counter-Terrorism and Security Bill

Debate between Baroness Hamwee and Baroness Buscombe

Monday 2nd February 2015 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, Schedule 1 to the Bill provides for the seizure of passports from persons suspected of involvement in terrorism. Paragraph 2 deals with the seizure of passports at a port, and paragraph 2(8) sets out what the officer undertaking this exercise must tell the person. He must tell him that he is suspected of intending to leave Great Britain or the UK—there is a slightly different provision for Northern Ireland—

“for the purpose of involvement in terrorism-related activity”,

and that the officer is entitled to exercise the power to seize. Reciting those statutory grounds does not seem to be enough. There is no provision on the face of the Bill for the person to be informed of at least the gist of the reasons for the suspicion.

The draft code of practice, which has been out for consultation, includes some notification requirements but it does not include this one. As the Joint Committee on Human Rights pointed out, the draft code provides that,

“where a senior police officer authorises retention”—

this is at a different stage—

“the individual must be given a written notice which should … inform the person that they may … request reasons for the retention of their travel documents … Elsewhere, the draft Code provides that a police constable exercising the power … must issue the person with reasons for its exercise … ‘if requested’ and if travel documents are returned within the”,

first period which is provided by the schedule,

“they are to be accompanied by a notice reminding the individual that they may formally request reasons as to why their travel documents were seized and retained”.

None of that addresses the need to tell the person straightaway.

I should like to see in the Bill the JCHR recommendation,

“that the Code should provide that a person subject to the exercise of the power should be informed of the reasons for its exercise at the earliest opportunity in every case, and not merely where the individual makes a request”.

That is very fundamental, not only to the exercise of the power but as to how it is perceived. We rightly spent a good deal of time in Committee—and will, I am sure, spend more time—on the difficulties of perception and perceived discrimination against certain groups, which perhaps is a different issue from actual discrimination but is a very real issue.

In Committee, the noble Lord, Lord Pannick, supported my point. He said:

“No one would suggest that all detailed reasons must be given, but if someone is told that their passport is being taken away they should be told the essence of the reasons why if this power is to be acceptable and not criticised as obviously unfair”.—[Official Report, 20/1/15; col. 1236.]

It was building on that phrase “the essence of the reasons” that I have provided in my amendment for a summary of the reasons and not for the detail. I am aware that there may be security issues around that.

In Committee, the Minister gave a very long response to the group of amendments of which this was one—I think that there were 24 amendments—so it was quite an achievement to cover the ground. I fear that I did not manage to extract from the response a reply to this specific point. At the end of his reply, I asked him whether some comments he was making applied to gisting, and he said that they did not. Therefore, it seemed to me appropriate to bring the matter back at this stage in the hope that I will hear that we could include something like this in the Bill but certainly in the hope of hearing a detailed defence of the Government’s position. I beg to move.

[Baroness Buscombe (Con)]

My Lords, I am a member of the Joint Committee on Human Rights and I should like to say strongly that I do not support this amendment. There was a very good reason why we said that reasons should be given “at the earliest opportunity”. We absolutely accepted that there will be occasions on which it simply is not reasonable, either on security grounds or because of the speed with which the information is travelling in relation to the possible perpetrators from whom the passport is being taken, to expect the police to have reasons to hand. The phrase “at the earliest opportunity” leaves it sensibly open for the police to be able to respond in good time with some information as to why this has taken place. The committee discussed at great length that to expect a summary there and then on the spot—which is what the noble Baroness is asking for—would probably be too difficult in certain circumstances.

We have to accept that some of the information will probably arrive without much notice to those who have the difficult task of removing the passport. Given that the person will already be at a port or an authority in order to leave the country, surely it is right that in such cases we give trust and time to the security services and the police to do what they have to do in an emergency—that is, to remove the passport—and then, at the earliest opportunity, state the reasons.