Counterterrorism Review

Debate between Baroness Neville-Jones and Lord Blair of Boughton

Wednesday 26th January 2011 Lords Chamber

[Baroness Neville-Jones]

I thank the noble Lord for the generosity of those sentiments. As I say, they are not going to be orders. I cannot emphasise too much that the total package really is different from the control order regime. These measures will be called terrorist prevention and investigation measures—note the insertion of “investigation”; it is part of their purpose.

The noble Lord is quite right to stress that resources need to be taken seriously. We do so, and, clearly, while control orders are still in place, it will be important that resources are made available such that one can increase the capacity and capability of those involved. I hope that the House will forgive me if I do not go into more detail, but we are mindful of the need to make a reality of the extra mitigations that we are putting in place.

[Lord Blair of Boughton]

My Lords—

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[Baroness Neville-Jones]

I thank my noble friend for his kind remarks, which I will pass on to the Home Secretary. On the question of emergency legislation, the intention is really to cover an emergency. I suppose that I can imagine—this is hypothetical territory—two broad categories, for instance, where the general threat level had risen even further. Those will be very dire circumstances in which we might be in a real emergency. There is also the possibility that one or a number of complex conspiracies come together and it is clear that a different approach is needed to the amount of time for, say, pre-charge detention. However, we stress that we believe that these kinds of measures, which at the moment are the norm, should be reserved for really exceptional circumstances.

[Lord Blair of Boughton]

My Lords—

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[Lord Blair of Boughton]

Thank you, my Lords. I need to declare an interest in that I was a former member of ACPO and of the police service in the metropolis. I thank the noble Baroness for the Statement. I merely carry on from the question raised by the noble Lord, Lord Howard, which is: how can Parliament legislate on the back of a police and Security Service operation? One reason why ACPO brought up the question of the length of detention in a period when we had no atrocity immediately before us was so that Parliament could debate it in an open atmosphere. I do not suggest that it cannot be done, but an enormous amount of thought has to be given to how both Houses of Parliament could decide that the situation had reached the point at which emergency legislation had to be brought in, particularly if it was not after an atrocity but merely because of a series of desperately significant operations going on. I do not understand how this House or the other place could debate that in the open.

[Baroness Neville-Jones]

The noble Lord raises a perfectly fair question. The choices that we have made are not easy. In fact, I suggest to the House that there is no ideal solution here. Why have we gone for this method? I remind the noble Lord that we are not just going to place something in the Library or, indeed, suddenly bring the matter to the House without having gone through an important part of the process—pre-legislative scrutiny with the House—so that some of the conditions that would be needed to build consensus so that we could act rapidly and in agreement in an emergency were actually understood between us and in place. That process will be important in building the underlying consensus on which legislation can be passed in an emergency of that kind.