Counter-Terrorism and Border Security Act 2019 (Port Examination Code of Practice) Regulations 2023

Baroness Suttie Excerpts

Monday 4th December 2023 Lords Chamber

[Baroness Suttie (LD)]

My Lords, I thank the Minister for his explanation of these regulations. As he explained, they are consequential on the National Security Act and do not create new powers or make substantial changes to the primary legislation.

Clearly, there is cross-party consensus on the need to protect the public and to ensure national security, including border security. As a general comment, however, a balance should always be struck to ensure that measures are proportionate and that civil liberties are respected.

I will concentrate my very brief remarks on the draft Counter-Terrorism and Border Security Act 2019 (Port Examination Code of Practice) Regulations, which, through requiring a counterterrorism police officer of at least the rank of superintendent to authorise the retention of confidential business material, bring the process in line with existing terrorism legislation. In his concluding remarks, can the Minister expand on how the Government intend to ensure this will not add undue burdens to the system?

I thank the Minister for the letter he sent to noble Lords last week outlining the consultation that took place on these regulations. It is to be welcomed that the Government took on board the comments from Police Scotland on the videorecording code. However, regarding Northern Ireland and the very particular set of circumstances and international commitments regarding the border there, can the Minister confirm that, in the continued absence of a Northern Ireland Executive, consultations took place with the PSNI?

I was struck by the fairly small number of responses received to the consultation. I believe only five responses were received; perhaps the Minister could confirm that. I note that the consultation period was during the peak summer holiday period from 20 July to 31 August, which is perhaps, in part, an explanation for this. Can the Minister say if there was any particular reason why the consultation period was so relatively short?

[Lord Coaker (Lab)]

My Lords, I thank the Minister for outlining the SIs and for the statement he made. As he said, we have three statutory instruments before us: two relate to the National Security Act 2023, and one relates to the Counter-Terrorism and Border Security Act 2019. We fully support these instruments and the consequences they will have on the threats posed by hostile activities and for the national security of our country. I join the Minister in thanking our intelligence services and those who work so hard to keep us safe.