Counter-Terrorism and Security Bill

Baroness Warsi Excerpts

Monday 2nd February 2015 Lords Chamber

[Baroness Hamwee]

My Lords, Amendment 8 takes us back to the subject of gisting, but in the context of the imposition of a travel exclusion order. Clause 4 requires an explanation of the procedure for applying for a permit to return. I would extend that explanation to a summary, bearing in mind the security issue of the reasons for the imposition. I am not seeking a detailed explanation, but for reasons to be given that give an outline, so far as it can be given, for the individual to understand what is being imposed on him.

Amendment 9 would insert a reference to not having a reasonable excuse when failing to comply with a condition attached to the permit to return. In Committee, I referred to a “material failure to comply”. The Minister pointed to the provisions in Clause 10 dealing with the offence which would flow from breaching the condition—in particular, that an individual subject to a TEO would be guilty of an offence if he returned without reasonable excuse. I am seeking to align the provisions and to attach similar wording to the provision that deals with the invalidation of a permit. I beg to move.

[Baroness Warsi (Con)]

My Lords, I want to add words of support for the noble Baroness, Lady Hamwee. Providing the “gist”, as it was referred to by the Joint Committee, would certainly dispel some of the concerns that could arise about the potential random use of these powers, even if they were not so used. Providing that little bit more information, with individuals having direct experience of the reasoning, rather than the oversight process that would follow, would have a useful purpose.

[Lord Bates]

My Lords, I am grateful to my noble friend for moving this amendment and for giving me the opportunity to put further remarks on the record in relation to the imposition and operation of temporary exclusion orders. The amendments tabled by my noble friends seek to make provision for the Secretary of State to provide a temporary exclusion order subject with a summary of the reasons for the decision to impose the order on them. They also seek to ensure that a permit to return is not invalidated if the individual who fails to comply with a specified condition has a reasonable excuse.

My noble friend tabled an amendment similar to Amendment 8 during Committee. I responded at the time by providing the reasoning for the decision on the subject of the temporary exclusion order. In her previous amendment, she sought to oblige the Secretary of State to disclose the reasons behind her decision. In Amendment 8 she seeks to oblige the Secretary of State to disclose a summary of these reasons. However, the very nature of the information on which the Secretary of State is likely to base the decision to impose a temporary exclusion order means that its disclosure, whether in full or as a summary, could damage national security and might put lives at risk.

As I told the Committee when we discussed this matter previously, it is of course important that the individual is informed that they are subject to a temporary exclusion order, that that is done as soon as possible and that they are given an indication of why this is the case. However, again this must be balanced against the implications of the disclosure of such information. The Government take very seriously the decision to impose counterterrorism measures on individuals and the responsibility to provide those individuals with an indication of why the measure has been imposed. However, the Government also have a responsibility to protect the national security of this country and to ensure the safety of our citizens, which could be put at risk by the disclosure of such sensitive information.

I therefore trust that your Lordships will understand that it would not be appropriate for a temporary exclusion order subject to be provided with a summary of the reasoning behind the Secretary of State’s decision. Any notice given to the individual will state that the Secretary of State has reasonable suspicion that they have been involved in terrorism-related activity abroad. We believe that that is sufficient disclosure and that it informs the individual of the basis for the decision, while protecting sensitive information.

Amendment 9 would prevent the permit to return being invalidated where the individual had given a reasonable excuse for failing to comply with the conditions of the permit. Again, this is similar to an amendment tabled by my noble friend in Committee, during which my noble friend Lord Ashton assured her that the amendment was unnecessary. If a temporary exclusion order subject fails to comply with the conditions of the permit to return due to circumstances outside his or her control, the individual would be able to show a reasonable excuse for returning other than in accordance with a permit to return. In those circumstances, the person would not be criminalised. The objective of the amendment is therefore already achieved by the current drafting relating to the offence.

In the event that the individual failed to comply with a condition of the permit to return before travelling back to the UK, the Government would apply discretion to issue a new permit without the condition in question. Any other failure to comply due to the actions or decisions of the individual would understandably result in the invalidation of the permit to return. The Secretary of State will only place conditions on the permit to return that she deems necessary to manage the safe return of the individual and minimise the threat that he or she poses to the UK. Failure to comply with any of these conditions is a serious matter and must be handled accordingly.