Counter-Terrorism and Security Bill

Debate between Lord Hanson of Flint and Gary Streeter

Monday 15th December 2014 Commons Chamber

[Mr David Hanson (Delyn) (Lab)]

I beg to move amendment 29, page 1, line 8, at end insert—

‘(2) This section shall be repealed on 31 December 2016 unless both Houses of Parliament have passed a resolution that it should continue in force until a future date.

(3) The date specified in a resolution of both Houses of Parliament under subsection (2) may be modified by subsequent resolutions of both Houses of Parliament.”

[The Temporary Chair (Mr Gary Streeter)]

With this it will be convenient to discuss the following:

Clause 1 stand part.

Amendment 17, in schedule 1, page 30, line 14, at end insert—

“(c) the individual subject whose travel document has been removed may appeal against this decision in the courts over the evidence on which conditions in paragraph 2(1)(a) and (b) of this schedule were met.”

Government amendment 13.

Schedule 1 stand part.

New clause 8—Police bail for terrorism suspects—

‘(1) Section 34 of the Police and Criminal Evidence Act 1984 is amended as follows.

(2) In subsection (1) after “offence” insert “or on suspicion of being a terrorist under section 41 of the Terrorism Act 2000”.

(3) In subsection (2)(b) after “Act” insert “or section 41 of the Terrorism Act 2000".

(4) After subsection (5) insert—

“(5A) A grant of bail under this section shall last no longer than six months from the date of release.”

As an alternative to the ad hoc passport seizure and retention scheme set out at Clause 1 and Schedule 1 of the Bill this new clause would make police bail, with conditions, available for those suspected of terrorism.

[Mr Hanson]

Mr Streeter, I welcome you to the Chair of the Committee. I rise on behalf of my hon. Friends to speak to amendments 29 and 17.

I hope you will allow me a little leeway, Mr Streeter, before we begin the debate. Although this Bill has nothing to do with what has happened in Sydney, Australia, I think it would be appropriate for the Committee to recognise that there has been a serious incident there and for us to express our condolences in relation to those who have died as a result. It reminds us that terrorism and terrorist activity are never far from our shores and from individuals in our communities as well. That is why it is important that we look at the new clauses and amendments before us in what will be, I hope, a positive discussion and debate.

The Government believe there is a need to legislate on counter-terrorism. There is a terrorism threat in the United Kingdom: on 29 August the independent joint terrorism analysis centre raised the UK national terrorist threat level from substantial to severe. [Interruption.]

[The Temporary Chair (Mr Gary Streeter)]

Order. I am reluctant to interrupt the right hon. Gentleman, but a lot of background conversations are going on in the Chamber and we can hardly hear the most important speech that is being made. Will colleagues please keep the noise down?

[Mr Hanson]

I am grateful to you, Mr Streeter.

It is important that we recognise that terrorist attacks are, sadly, highly likely. According to the Government’s own analysis in the explanatory notes:

“Approximately 500 individuals of interest to the police and security services have travelled from the UK to Syria and the region since the start of the conflict. It is estimated half of these have returned. In the context of this heightened threat to our national security, the provisions of the Bill”

are designed to address those matters.

My hon. Friends the Members for Kingston upon Hull North (Diana Johnson) and for Sedgefield (Phil Wilson) and I have tabled amendments 29 and 17 because there needs to be a debate about two particular issues. If the Bill’s measures are agreed by both Houses they will become law, but there will be no end date or review date for the powers. Amendment 29 seeks to ensure that clause 1

“shall be repealed on 31 December 2016 unless both Houses of Parliament have passed a resolution that it should continue in force until a future date.”

It goes on:

“The date specified in a resolution of both Houses of Parliament under subsection (2) may be modified by subsequent resolutions of both Houses of Parliament.”

The amendment is therefore designed to create, in effect, a sunset clause to review the legislation, which is not unusual for terrorism legislation. It would not demand that we revisit the whole clause by seeking to enact new legislation; it would simply require a resolution to allow the provisions to continue. The amendment has merit and I will willingly discuss it with the Minister.

--- Later in debate ---

[Mr Grieve]

I expressed that concern and it remains a concern, but the interesting point about amendment 17 is that if we were to allow an appeal, as the right hon. Gentleman describes it, how quickly could such an appeal be heard and would it have a significant impact on the shortness of time in which a passport might be capable of being returned, given that we now know that there will be two weeks, or 14 days, for that return to take place? I listened carefully to what he has to say and it seems to me that he is making a good point, but I would also be interested to hear from my hon. Friend the Minister and from the right hon. Gentleman how such a system could be made to work in reality.

[The Temporary Chair (Mr Gary Streeter)]

Order. Before I call the shadow Minister, let me say that interventions should be slightly briefer than that.

[Mr Hanson]

Thank you, Mr Streeter. I take the point made by the right hon. and learned Member for Beaconsfield (Mr Grieve), but we are in opposition, which is a difficult and cold place. We do not have the officials that the Minister has. The principle is that we believe there should be an examination of the right of appeal on any decision that has been taken. The purpose of amendment 17 is to place that argument before the Government so that they can say whether they believe there should be any right of appeal or whether they believe that 14 days or 30 days is sufficient, for the reasons given by the hon. Member for Skipton and Ripon (Julian Smith) and by the right hon. and learned Member for Beaconsfield, and that there is no need for an appeal as it would not resolve the issue. It is inherent in any decision of this seriousness that an individual should be able to challenge a decision on the grounds of mistaken identity or the grounds of loss of service in a court.

Oral Answers to Questions

Debate between Lord Hanson of Flint and Gary Streeter

Tuesday 22nd June 2010 Commons Chamber

[Mr David Hanson (Delyn) (Lab)]

1. What discussions the Electoral Commission has had with Ministers on timing of the next parliamentary boundary review.

[Mr Gary Streeter (South West Devon)]

The Electoral Commission has no statutory responsibilities in relation to parliamentary constituency boundaries, which are the responsibility of the four boundary commissions for the United Kingdom. The Electoral Commission has therefore had no discussions with Ministers about the timing of the next parliamentary boundary review.

[Mr Hanson]

Will the hon. Gentleman make sure that the Electoral Commission makes representations to boundary commissioners and, indeed, to Ministers to ensure that before any boundary review takes place, registration in constituencies rises and that activity is under way to increase it so that the 3.5 million people who are missing are put back on the register, and that any future boundaries truly reflect those who live within constituency boundaries?

[Mr Streeter]

I will obviously pass on the right hon. Gentleman’s comments to the Electoral Commission but, as I said, it has no responsibility for the boundary review. It is, however, concerned about low voter registration, and it estimates that between 8% and 9% of the eligible population in England and Wales is not registered. It is working with electoral registration officers and others to try to improve the position.