Counter-Terrorism and Security Bill

Debate between Lord Hanson of Flint and Lord Campbell of Pittenweem

Tuesday 6th January 2015 Commons Chamber

[Mr Hanson]

As someone who had the privilege of holding ministerial position in the previous Government, I can say that we often had judicial oversight of a number of measures or sunset clauses. We are not late coming to this matter. This is a rerun of a debate that we had in Committee in December. I am grateful that the Minister has had Christmas and new year to reflect on these issues and to hear some wider argument from his own Members.

It is clear that the Government face difficult challenges not just from the Opposition but from Members on their own Benches. In Committee on 15 December, the right hon. Member for Haltemprice and Howden (Mr Davis) said that he had some concerns about this provision not having judicial oversight. In a long intervention, he said:

“I had not intended to speak today…What concerns me today is the issue of the Home Secretary herself exercising the power. I am concerned that it comes about without prior judicial approval or, indeed, without being a power of the court, which would be my preference.”––[Official Report, Counter-Terrorism and Security Public Bill Committee, 15 December 2014; c. 1219.]

Those are the words not of the Opposition but of Government Back Benchers. I notice that the hon. Member for Esher and Walton (Mr Raab) is in his place. [Interruption.] I hope to be able to attract his attention. I am not sure which source he spoke to, but his words are quoted in the Independent on Sunday so they must be true. He said that he was “sympathetic” to the amendments and “would find it hard” to vote against them. I hope that he reflects on those points today. The hon. and learned Member for Harborough (Sir Edward Garnier), who until very recently was Solicitor-General, said:

“There is disquiet about a few aspects of this Bill in its detail.”

Our new clauses back up the concerns of the right hon. and learned Member for Beaconsfield (Mr Grieve), which he expressed before the Bill went into Committee. There is real disquiet from a number of Members. Indeed, I am pleased to see the right hon. Member for Sutton Coldfield (Mr Mitchell) in his place. According to the Independent on Sunday, he said that he would

“listen to all the arguments with some care”

before deciding which way to vote. Undoubtedly, he is listening to the arguments with some care before deciding how to vote. I know that he is a good colleague of the right hon. Member for Haltemprice and Howden. I wish to place it on the record that concern over these matters is growing. In fact, a late entrant to this festive party appears to be the Liberal Democrats.

[Sir Menzies Campbell (North East Fife) (LD)]

What about Second Reading?

[Mr Hanson]

Perhaps they were there on Second Reading. I might be a bit old fashioned, but I thought that one of the purposes of Government committees—when I was a Minister I served on many such committees in the backrooms and bowels of government—was for Ministers to thrash out what should be in a Bill before it is presented to the House. Today’s edition of The Guardian has an article on this matter—again, it must be true. It says:

“A fresh coalition row has broken out after Nick Clegg told the home secretary, Theresa May, that she will face a parliamentary defeat on the government’s counter-terrorism bill unless judges are given oversight of plans to impose temporary exclusion orders on some terrorist suspects returning to Britain.”

--- Later in debate ---

[Sir Menzies Campbell]

I regret that I have no access to the bowels of government however unsavoury they might be. I made my own position plain on Second Reading. Indeed, I agreed with the hon. Member for Walsall North (Mr Winnick) that this was an issue that had to be considered. Unhappily, I was indisposed during the Committee stage of the Bill, otherwise I would have been here. But I am here today to reflect my continuing unease, which I hope I eloquently put before the House on Second Reading. I shall continue to do that. Up until that part of the right hon. Gentleman’s speech, I was about to say how much I agreed with him. He must be careful, because he might disturb my sense of acquiescence.

[Mr Hanson]

Let me gently stroke the right hon. and learned Gentleman and try to keep him in the tent. I think that he will find the tent to be most comfortable. The question today is: do we have judicial oversight of the temporary exclusion orders? A number of Government Members have indicated that they feel that judicial oversight should be present. To be fair to the right hon. and learned Gentleman, we heard on Second Reading—and today this has appeared as being the position of the Deputy Prime Minister—that we should consider putting that in place. All I am saying is that there is a mechanism today for the Government to listen to that. They could even agree with our proposals without us forcing a Division, which would potentially put Members on the spot, forcing them to decide between loyalty to their party or to their principles. The Government could take this matter away and say that they agree with us.