Counter-Terrorism and Security Bill

Debate between Lord Ashton of Hyde and Baroness Warsi

Tuesday 20th January 2015 Lords Chamber

[Baroness Warsi]

My Lords, my noble friend Lady Buscombe makes some incredibly important points, many of which I agree with. Like her I pay tribute to the huge work done by our intelligence services, which are overseen by a very thorough oversight process. Noble Lords will be aware that not all services are perfect and mistakes can be made and it is therefore important that all our services, including our intelligence services, work within parameters.

The lawyer in me always says when I look at legislation, “What is the mischief we are trying to fix?”. When we pass legislation it is important that we bear that in mind. While I accept that these are difficult times and it is important to make sure that we are protected, it is also important that we ensure that we do not make the challenges we face worse. Huge progress has been made under this Government with the reform to stop-and-search powers. There has been progress in the right direction with many communities that felt alienated by the use of such powers and felt that their co-operation with, for example, the police would have been so much better had the powers not been exercised in a way that led to profiling and discrimination. We are all aware of arrests made under terrorism legislation that did not lead to charge and charges that did not lead to convictions. The numbers were so overwhelming at one moment that it appeared the powers were being in used in a way that was doing more harm than good. In those circumstances it is important for us to ensure—not just because discrimination is wrong and we should fight it—that in exercising these powers we do not discriminate and make the problem worse. In those circumstances I support many of the comments made by my noble friend Lady Hamwee and the noble Lord, Lord Harris.

[Lord Ashton of Hyde]

My Lords, I am grateful to all noble Lords for their contributions to this debate. My noble friend Lady Buscombe pointed out the need to trust the authorities within reason. We accept that there should be proportionate oversight and controls. The issue in this area, as in so many areas of the Bill, is drawing the line correctly between civil liberties and the need that the authorities have to deal with the threat.

These amendments cover issues concerning the seizure of travel documents, the process to authorise the retention of travel documents and the code of practice. Amendment 9, in the name of my noble friend Lady Hamwee, seeks to amend the powers and conditions of seizure relating to travel documents, from the documents being in a person’s “possession” to them being,

“under his or her control”,

based on my noble friend’s experience of corporate law. As the Committee knows, this power disrupts an individual’s immediate travel by removing his or her passport while he or she is investigated. The police then have time to investigate the individual’s travel plans and their reasons for travelling, and to consider whether a longer-term disruptive measure is necessary.