Counter-Terrorism and Border Security Bill
Debate between Lord Carlile of Berriew and Lord GarnierMonday 17th December 2018
(5 years, 5 months ago)
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Lord Carlile of Berriew
In my view, it is implicit in the publication of each such decision that decisions have to be reasonable and therefore subject to reasons. I would not want issues that might affect national security to be included. That is the point I am seeking to make.
I conclude by suggesting that the whole problem raised by Amendments 32A and 32B could be resolved if we were to hear from whichever Minister replies to the debate—I think the noble Baroness, Lady Williams—that the Government accept the principles set out in these amendments and that there is a need for them to be more methodical than they have been in reviewing proscription, and undertake that Ministers will be more methodical and apply the principles broadly set out in these amendments, which in principle I see as unexceptionable.
Lord Garnier (Con)
My Lords, it might encourage my noble friends on the Front Bench to do as the noble Lord, Lord Carlile, has indicated. I find the principles behind the amendments in the name of the noble Lord, Lord Anderson, very attractive. No doubt some practical points need to be sorted out. I am much encouraged by the wording,
“it is or has been”,
in proposed new subsection (4)(a) in Amendment 32A. I fully take on board the concerns a Government might have relating to the publication of the reasons for making a decision under the review of proscription provisions in Amendment 32B. That said, there seems to be, at least as a matter of theory, a lot to commend the amendments from the noble Lord, Lord Anderson. I encourage the Government to see whether something can be crafted that will enable something similar to this to come on to the statute book, not least for the reasons of departmental policy squabbles that those of us who have been in government know so much about.