Counter-Terrorism and Security Bill

Debate between Lord Carlile of Berriew and Lord West of Spithead

Monday 26th January 2015 Lords Chamber

[Lord Carlile of Berriew (LD)]

My Lords, the noble and learned Lord, Lord Brown, has moved his amendment with his customary cogency and clarity, and I agree with him and with the remarks that have just been made by the noble Baroness, Lady Kennedy. Over the years I have had the opportunity to visit people who were subject to relocation orders under the control orders regime. I have seen that, in some cases, the relocation was accepted with good grace; in other cases, however, particularly those where children were involved, it caused great disturbance and much resentment. I have also taken the trouble to read all the judgments in the relocation cases that went before the courts under the control orders regime. My instinct is the same as that of the judges who heard those cases. If you read the judgments, although the judges were not required to do so, I think in every single case—from memory at least—they applied the standard that is set out in this amendment for completeness and in order to make it clear that they approved of the relocation in the circumstances of the case.

I agree with the comments that have been made, that we should be extremely reluctant to order people to relocate, because of the disturbance that it causes to their family and because they are very dislocated as a consequence of that relocation. As a general proposition, all restrictive measures under counterterrorism legislation should be exercised only when there is a clear necessity to do so, and the balance of probabilities is a good test. With those comments in mind, I hope that the Minister will at least accept the principles behind the noble and learned Lord’s amendment, whether it be probing or otherwise—it is the principle that counts.

[Lord West of Spithead (Lab)]

My Lords, I would like to strongly support the amendment by the noble and learned Lord, Lord Brown. These measures are things that you only do in very, very special circumstances and under very controlled conditions, but the removal of them from the old control orders regime—we realise now—was a mistake and an error. I absolutely think that we have to put these measures in place to ensure that people are protected in these circumstances.

Data Retention and Investigatory Powers Bill

Debate between Lord Carlile of Berriew and Lord West of Spithead

Thursday 17th July 2014 Lords Chamber

[Lord Carlile of Berriew (LD)]

My Lords, I support what has just been said by my noble friend Lord Howard of Lympne. I speak not as a judge but as someone who has drafted many skeleton arguments to take before senior courts, and given a phrase such as “strictly necessary”, I would spend my time in preparing a case by looking for authorities decided by the courts in which there was a difference between the terms “necessary” and “strictly necessary”. I have spent some time doing so this morning, and I have failed to find such a case so far—although of course I will defer to the noble and learned Lord, Lord Hope, if he can find one for me. Judges are often so much better informed than those who appear before them, and I feel a little as if I am in that situation now.

However, speaking for those of us who are paid, sometimes a great deal of money, to create a difference where none exists between a phrase such as “strictly necessary” and the mere word “necessary”, I would say to the Minister: please avoid tautology. It is expensive, and not terribly helpful.

[Lord West of Spithead]

My Lords, the point made by the noble Lord, Lord Howard, is important, and I accept it. There is a danger of raising a precedent here. On a point of clarity for a simple sailor, may I ask: if an amendment is taken today, is there a mechanism within this urgent high-speed way in which we are doing things to get the change back to the Commons to get it sorted out, or are we talking in a vacuum, because nothing has been organised to achieve that?