Terrorist Asset-Freezing etc. Bill [HL]

Lord Davidson of Glen Clova Excerpts

Tuesday 27th July 2010 Lords Chamber

[Lord Davidson of Glen Clova]

My Lords, I thank the Minister for introducing the Bill. I should say immediately that, as its purpose is primarily to continue the asset-freezing regime put in place by the previous Government, these Benches do not stand in opposition to the essence of the Bill. These Benches have consistently taken a view that a proportionate, strong and effective regime to minimise the terrorist threat is essential for the security of the United Kingdom.

It is of course the duty of the Opposition to oppose and, in light of the coalescence of the two other main parties, that duty may weigh more heavily than under previous arrangements. I draw the Minister’s attention to this perhaps not entirely startling observation for the purpose of lodging a caveat with him in respect of the Committee stage of the Bill. It may be that certain aspects of it will be tested rather more than he might otherwise have anticipated, given the Bill’s original provenance.

As matters stand, there are a number of points on which it would be helpful to have answers from the Minister. When the previous Government brought forward the temporary provisions Act in February, it was stated in another place that the temporary nature of the measures would,

“provide Parliament with the proper time needed to consider and debate permanent legislation in full”.—[Official Report, Commons, 8/2/10; col. 663.]

The Home Office review, which the Minister mentioned, of a number of counterterrorism measures is of course welcome. It would be useful to know its timescale and when its conclusions, either interim or final, will become available. Is the Minister content, notwithstanding the review being under way, that the Bill should proceed on a stand-alone Bill basis? As he accepts that there are now in place a number of terrorist asset-freezing regimes, the question has been raised, as he noted, as to whether a single Act of Parliament might be a more satisfactory and less complex approach to this difficult subject. He has identified that there are, in addition to this Bill, provisions in the Terrorism Act 2000 and the Anti-terrorism, Crime and Security Act 2001.

I note what the noble Lord said in relation to consolidation, but there is also a question which he might wish to consider. As he well knows, there is a grey area between terrorist financing and organised crime. In the review, will there be any consideration of harmonising asset-freezing in these areas?

I note that the Bill contains an innovation on the existing regime in the shape of quarterly reporting and the appointment of an independent reviewer. This doubtless will be in addition to transparency and accountability. However, I examined the impact assessment, but could not find information on the expected cost of this arrangement. Might the Minister assist in identifying the cost of this new office?

I also draw the Minister’s attention to one aspect of the decision in the Ahmed case contained in the judgment of the noble and learned Lord, Lord Rodger of Earlsferry. At paragraph 182, he stated that,

“the harsh reality is that mistakes in designating will inevitably occur and, when they do, the individuals who are wrongly designated will find their funds and assets frozen and their lives disrupted without”—

I stress, without—

“their having any realistic prospect of putting matters right”.

The House has heard arguments in the past about the choice between the current judicial review procedure and the sometimes proposed full merits review. I do not seek to reopen that discussion—but the noble and learned Lord, Lord Rodger, was fully seized of the current judicial review procedure and still identified this concern. Will the review consider this, or does the Minister have an answer at this stage to the concern of the respected and learned Supreme Court judge? I look forward to his answers.