Counterterrorism Review

Lord Dubs Excerpts

Wednesday 26th January 2011 Lords Chamber

[Baroness Neville-Jones]

I take this opportunity to reiterate my thanks to the noble Lord for his contribution, which is very significant to the work of the review. He makes some important points and has outlined more eloquently than I have the effect of reducing the measures in relation to individuals that constitute a new balance between public protection and the rights of the individual. We believe, however, as the noble Lord acknowledges himself, that it remains necessary that measures of this kind are available in the interest of public protection. He is right that there is more work to be done on some of the detail, and as we work through the legislation and subsequently its implementation, I am sure that more detail will come into effect.

On the question of the regime of restrictions and the need for a closer link to criminal investigation, the Government share the view that it is important to increase the possibility within this regime of bringing successful prosecution. We are mindful of that being the proper goal. As the Home Secretary said in her Statement, terrorists should be behind bars in a prison cell. At the same time we draw back from the notion that one would not be able to introduce a measure of this kind in the absence of a close link to and a realistic prospect of being able to introduce a prosecution. We do not wish, therefore, to claim that we can do that, given that it might not be an honest claim. What I can say on the part of the Government is that we will try very hard to ensure that the maximum possibility for bringing prosecution in any given instance is a clear objective.

[Lord Dubs]

My Lords, the Minister has twice referred to pre-legislative scrutiny. Will she confirm that all the measures she has mentioned today will be subject to full pre-legislative scrutiny?

Secondly, she mentioned intercept evidence. The previous Government were looking at it and her Government have been looking at it. When are some positive proposals likely to come forward, because if we can accept the use of intercept evidence, some of the other measures will not be necessary?