Terrorism Prevention and Investigation Measures Bill

Lord Faulks Excerpts

Tuesday 1st November 2011 Lords Chamber

[Baroness Kennedy of The Shaws]

My Lords, I support the amendment. Unlike the noble and learned Lord, Lord Lloyd, I do not think it is pointless. We should always remind ourselves that emergency measures have a way of seeping into the legal system as a whole. We have learned that over time. Often, things that are introduced as emergency measures end up remaining on the statute book for far too long. The fact that we come together and annually review a matter—even if we do not manage to persuade the Government—does mean that the matter is before us, and we are still talking about something that is being used as an exception to the rule. I therefore urge those who are listening to see why this is important, and that we do have the annual review that we have always had in the past.

[Lord Faulks]

My Lords, these provisions followed a lengthy counterterrorism review and represent the views of the Government as to where the line should be drawn between the necessary powers, by way of TPIMs, and the liberty of the individual. This legislation has been through the other place and is going through your Lordships’ House in a thoroughly orthodox way, and the provisions are being carefully scrutinised. TPIMs contain a considerable number of safeguards, which have already been discussed in Committee, and they reflect a considered compromise between the various arguments. The Bill does not represent a response to the immediate crisis, as the 2005 position did, and has not gone through Parliament by way of accelerated procedures; it represents the result of lessons learnt.

The provisions can be repealed by an order-making power or in the way that any other legislation is repealed. It is tempting with extraordinary powers—and I readily concede that they are extraordinary powers—to suggest that they should be under more or less constant scrutiny. But where the Bill represents a considered response, five years is an appropriate time in which Parliament and the Government can consider this particular take on a particularly difficult situation. At that juncture, the Government and Parliament can think again. For the moment, as the noble and learned Lord, Lord Lloyd suggested, squabbling every year about this would not improve matters, and we should rest with the provisions as they are.

[Baroness Hayman]

My Lords, I cannot agree with the noble Lord, Lord Faulks, that an annual review would simply be squabbling about the provisions of this Bill. I am tempted to speak, despite my resolution not to speak on controversial issues for several months after leaving the Woolsack, because the issue of a sunset clause was one on which in 2005 I abandoned loyalty to my Government and put forward the amendments to have a sunset clause, which eventually transmuted into the annual review of the Prevention of Terrorism Act.

I would be saddened if these measures, which, as the noble Lord, Lord Faulks, said, are less draconian in some ways than control orders and represent a considered view, were considered the best that we can do. I am not certain about that, but we will have further debates on Report on some of those issues. I wonder whether that exonerates us from the responsibility of devoting what is not a great deal of time every year to looking at these extraordinary provisions in both Houses of Parliament. It seems to me to be a proper recognition of the retreat from some of the processes that we have held dear for centuries in this country in terms of the administration of the criminal justice system. I do not argue against the premise or fact that there is a need or problem that is not easily solved by the normal criminal justice system; I argue that, because of the extraordinary nature of these measures, it is incumbent on us as parliamentarians to keep them under review. I do not think that that is a dreadful burden.

However, I am delighted to see the opposition Front Bench such enthusiastic supporters of measures which I remember they were not quite so enthusiastic about when I proposed them six years ago.