Counter-Terrorism and Security Bill

Debate between Lord Garnier and William Cash

Tuesday 6th January 2015 Commons Chamber

[Sir Edward Garnier]

I see. That is a different point from the one I was addressing, so I apologise to my hon. Friend. Either way, I want the Bill adjusted for greater judicial oversight.

My hon. Friend is not as anxious as I am about the temporary exclusion orders in clause 3. I would not be as anxious as I am if the expression “temporary” related to a period far shorter than two years. To me, a temporary exclusion order means a matter of months, at the most, and possibly only days and weeks. Once one moves from days, weeks or a few months, one moves into something other than temporary, which bolsters the arguments behind the need for judicial supervision. I do not like the word “permission” in new clause 2 tabled by the right hon. Member for Delyn (Mr Hanson), but I do not think we should be frightened of judicial supervision. By “judicial supervision”, I mean getting to grips with the substance of the case, not judicial review, irrespective of the fact, as my hon. Friend accepted, that judicial review is a bit meatier and has more teeth than when it started. I share the concerns of many hon. Members, therefore, that although the Home Secretary—particularly this one—will be entirely well motivated, we should not allow her or her Ministers to persuade us that their motives trump our concerns about the absence of judicial oversight.

[Sir William Cash]

Would my hon. and learned Friend be kind enough to give way?

[Sir Edward Garnier]

I give way to a fellow member of the former shadow Attorney-General’s club.

[Sir William Cash]

The old cabal.

I wonder if my hon. and learned Friend would be good enough to answer this simple question: does he believe that the charter of fundamental rights could not get involved in this process? If so, what would his answer be?