Terrorism Act 2000

Lord Goodhart Excerpts

Thursday 8th July 2010 Lords Chamber

[Baroness Neville-Jones]

My Lords, the noble Lord is right in his interpretation. What we have, in effect, are non-statutory guidelines, and the law remains in place. It is not to be ruled out that, should a contingency of an extreme kind arise—and I emphasise “extreme kind”—the Home Secretary would regard it as both right and within her powers to alter the guidelines. It is very important—I come back to this—that we do not put the police in the position of acting illegally.

The noble Lord asked one or two questions about the operation of Section 44 and whether we would regard the use of those powers as appropriate in the case of, for example, hardened targets. That is precisely the kind of issue that we are going to look at—the extent to which, for instance, there may be a very small number of very key sites or very sensitive events, such as the Olympics, where powers of this kind may be appropriate.

The House will forgive me for not wanting to go further than that, because these are the issues that arise out of the situation that we now have. They need careful consideration. We need to consult the police and we need wider consultation. In our discussions with the police, I have had no inkling or suggestion from them that they would regard themselves as impeded in their ability to protect the Houses of Parliament or one or two of the other sensitive sites mentioned. As I say, however, we want to review the powers available for all future contingencies.

[Lord Goodhart]

My Lords, I very much welcome the Statement that my noble friend Lady Neville-Jones has repeated. I also very much welcome the acceptance of the judgment of the European Court of Human Rights. The Liberal Democrats have been critical of Section 44 for a long time—pretty nearly since its original creation. Section 44 has been abused in the past, notably, as some of us may remember, by the arrest of the old gentleman who heckled the platform at a Labour Party conference. It has also been totally ineffective in preventing terrorist activities. No exercise of the powers under Section 44 in any case where there were no obvious grounds for suspicion has disclosed any evidence of terrorist activity. So I think that we will lose nothing by narrowing the effect of Section 44.

The proposals in the Statement are not a long-term solution; as the noble Baroness said, they are an interim solution. The Statement contains no specific changes to the Terrorism Act 2000. It simply contains intended changes in the application of the law. That means that those changes, not being part of any legislation, could be revoked without any reference back to Parliament. Does the Minister agree that it is therefore necessary to proceed with the amendments to the 2000 Act as soon as possible? How far has the review of the counterterrorism laws referred to in the Statement already gone? When is that review likely to be finished, so that it will be possible to take the essential step of altering the provisions of the 2000 Act?

[Baroness Neville-Jones]

My Lords, the counterterrorism review is currently under way. It has not got so far that we have cast in stone our future intentions on Section 44 —indeed, in the light of what has happened, we will accelerate our consideration of it. We hope to bring forward revised legislation on this point in the context of the freedom Bill, and that means the autumn. We do not intend to let interim guidance lie as part of public policy an instant longer than is essential and necessary. I am sure that the House agrees that it is an untidy situation and we need to clear it up as soon as possible.