Counter-Terrorism and Security Bill

Debate between Lord Harris of Haringey and Lord Thomas of Gresford

Tuesday 20th January 2015 Lords Chamber

[Lord Harris of Haringey]

I do not want to get into an extended dialogue. I understand exactly the point, but it is a fine balancing act and there is a real issue. If we are saying that one of the concerns is the extent to which these powers are exercised proportionately, given not only that it is extremely important for the entire community and entire society that these powers are exercised and that they exist but at the same time we are trying to avoid a situation in which there is a backlash, these matters need to be considered. I am sure that the Government have considered them and perhaps the Minister will give us an indication as to how they have tried to strike that balance, not in the circumstances where the powers have been used incorrectly or inappropriately but simply when this has happened.

I do not want to go back to the numbers question, but if for example we found that these powers were exercised quite widely because there was a real concern about people going overseas for terrorist purposes but necessarily because of those concerns there were a large number of false positives, the backlash in the communities concerned would be extremely great. It is just the same argument that arises about a very large number of stops and searches taking place—not that compensation arose there—simply to deter a small number of people.

[Lord Thomas of Gresford]

Accepting the view of the noble Lord, Lord Pannick, that we should not give a course of action to someone who has had their passport removed, if the Minister were to give an assurance that the state will be open to ex gratia payments in appropriate cases, the fears expressed by the noble Lord, Lord Harris of Haringey, would be met. Ex gratia payments are frequently made in circumstances where there has been a degree of injustice. One cannot imagine any greater sense of injustice than to have one’s flight removed and the cost of a hotel imposed without any possibility whatever of being recompensed.