Counter-Terrorism and Border Security Bill

Lord Hylton Excerpts

Monday 17th December 2018 Lords Chamber

[Lord Paddick]

My Lords, I rise to support the amendments of the noble Baroness, Lady Jones, at least in principle. There is clearly a conundrum here. You have people potentially being detained and questioned at ports, for up to a maximum of six hours. They may be in possession of documents that are genuinely confidential journalistic material—for example, information about journalistic sources—or they may be legal documents, subject to legal privilege. As this amendment suggests, however, to allow someone to refuse to hand over the documents or information on the basis that this is what they contain, would be open to abuse by foreign spies, or people who have adverse intentions towards the United Kingdom. There is a dilemma between protecting legally privileged material and confidential journalistic material, but at the same time—and within the timescales and practicalities of a Schedule 3 or Schedule 7 stop—finding some mechanism that protects those fundamental human rights and enables the Border Force to carry out its job in protecting the United Kingdom.

[Lord Hylton (CB)]

My Lords, these two amendments raise genuine points of concern. As the Bill is written, border guards and other officials are being put in a more privileged position than police forces. Under the Terrorism Act 2000, the police have to apply to a court for judicial approval of such actions, so I am supportive.

[Lord Kennedy of Southwark]

My Lords, the noble Baroness, Lady Jones, raises important issues with these two amendments, and I am happy to give my support in principle. As the noble Baroness said herself, I am not convinced that these amendments, as written, are correct, though they certainly raise issues the Government should look at and support. All of us here would, I hope, support journalists, and a free and responsible press.

The issues raised by the amendments need looking at; I hope that the Minister will do so when she responds. Perhaps we can find a way forward, possibly at Third Reading, to address the concerns here. It is about getting the balance right between protecting our country, protecting the rights of journalists and keeping ourselves safe and secure. We need to get those issues right in the Bill. I look forward to the Minister’s response.