Counterterrorism Review

Lord Macdonald of River Glaven Excerpts

Wednesday 26th January 2011 Lords Chamber

[Lord Macdonald of River Glaven]

My Lords, I declare an interest as the independent overseer of the counterterrorism and security powers review. Would the Minister agree that the review has made good progress in meeting its objectives of recommendations that, if implemented, would roll back state power consistent with public safety, and that on stop and search, surveillance powers, pre-charge detention, the removal of relocation and curfews, and house arrest powers, important reforms are signalled?

Would she also acknowledge that more work needs to be done on the precise circumstances in which restrictions may be placed on those who are not charged, prosecuted or convicted of crime, and that some quite tough decisions will have to be made before legislation is brought before this House?

Finally, will she indicate whether the Government will consider the proposal in my report that any regime of restrictions should be much more closely linked to a continuing criminal investigation so that the primacy of prosecution is protected and that prosecution is the prime aim of public policy in this area?

[Baroness Neville-Jones]

I take this opportunity to reiterate my thanks to the noble Lord for his contribution, which is very significant to the work of the review. He makes some important points and has outlined more eloquently than I have the effect of reducing the measures in relation to individuals that constitute a new balance between public protection and the rights of the individual. We believe, however, as the noble Lord acknowledges himself, that it remains necessary that measures of this kind are available in the interest of public protection. He is right that there is more work to be done on some of the detail, and as we work through the legislation and subsequently its implementation, I am sure that more detail will come into effect.

On the question of the regime of restrictions and the need for a closer link to criminal investigation, the Government share the view that it is important to increase the possibility within this regime of bringing successful prosecution. We are mindful of that being the proper goal. As the Home Secretary said in her Statement, terrorists should be behind bars in a prison cell. At the same time we draw back from the notion that one would not be able to introduce a measure of this kind in the absence of a close link to and a realistic prospect of being able to introduce a prosecution. We do not wish, therefore, to claim that we can do that, given that it might not be an honest claim. What I can say on the part of the Government is that we will try very hard to ensure that the maximum possibility for bringing prosecution in any given instance is a clear objective.