Terrorism Prevention and Investigation Measures Bill

Debate between Lord Macdonald of River Glaven and Lord Sentamu

Tuesday 15th November 2011 Lords Chamber

[Lord Macdonald of River Glaven]

My Lords, I also support the Government’s position on these amendments. The counterterrorism review gathered a great deal of evidence about relocation, as well as other measures applicable under the control order regime. The evidence was considered extremely carefully, as far as I could see. After all, the review was conducted by no less a division of the Home Office than the Office for Security and Counter-Terrorism, which is to be found in the deepest bowels of that department of state. Its conclusion, which I thought was certainly in accordance with the evidence, was that relocation was disproportionate and unnecessary in the face of other measures available under the TPIM legislation and particularly in the light of the Government’s decision to increase the amount of funding for surveillance, which after all is the main technique used by countries like us around the world to deal with these sorts of issues. I agreed with the conclusions of the counterterrorism review, as I thought that they were clearly in line with the evidence, of which there is a great deal. I am sure that the Government’s position on these amendments is the right one.

[The Archbishop of York]

I, too, as someone who supported the noble and learned Lord, Lord Lloyd of Berwick, in his amendment, believe that it is the duty of the Home Secretary to make the application to the judge and the judge to determine. To bring back relocation would make the case worse—not because we lost the last Vote, but I generally feel that on this particular bit of the Bill the Government have got it right. So I hope that we do not have to go through the Lobby Doors again but that the amendment will be withdrawn. Nothing will cause me greater difficulty in my understanding of British justice than bringing back relocation. That actually causes more difficulty in our communities than anything else. If there is going to be relocation, the noble Lord, Lord Hunt, should in his amendment have said that it should be done on the orders of a judge and not the Secretary of State.

I go with the Government on this, as I think they have got it right. Of course, we lost the last and most important amendment, but there we are.