Terrorism Prevention and Investigation Measures Bill

Debate between Lord Newton of Braintree and Lord Judd

Tuesday 15th November 2011 Lords Chamber

[Lord Judd]

I am grateful to the noble Lord, Lord Pannick. Of course, he is right. That is not the first time he has been right: nor, I imagine, will it be the last. I make one plea to my noble friend. I am concerned that, if the official position of the Opposition and the party which I support—and of which I am a member—is that it is not necessary, as was demonstrated on the last amendment, for action to originate with the courts and judges, this will extend still further the powers that will flow from an executive decision by the Secretary of State. To have such far-reaching powers—whether they are needed at all is a separate issue—without the action having originated in the courts becomes even more disturbing. I hope that my noble friend and his colleagues, in considering future policy over a longer period, will give this serious consideration.

The noble Lord, Lord Phillips, in the debate on the previous amendment, made what for me was the most powerful argument: that is, what are we trying to do? We are trying to promote the security and well-being of the British people. If we are going to do that we must have the maximum possible support for what is being done in all the communities that matter in this context. If that is to be the case, and if people are not to be prone to manipulation by extremists in the midst of their concern and anxiety, it is desperately important to demonstrate that when extensive powers are brought to bear, they have the authority of the courts and are part of the whole tradition of the administration of justice and the rule of law as we have understood it in this country.

Let us make no mistake. The objectives of the extremists are to undermine and destroy our commitment to the rule of law as we have understood it and to destroy the credibility of our claims about the rule of law. We must be careful that we do not play into the hands of the manipulative extremists and put the vulnerable and the impressionable under still more pressure to join their ranks.

[Lord Newton of Braintree]

My Lords, before I say anything else I had better warn my noble friends on the Front Bench that—to their surprise—I am about to support them, along with the noble Lord, Lord Pannick. However, that is in the context of having voted against them on the previous amendment and having agreed with every word that the noble Lord, Lord Judd, said, which built on what my noble friend Lord Phillips said in the previous debate. If these provisions had still been in the Bill during the previous debate, they would have been a major focus of it. The notion that one forces somebody away from their friends, takes their children out of their schools and breaks all their links by a relocation order, underlines the desirability of this being something that is sanctioned by the courts and not done as an executive fiat by the Home Secretary.

I will speak, but not at length, to the Labour Front Bench. This is a bit of a sad day for all of us except the 79 who formed a small group in the Lobby behind me. However, in the light of this debate, it is an even sadder day for the Labour Party—I suspect that the noble Lord, Lord Judd, would agree with me but I will not ask him to indicate that—when set against the background of much of what it has stood for over the years. One thing that pleased me when we got the coalition was that there were clear indications—and not just because it was a coalition—that the Conservative Party was occupying the freedom ground again rather than the authoritarian ground. There are now reasons to question that, but I will not go on down that line.

I want to conclude without repeating points that have already been made. Okay, there will be problems during the Olympics, but they will be a great showcase for our country: its values, qualities and abilities. Why do we want, in the course of the Games, to maintain a proposition that is, frankly, inimical to everything that most of the rest of the world thinks that this country stands for and to what most of us think is what our democracy stands for? That is my question and that is why I support the Minister.