Terrorism Prevention and Investigation Measures Bill

Baroness Hamwee Excerpts

Wednesday 23rd November 2011 Lords Chamber

[Lord Lloyd of Berwick]

My Lords, I find myself unable to support the argument that has been put forward by the noble Lord, Lord Hunt. Indeed, it seems to be very much a repetition, on a rather smaller scale, of an argument that we heard over and over again on Report, all based on the views of one particular senior police officer. I for my part am completely satisfied with the view that has been taken by the Government. My general view is that the sooner we get rid of the old legislation, the better.

I have one other problem, which I do not know whether the Minister will be able to answer. It turns on paragraph 2 of Schedule 8 combined with paragraph 7 of Schedule 8. As I understand it, paragraph 2 provides that the old law will continue to apply to those who are currently under control orders. Paragraph 8 says that that will be so even though the 2005 Act would have expired, quite apart from this Bill repealing it. Is that the position? If so, when do the new provisions begin to apply to those who are currently under control orders? Every controlee will ask himself, “Have I been affected by this Bill or not?”. In particular, he will ask himself when the two-year period under Clause 5 starts in his case. It seems that the control order will continue to apply, but it cannot be kept in place indefinitely under the provisions of an Act that we have repealed.

[Baroness Hamwee]

My Lords, like the noble and learned Lord, I have made it clear that the sooner control orders end the better. Will the Minister confirm that the extension to 42 days is not a matter of giving the police another two weeks to get their arrangements in order but because it became clear that the period of commencement would be within the Christmas and new year holiday period, which was not wholly convenient? Forty-two days would take the period into the new year as a matter of convenience. That is what I understood to be the explanation when we heard about this last week.

[Lord Henley]

My Lords, I shall start with the points made by the noble Lord, Lord Hunt of Kings Heath. As always, my first advice to him would be not to believe everything that he reads in the papers. Having said that, I am grateful to him for raising the point. It is very important and it gives me the opportunity to explain why we are doing this. I set out what is behind Amendment 4 when I dealt with that.

My noble friend Lady Hamwee asked whether we were extending the detention period to 42 days just because the police asked for it or because the police asked for it because it was over Christmas and new year. I can assure her that that was the point that the police made to us: things will be slightly harder if this happens then than they would be if it happened on some other occasion.

The police service has worked very closely with both the Security Service and the Home Office throughout the legislative process to ensure that all the plans and preparations that are being made are tailored to the Bill in the appropriate manner and to ensure that everything is as it should be. The Metropolitan Police has also confirmed to the Home Secretary that it has put in place arrangements to manage that transition from control orders to TPIMs. Indeed, the Home Secretary received detailed briefing as recently as Monday from the Metropolitan Police on the transitional plans that had been drawn up. The Home Secretary is fully aware of what is going on. As I made clear on Report, we recently received advice from the Metropolitan Police that, in reviewing its plans as they were being developed, the extension of that period over Christmas and new year from 28 days to 42 days would be required to ensure that the necessary arrangements could be put in place. It is simply a safeguard to ensure that smooth transition.

In relation to paragraph 2 of Schedule 8, the noble and learned Lord, Lord Lloyd, asked whether the controlees themselves would ask questions about how they were being affected. I would prefer to write to the noble and learned Lord, if I may, to make sure that I get that absolutely right.

I end by giving an absolute assurance to the noble and learned Lord, the noble Lord, Lord Hunt of Kings Heath, and the entire House that all we are doing is absolutely necessary. Whatever happens, we will not put the security of the country at risk. We have taken advice from the police and the security services on this matter. It was suggested that we should make this extension from 28 days to 42 days. That is what we are doing.