Counter-Terrorism and Security Bill

Baroness Hussein-Ece Excerpts

Monday 2nd February 2015 Lords Chamber

[Baroness Buscombe]

My Lords, this is the Report stage and in order for me to speak a second time it has to be accepted that the noble Baroness asked me the question before I sat down. The whole point of this is to allow for a reduced bar, in a sense, which is not sufficient for the power of arrest but is something less. It is wrong in any way to box in the security services and police in a difficult situation where, because of security reasons, they may not even know whether they can give the information.

I am trying to set the scene. We are talking about a different world from the one in which it is accepted that there would be a warrant for arrest and reasons given, where there would be understanding and matters would be beyond suspicion. All I am saying is: “Please can we give the security services and the police the freedom to act, sometimes with extreme speed, to stop someone leaving the country—someone who may want to do something on the mode of transport—without having to give such information?”. In any event, the summary probably would not satisfy—it is not meant to satisfy—the person from whom the passport is being taken.

[Baroness Hussein-Ece (LD)]

My Lords, I support the amendment and wish to address the comment made by my noble friend previously. It is quite a serious matter for a family, who may have spent a great deal of money purchasing tickets and planning a holiday, to arrive at a port or an airport to leave and then to have their passports, or one family member’s passport, seized. It seems to me quite reasonable to provide that person with a summary as to why their passport is being seized.

There is also the issue that there needs to be some accountability; otherwise, there is a danger of the whole system being seen as racially profiling people for whatever reason. We have learnt lessons from what happened with stop and search—there was not always sufficient intelligence or reasons given for people being stopped and searched. Further, a report published in 2013 by Her Majesty’s Inspectorate of Constabulary documented the poor training of officers who are exercising the power. It seems eminently sensible to have an extra layer which provides a safeguard and a degree of accountability around what is a no small matter of a passport being seized.

Recently I was travelling back from Paris with my son, who happens to have a Muslim name. He was questioned when we got to immigration control and we almost missed our Eurostar back home. He was asked whether he had been to Turkey recently. He does have family in Turkey and it would be entirely reasonable for him to go there, but he was singled out because of his name; there was no other reason. As it happens, he has not travelled to Turkey in the past year, but we were detained for some time and it was a worrying thing. His passport was not seized or anything like that, but the incident indicated to me that because of my son’s name, and for no other reason that I could see, he was questioned. My son is not a frequent traveller to Turkey and we had been on a day trip to Paris. He was questioned very seriously and we were within a minute of missing our train back. That showed me that this can be done quite randomly and with no proper intelligence.

[Lord Harris of Haringey (Lab)]

My Lords, this would be a safeguard without substance. What is required here is that a person is given a summary of the reasons for suspicion. The noble Baronesses who have spoken in support of the amendment have said that the summary obviously could not include the full intelligence, and quite rightly so. Presumably, the summary of the reasons will be, “There may be intelligence which suggests that”, which is hardly a reason that will satisfy anyone and seems essentially to be pointless. Surely the fact that someone is told that this is being done under Schedule 1 to the Counter-Terrorism and Security Act is all the summary of reasons that will ever be given. Dressing it up by saying, “You are being provided with a summary of the reasons: namely, that you are thought to be a person to whom Schedule 1 to the Counter-Terrorism and Security Act applies”, does not provide much of a safeguard. Is this not just gesture politics?

--- Later in debate ---

[Baroness Smith of Basildon (Lab)]

My Lords, I will speak briefly to Amendment 5, which, if I have understood correctly, is to do with training under the code of conduct specifically with regard to humanitarian aid.

I am sure that no one in your Lordships’ House would want to deter those who wish to give such support or aid from doing so. We have a proud history in this country of people—whether as individuals, or through organisations, their churches or charities—who risk their own lives to help and support others. Therefore, we understand what we are seeking with the amendment. My concern is that I would assume that the training to be given to those who would exercise power under this schedule would want them to correctly identify those who are going for terrorism-related purposes. Part of that should include identifying those who are going for humanitarian reasons. That does not necessarily need to be in the Bill; I can think of other groups, for example. I was talking to a friend yesterday evening who some years ago went to Afghanistan as a photojournalist, and he asked whether we specified journalists in the legislation.

The assurance that we seek, which it may not be necessary to put in the Bill, is that, after undertaking the training, those who exercise powers under this legislation fully understand exactly what they are looking for. We want to ensure that those who are going overseas for legitimate reasons—because, even when there are travel advisories out, there are people who would risk their own lives to help others, or to report back to people at home and in other countries—are not excluded or caught under this legislation. I am not sure whether this amendment is the correct way in which to do that, or that it fully identifies all those whom we would not want to be caught under the legislation. My anticipation would be that the training would include the proper use of the powers. If the Minister could confirm that, that would be helpful.

[Baroness Hussein-Ece]

On the point that the noble Baroness has just made, I was just thinking how difficult it must be to distinguish those who are genuinely going abroad for humanitarian reasons to support people in desperate need. We do not want to deter people who want to do that—it would be a sorry state of affairs if we thought that they should not do that. Perhaps in the guidance for those who are engaged in that work and want to do it, it might be helpful to let them know or give out some information as to what sort of things would be required to demonstrate the purpose of their trip, rather than officers trying to ascertain it when they are at border control. Perhaps we could give advice to what would be predominantly Muslim charities —I can openly say that here—that would be affected by the legislation, to let them know what would be expected of them when leaving the country to engage in the work that they are doing. Perhaps we could give them more information, rather than leave it to an arbitrary officer at the point when they are leaving to ascertain whether this person is going for true humanitarian reasons or for other, terrorism-related instances.

[Lord Ashton of Hyde (Con)]

My Lords, I am grateful to my noble friends for tabling these amendments, which cover issues concerning the statutory code of practice that governs the exercise of the power to seize travel documents.

To take the last point first, my noble friend Lady Hussein-Ece asked what was expected of charities, rather than just turning up at the airport and finding themselves victims, if you like, of these powers. I shall take that back and ask whether that is suitable, but at the moment I have no knowledge of a particular government draft for charities. But I shall take that back—and I take the point.

As your Lordships will be aware, a public consultation on the draft code of practice for officers exercising functions under Schedule 1 was launched on 18 December and closed last week, on 30 January. We continue to review and consider the consultation responses and any required amendments to the code. In summary, responses have been broadly positive concerning the extent to which, for example, the code appropriately describes who is subject to the new power, the test for exercising the power, how information is provided to people subject to the power and the safeguards against repeated use of the power. Respondents have commented on issues such as the need for an authorisation process and the time this might take, the availability of legal aid for individuals subject to the power and whether the specified police ranks for the authorisation and review functions are set too high. We have, of course, also considered the contributions of noble Lords and Members of the other place to debates on this chapter of the Bill throughout its consideration in the context of that consultation.

We agree with a number of respondents on issues such as the availability of legal aid and clarifying whether family members may access temporary support arrangements, if required. We will revise the code to reflect these points and other additional points that we consider appropriate. A summary of the consultation responses will be published in due course.

I recognise my noble friends’ intention, in tabling Amendment 5, to require the police to receive training so that they may distinguish between individuals travelling for humanitarian purposes and individuals travelling for involvement in terrorism-related activity. That point was made by the noble Baroness, Lady Smith.