Counter-Terrorism and Border Security Bill

Baroness Kennedy of Shaws Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 31st October 2018 Lords Chamber

[Lord Carlile of Berriew]

My Lords, I will say just a few words on this. I agree with what my noble friend Lord Anderson said to this extent: I am not convinced that the Government have got the proportionality of this right. I invite Ministers to reflect on what has been said—not so much on the words of the draft amendments but to try to achieve something that is more acceptably proportionate to those of us who have a reasonable amount of knowledge of these issues and are concerned that the law should not go too far.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I too support the noble Lord, Lord Anderson, in what he said about the wide nature of what is suggested in the clause. Unlike the two previous speakers, my experience in this field is by acting in cases. I have acted for family members such as wives on a number of different occasions, and it is important that we maintain the trust of families and communities. Drawing legislation too widely will in many ways reduce the effectiveness of the state in seeking to deal with terrorism.

The noble Lord, Lord Anderson, was absolutely right to say that we have to be mindful of the parameters of this. Academics who have analysed what has taken place in the past and what is and is not effective have been our advisers on what is likely to work. So I hope that the Government will listen, look again and agree that Amendment 39 might be an appropriate way of restricting these powers.

[Lord Judd (Lab)]

My Lords, like the previous amendment, Amendment 39 comes close to the overriding, overarching issue of how we protect our security without changing the nature of our society from the society we want to protect. It is a delicate path which we have to tread carefully. I know that the Minister takes this point seriously, but the last amendment and this one come close to that consideration.

We must always remember that in these situations it is not only the people immediately involved to whom action may convey messages but the wider community. We must bust a gut in difficult situations to ensure that we always demonstrate that we are a different kind of society in which the principles of law matter and we do not lightly undermine them.