Draft Police, Crime, Sentencing and Courts Act 2022 (Consequential Provision) Regulations 2022

Damian Hinds Excerpts

Monday 27th June 2022 General Committees

[The Minister for Security and Borders (Damian Hinds)]

I beg to move,

That the Committee has considered the draft Police, Crime, Sentencing and Courts Act 2022 (Consequential Provision) Regulations 2022.

It is a pleasure to see you in the Chair this afternoon, Mr Sharma.

Following the horrific terrorist attack at Fishmongers’ Hall in November 2019, the Home Secretary commissioned the independent reviewer of terrorism legislation, Jonathan Hall QC, to review the multi-agency public protection arrangements—commonly known as MAPPA—which are used to supervise terrorist and terrorism-risk offenders on licence in the community.

The Police, Crime, Sentencing and Courts Act 2022 established three new powers for counter-terrorism policing: a personal search power, a premises search power, and an urgent power of arrest. These powers were taken in response to recommendations made by Mr Hall following his review of MAPPA. The draft regulations relate to the new power of personal search, the creation of which was also recommended by the Fishmongers’ Hall prevention of future deaths report. The personal search power was inserted into the Terrorism Act 2000—it is new section 43C of that Act—by the 2022 Act. The new search power commences tomorrow, 28 June.

As the Government set out during the passage of the 2022 Act, the new search power will apply across the UK, enabling the police to stop and search terrorist and terrorism-connected offenders released on licence who are required to submit to the search by their licence conditions. The officer conducting the stop and search must be satisfied that it is necessary to exercise the power for purposes connected with protecting members of the public from a risk of terrorism.

The Government are clear that sensitive powers of stop and search should be subject to a code of practice setting out the basic principles for their use. Section 47AA of the Terrorism Act 2000 imposes a requirement on the Secretary of State to prepare a code of practice containing guidance about the exercise of search powers that are conferred by that Act. The draft regulations amend section 47AA so that it extends to cover the new search power inserted into the Terrorism Act by the 2022 Act. Subject to Parliament’s approval, this consequential amendment will create a requirement for the Secretary of State to prepare a revised code of practice that includes guidance on the exercise of the power conferred by new section 43C.

In anticipation of section 47AA being amended, I can confirm that we are already in the process of engaging relevant stakeholders and updating the code of practice to reflect the new section 43C stop-and-search power. We plan to lay an order next month, alongside the draft revised code of practice itself, for Parliament’s consideration and approval. As such, Parliament will have the opportunity to review and debate the revised code and its contents in due course.

The draft regulations being considered today simply relate to the technical and consequential matter of whether to amend section 47AA of the Terrorism Act 2000 to enable the Government to update the relevant code of practice in the manner I have outlined. I very much hope that hon. and right hon. members on both sides of the Committee will be able to support them.

--- Later in debate ---

[Damian Hinds]

I thank the colleagues who have spoken. I acknowledge what the hon. Member for East Renfrewshire says about the importance of consultation with the devolved Administrations. To the hon. Member for Bolton South East, I say simply that we are committed, as she knows, to tacking terrorism in all its forms. This power to conduct a search will apply to any terrorist offender who is subject to the relevant licence condition, which is irrespective of someone’s religious background or ethnicity. The legislation is clear that such searches cannot be conducted unless the police officer is satisfied that the search is necessary for the purposes of protecting members of the public from the risk of terrorism.

I thank the hon. Member for Halifax for her comments. I echo what she says about the importance of the work of the independent reviewer of terrorism legislation, and I assure her that the effectiveness of such legislation is continually reviewed.

In conclusion, I thank all colleagues for their presence here at this important scrutiny session—

[Yasmin Qureshi]

Maybe I misheard the Minister, but did he say that when somebody is searched, that search will be recorded, and also that the records will show the ethnicity and religion of the person? That is the information I was talking about. Perhaps I misunderstood him, but I would like clarity on that.

[Damian Hinds]

Of course, the code itself will be laid before Parliament in due course and the House will have, in a session such as this, the opportunity to debate it. I can assure the hon. Lady that that sort of recording is indeed part of the process.

I reiterate that the regulations provide a technical consequential amendment to section 47AA of the Terrorism Act to reflect the introduction of the new personal search power and to ensure it is governed by a code of practice. I emphasise again that today’s regulations will not amend the content of the relevant code of practice, and our draft revised code, as I was just saying, will shortly be laid before Parliament subject to its approval. As such, I commend the draft regulations to the Committee.

Question put and agreed to.