Counter-Terrorism and Security Bill

Debate between Dominic Grieve and James Brokenshire

Tuesday 6th January 2015 Commons Chamber

[James Brokenshire]

The Bill is, of course, a wider subject than the amendment, but my hon. Friend may wish to consult paragraph 1(7) of schedule 1, which defines a passport as

“a United Kingdom passport… a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom”,

or

“a document that can be used (in some or all circumstances) instead of a passport.”

[Mr Grieve]

I think that the hon. Member for Somerton and Frome (Mr Heath) made a good point. If a policeman forms a “reasonable suspicion”, subsequent evidence or information may cause him to change his view. It seems to me that at each stage of the review process it should be possible to take on board what the individual concerned has said, because that might change the view of the police and deal with the matter administratively at a much earlier stage.

[James Brokenshire]

Clearly, the police officer must hold the reasonable belief at that time, as I think my right hon. and learned Friend has accepted. Paragraph 2 of schedule 1 states that the paragraph applies where

“a constable has reasonable grounds to suspect that the person—

(a) is there with the intention of leaving”

the UK

“for the purpose of involvement in terrorism-related activity…or

(b) has arrived…with the intention of leaving”

again, for such purposes. Therefore, there is a requirement for that to be assessed. As I say, those issues can be considered as part of the consultation on the code of practice. I note the specific points that my right hon. and hon. Friends have made in that regard.

I turn back to the specific amendments. Given that the appeal is against why the police officer formed a reasonable suspicion about the individual’s travel intentions and exercised the power under the provision, the hearing would not take into account what the investigation had subsequently found about the individual’s intentions and whether that information strengthened the original decision or damaged it. That could result in a finding that the original decision was flawed and, regardless of the fact that the investigation has subsequently found evidence to strengthen the decision, the appeal is upheld and presumably the travel documents are returned. That is a risk that the Government are not prepared to take. Again, the right hon. Member for Delyn may wish to reflect further on that issue, taking into account some of the more detailed drafting issues that he has been alerted to in the debate.

Given the points that I have raised, notwithstanding the right hon. Gentleman’s initial indications, I hope that he will feel able, in the context of the safeguards in the Bill and the code of practice, to withdraw his amendment.