Counter-Terrorism and Security Bill

Lord Ahmed Excerpts

Monday 26th January 2015 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, to pick up the noble Lord’s penultimate point, Clause 18 says in terms that the scheme must specify various classes in subsection (2).

I have tabled Amendments 101 and 102 in this group. The first is narrower than the amendment tabled by the noble Lord, but would require regulations to encompass the requirements of a scheme whose breach may attract the imposition of a penalty. We are told that there will be regulations imposing penalties. It seems to me that the regulations for the underlying requirement, at the very least, ought to be within the regulations before one and that it is not appropriate for there to be regulations imposing penalties if the requirements themselves are not subject to the same sort of parliamentary process.

My second amendment would provide, not in detail, a more structured procedure than is suggested by subsection (4): the opportunity to object to a proposed penalty. It suggests that a reference to an appeal would be more appropriate. If there are to be penalties there should be arrangements for challenging them and possibly even for third party or perhaps judicial determination—but whatever there is, the rather loose terminology of “object to” is inadequate.

[Lord Ahmed (Non-Afl)]

My Lords, I apologise to the House that I was unable to speak at Second Reading. I have a couple of points on Amendments 100, 101 and the rest of the group. Under the Nationality, Immigration and Asylum Act 2002 (Authority to Carry) Regulations 2012, the Government have the powers to refuse entry to an individual. It is not clear why classes of passengers are targeted in this Bill. Will a whole group of people be covered under the new legislation? I say that because I have some experience. When I was travelling from Birmingham Airport last year, the immigration officers were stopping, under the Immigration Rules, the entire PIA flight to Islamabad—including myself. I was questioned about where I was going and whether I was carrying any money while I was going to Pakistan.

I fear that, without scrutiny by Parliament, these extra powers could be used against a group of people of a certain ethnicity. I fear that the perception of the British Pakistani community, Pakistan International Airlines and other airline carriers which occasionally carry people who could be suspected under the Terrorism Act will mean that entire families travelling on these airlines could be affected. Will the powers be used proportionately and will they be targeted? The Government already have powers to impose penalties on airlines for carrying certain passengers or to stop passengers getting on to flights. Therefore, I support the amendment and seek more clarification.