Counterterrorism and Security

Lord Dear Excerpts

Tuesday 13th July 2010 Lords Chamber

[Baroness Neville-Jones]

My Lords, I do not know the answer to the question of whether this is a novel idea. I certainly think it is a very good one, and obviously the object of having the involvement of the noble Lord, Lord Macdonald, is to ensure, and also to be able to give assurance to the outside world, that the review has been thorough and looked at all the options, and that it has been impartial and provides the best balance between our security needs and our rights as citizens as we can provide.

I share the noble and learned Lord’s relief that we are able now to redeem the pledge on the review of control orders. This has been overdue and that is why we regard it as an urgent thing to get on with.

On the question of consolidation of terrorism legislation, that is one of the things we would like to do. Noble Lords will be aware of the volume of urgent things that need to be on the statute book so I cannot promise that it is going to be an early piece of legislation. What is more, if we are going to do it we should do it thoroughly and well. In that area, haste will be the enemy of good work. I would rather produce a decent piece of legislation in due course than hurry at it. Finally, I hope that over time we are going to be able to reduce this panoply of emergency legislation. In a sense, it is no part of a democracy to have to continue with this sort of legislation for a moment longer than we need.

We still face a persistent and serious threat—and I failed to answer the noble Lord’s question about terrorist plots. I hope that noble Lords will forgive me for being unable to answer it today. I will be in a better position to do so next week when we debate the legislation on pre-charge detention. Indeed, I will be happy to do so then.

[Lord Dear]

My Lords, I echo the words of the noble and learned Lord, Lord Lloyd of Berwick. I agree with everything he said. I, too, welcome the review. I could speak at length about all six items enumerated in the Statement but perhaps I may pick up only one—item six, on the detention of terrorist subjects before charge. Will the Minister assure your Lordships' House that due weight will be given to the views and experience of the current DPP? I ask that question because when, like others, I was closely involved in the attempt to extend detention before charge from 28 days to 42 days, the then DPP and the two immediate successors said that they had not needed powers to go beyond 28 days. Notwithstanding the tremendously high standard of work carried out by the police and security services, it occurs to me that of all the bodies on this stage, the DPP is most particularly concerned with the adequacy of evidence and whether charges should be preferred.

Furthermore, the Minister commented on the use of intercept evidence, which will not form part of this review but will be looked at separately. Will she assure the House that that review will not be deflected? My views and those of other Members of the House have been outlined on a number of occasions, and a body of opinion says that it should be looked at as a matter of urgency and legislation changed to allow that form of evidence to be admitted.

[Baroness Neville-Jones]

My Lords, on the noble Lord’s first point, I can guarantee that we will be giving due weight to the views of the current DPP. I entirely agree with the centrality of those views. As I said, we will give weight to all views that are put to us.

As regards intercept evidence, I entirely take the point that it must not be left to moulder for ever. The Chilcot committee is still doing its work and we believe that it ought to be allowed to finish it. The noble Lord also knows that there are a number of issues that are not entirely straightforward. I am not in any way suggesting that we will not continue with this work, but it is because we do not believe that we can put it on a relatively fast track that we do not want to include it in this particular package. However, we will certainly be bringing forward our conclusions and, if necessary, further proposals.