Counter-Terrorism and Sentencing Bill

Lord Faulkner of Worcester Excerpts

Report stage & Lords Hansard
Wednesday 3rd March 2021 Lords Chamber

There has been understandable interest in how that amended residence measure will operate in practice. I can provide reassurance in response to the question raised by the noble and learned Lord, Lord Falconer of Thoroton, that in the context of TPIMs there is no exception to Article 5 of the ECHR, the right to liberty. Instead there is an established body of case law that guides that, in practice, the residence measure placed on a TPIM subject could not ordinarily exceed 16 hours a day without breaching an individual’s right to liberty. We are clear that this measure should not and will not amount to an unlawful deprivation of the individual’s liberty. I therefore urge noble Lords also not to move this amendment.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

I have received a request from the noble Baroness, Lady Hamwee, to ask a short question.

[Baroness Hamwee (LD) [V]]

The Minister just referred to the number of hours in the day for which the restriction may apply. Why have the Government decided, assuming that the decision is positive, not to include in the Bill a total limit per day? He referred to Article 5 but would it have been more convenient for the Government, let alone TPIM subjects—the noble Lord, Lord Anderson, had a good deal to say about the problems of pursuing applications to the court—not to allow the prospect of getting caught up in proceedings challenging the total number of hours?