Stop-and-Search Authorisation

Lord Herbert of South Downs Excerpts

Thursday 10th June 2010 Written Statements

[The Minister for Police (Nick Herbert)]

My hon. Friend the Minister of State for Security, Baroness Neville-Jones, has today made the following written ministerial statement:

I wish to inform the House of errors relating to those periods in the past which have recently been identified following an internal review of the authorisation process for the stop-and-search powers under section 44 of the Terrorism Act 2000.

The Metropolitan Police Service (MPS) has undertaken work in relation to a request for information under the Freedom of Information Act concerning authorisations for the section 44 stop-and-search powers. In the course of reviewing their section 44 records, the MPS identified an authorisation from April 2004 which had not been confirmed by a Home Office Minister within the statutory 48 hour deadline for confirmation. Subsequent investigations revealed that approximately 840 were stopped and searched in the relevant area during the period of the invalid authorisation. The MPS are urgently considering what steps can reasonably be taken to contact those individuals involved.

As a result of this discovery, the Office for Security and Counter Terrorism (OSCT) in the Home Office undertook a review in May 2010 of all section 44 authorisations since the Terrorism Act came into force on 19 February 2001, in the course of which a number of other errors came to light. I have to inform the House that it appears that stop-and-search powers have been used unlawfully by a number of police forces on a number of occasions. The Home Office has written to each of the police forces concerned to alert them to these errors and those forces are now in the process of assessing how many individuals were stopped and searched in the periods of invalid authorisations. They will do their best to contact those involved. To summarise these errors, on 33 occasions authorisations were specified to be for 29 days, and two occasions when the authorisations were specified to be for 30 days, whereas the statutory maximum period is 28 days. In addition, there was one further case (as well as the MPS incident in April 2004) where ministerial confirmation for the authorisation was not provided within the statutory 48 hour deadline. All of these cases appear to have been as a result of administrative errors which were not identified at the time by either the police or the Home Office. A full breakdown is included in the attached table.

Lord Carlile, the independent reviewer of terrorism legislation, has been informed.

Three episodes of errors taking place in the section 44 authorisation process have previously been brought to the attention of the House. For completeness, these are also included in the attached table bringing the total number of such cases to 40. Home Office officials are working closely with the National Policing Improvement Agency (NPIA) and the Association of Chief Police Officers (ACPO) with the aim of ensuring there are no incidents in future. Officials will keep Lord Carlile and me informed and I will report back to the House as necessary.

I am aware that there is considerable concern about the operation of section 44 stop-and-search powers going beyond these authorisation errors. The Government are committed to a wider review of counter-terrorism legislation, including the operation of the section 44 stop-and-search provisions. While I take some re-assurance from the fact that no errors have occurred since December 2008 when the authorisation process was tightened, I want to assure the House that there will be utmost vigilance in future. It is with the need for this in mind that I have instructed Home Office officials unconnected with the administrative process to conduct the internal review of procedures.

Table of Erroneous Authorisations