Terrorism Act 2000

Lord Howarth of Newport Excerpts

Thursday 8th July 2010 Lords Chamber

[Baroness Neville-Jones]

My Lords, the counterterrorism review is currently under way. It has not got so far that we have cast in stone our future intentions on Section 44 —indeed, in the light of what has happened, we will accelerate our consideration of it. We hope to bring forward revised legislation on this point in the context of the freedom Bill, and that means the autumn. We do not intend to let interim guidance lie as part of public policy an instant longer than is essential and necessary. I am sure that the House agrees that it is an untidy situation and we need to clear it up as soon as possible.

[Lord Howarth of Newport]

My Lords, while we always welcome the alertness of the judiciary in interpreting the law and its vigilance in championing civil liberties, is it not also the case that judges are apt to interpret the law without particular regard for the practical consequences of their judgment? Yesterday’s judgment in the Supreme Court will surely make it more likely that there will be a significant increase in the incidence of gay asylum-seekers seeking to come to this country and, while we abhor the persecution of gay people in the countries from which they seek to escape, there will be significant practical and political consequences of that judgement. We now have the judgment on Section 44. I note that the Government are not complaining about it, but it does not make it any easier for them to fulfil their paramount responsibility to protect the lives and safety of our people. Is it not the case that the responsibility of Ministers is more difficult and wide-ranging than the responsibility of judges, notably to balance freedom with security? Should we not be wary of a written constitution that would greatly increase the law-making powers of the judiciary? Does the Government continue to believe that Parliament is properly the sovereign law-making body in this country?

[Baroness Neville-Jones]

I have no doubt that it is the duty of Ministers to balance security with our freedoms. It is also the duty of the Government, Ministers and government agencies to act proportionately. In this judicial defeat, if I can put it that way, we are in the area of proportionality, and we have to adjust. As for the supremacy of Parliament, yes, of course it is supreme.