Terrorism Act 2000

Lord Judd Excerpts

Thursday 8th July 2010 Lords Chamber

[Baroness Neville-Jones]

Let me take my noble friend’s second point first. Section 43 does not contain any powers to stop vehicles. I think that the House will understand that it would not be very sensible not to have any powers at all to stop vehicles. In many respects, the greater danger may lie in someone, or persons, trying to do something in a vehicle. So it is necessary to be able to stop vehicles. Therefore, Section 44, as a matter of law, has to remain available for vehicles. In practice, however, it will be interpreted by using reasonable suspicion, as if it were a Section 43 power. I very much take the noble Lord’s point about the need for there not to be discrimination and disproportionality in the stopping of different groups in society. I think that that is a concern to the whole House, and it is being watched very carefully.

[Lord Judd]

Does the Minister agree that, quite apart from human rights and individual rights, this judgment is very much in the interests of good policing? Policing can be effective only with the maximum support and co-operation of the community. There is a real danger, in this very sensitive area, that policy can become counterproductive at the very time when we need that maximum co-operation.

[Baroness Neville-Jones]

My Lords, I am sure that the whole House endorses that. I think that 7/7 was an example of the extraordinary importance of the community coming together. A noble Lord said earlier that there had been a considerable reduction in the use of Section 44 powers initiated and undertaken by the police. I think that that is in recognition of exactly the point that the noble Lord made; that is, it is important to be seen to be using the powers fairly and proportionately, and it creates resentment if those two characteristics are not present.