Counter-Terrorism and Border Security Bill

Lord Pannick Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 31st October 2018 Lords Chamber

[Lord Paddick]

I am very grateful to the noble Lord, Lord Kennedy of Southwark, for his support, and for the comments of the Minister. I welcome the fact that the Government will look carefully at Amendment 38. On Amendment 36, I ask that the Government also look at whether, when somebody hires a car, the contract says effectively that the person does not have the right to use that vehicle for an illegal purpose; that could be a gap in the legislation as drafted. I hope that the Minister will appreciate that we are trying to be helpful and supportive in suggesting these amendments.

[Lord Pannick (CB)]

I suggest to the noble Lord that the provision in the Bill is concerned with “a right to use”, which must mean any right to use. It is not confined to a right to use the vehicle for the terrorism purpose that we are concerned about. Therefore, it is not necessary to pursue an amendment here, given that there is a notification requirement if there is any right to use the vehicle; clearly the person has a right to use the vehicle.

[Lord Paddick]

I am very grateful to the noble Lord. I am not sure whether the point I am about to make is contrary to what he has just said but our concern is that that there could be a line in the contract, when somebody hires a car, that says, “You are not entitled to use this car—you have no right to use this car—if you intend to use it for an illegal purpose”. In other words, the contract between the renter and the company will be null and void, and therefore someone has no right to use this vehicle if they intend to use it for an illegal purpose. I am not sure whether words to that effect are part of a vehicle hire contract but it perhaps at least needs to be looked at before we come back to this issue. However, for the moment, I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Paddick]

My Lords, I support the amendments in this group. I have added my name to Amendments 39 and 41 but, for some inexplicable reason, not to Amendment 40. I assure the House that that is a mistake. All I will say is that I am sure that the Minister has listened carefully to the noble Lords, Lord Anderson of Ipswich and Lord Carlile of Berriew.

[Lord Pannick]

My Lords, perhaps I may add my name to the long list of noble Lords concerned about the width of the provision in the Bill. I too hope that the Minister will say to the Committee that she and the Government will take this matter away, think about it and come back to it on Report.

[Lord Rosser]

My name and that of my noble friend Lord Kennedy of Southwark are attached to these three amendments. All that needs to be said has already been said and I just wish to indicate my support for the views that have been expressed. I hope that the Government will either accept these amendments or, alternatively, accept the spirit of what has been said, go away and come back with their own proposals on Report.