Counter-Terrorism and Security Bill

Mark Durkan Excerpts

Monday 15th December 2014 Commons Chamber

[Mr Hanson]

I am grateful to my hon. Friend for that comment. She will see that under paragraph 1(7) of schedule 1, passport means “a United Kingdom passport” or

“a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom, or by or on behalf of an international organisation”.

It is imperative that we consider the issue of appeals because foreign citizens or citizens of the UK might have two passports.

If information is provided about an individual, this measure will allow the serious act of removing their passport and stopping them travelling. Although it will no doubt be very well researched, very well executed and very well managed by the security services, the police, immigration officers and others who are allowed to undertake these matters under schedule 1, the possibility of wrong or disputable facts will always be there. Those wrong or disputable facts will mean that a UK citizen loses their liberty, their passport and their ability to travel. We need to be cognisant of that issue.

[Mark Durkan (Foyle) (SDLP)]

Further to the point that was made by the hon. Member for North Down (Lady Hermon), if a passport that was issued by a state other than the UK was seized, does my right hon. Friend envisage that that state would seek to join the appeal against the seizure? Does he believe that Ministers have fully taken account of the diplomatic implications of that?

[Mr Hanson]

Again, that demonstrates why the issue of appeals is important. Paragraph 1(7) of schedule 1 refers to

“a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom”.

I can envisage a situation in which an individual who is the citizen of and holds the passport of not, dare I say it, the Irish Republic, but another country in the European Union or even a country outside the European Union, but who is resident in or travelling from the UK, is suspected for a range of reasons of involvement in terrorism-related activity under paragraph 1(10) of schedule 1. Again, the UK would be in the difficult situation of depriving an individual from another country of their passport on the basis of a range of suspicions that may or may not prove to be factual. I am in danger of repeating myself and am being careful not to do so, but we need to examine such facts carefully. The purpose of amendment 17 is to stimulate a debate about that.

--- Later in debate ---

[James Brokenshire]

I understand the hon. Lady’s sincerity and the manner with which she has advanced her point, and we must be vigilant about risks and threats that may be posed to the United Kingdom, whether in Northern Ireland or any other part of the UK. There is good work between the Police Service of Northern Ireland and the Garda Siochana, and the United Kingdom and the Republic of Ireland have a clear joint interest in ensuring border security. Indeed, we very much consider the common travel area to be an external border, which is why we work closely with the Republic of Ireland to ensure that it remains effective and in no way goes down the path mentioned by the hon. Lady. The Government must maintain that sense of vigilance and focus.

[Mark Durkan]

I represent a border constituency and we do not particularly want the border demarcated further in ways that applied historically. Schedule 1 defines the border area as one mile from the border with the Republic of Ireland. Is that as the crow flies, or when travelling? If there is a dispute about where the person was stopped and had their passport seized, how will the question of where the seizure took place be resolved?