Counter-Terrorism and Security Bill

Mark Reckless Excerpts

Monday 15th December 2014 Commons Chamber

[Mr Hanson]

We did consider those matters and I originally drafted an amendment that sought to do that. I could have tabled it last Thursday but I decided to focus our debate on whether the legislation is fit for purpose. I am not saying that it is not; I am simply saying that there are severe changes in the Bill that restrict individuals, give powers to police officers and others, set out a new code of practice and give a range of powers to the Secretary of State to do what they wish with detained individuals. If the Opposition are to support the clause this evening, as we will, it must be reviewed at some point in the future. The mechanism we suggest means that a Minister, whoever that might be, must review the situation and either table a motion or, if the legislation ultimately falls, table a replacement piece of legislation in time for 31 December 2016.

I am not seeking to cause difficulties for the Minister with amendment 29. I simply want him to consider in detail his proposals in clause 1 and schedule 1 and whether we should have a sunset clause. We want such a clause because one of the gaps in the legislation means that there is no mechanism for appeal in the event of the powers in schedule 1 or clause 1 being exercised against an individual. An individual's travel documents will be removed for 14 days, and potentially for 30 days, but in the meantime there is no mechanism through which they can appeal effectively against that decision. Amendment 17 allows for an appeal in the courts on the subject of

“the evidence on which conditions in paragraph 2(1)(a) and (b) of this schedule were met”.

The Committee will agree that the right of British citizens to travel freely, unrestricted by state interference, is crucial and historical.

[Mark Reckless (Rochester and Strood) (UKIP)]

Given the right hon. Gentleman’s concern, would not the right approach be to accept his amendment 17 and the judicial right of appeal rather than having a sunset clause? Does he plan to press that amendment to a vote?

[Mr Hanson]

I welcome the hon. Gentleman back to this place, as this is the first opportunity I have had to do so. I shall wait to see what the Minister says, but I am minded to say that it is important that the right of appeal is paramount. The Minister might or might not accept the amendment and I will have to listen carefully to his argument, but if he does not accept it there will be an opportunity to test the will of the Committee should we so wish.