Crime and Policing Bill

Debate between Baroness Lawlor and Baroness Jones of Moulsecoomb

Committee stage
Tuesday 27th January 2026 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I too support both amendments. I support Amendment 449 because proscription is a huge power. The noble Baroness, Lady Chakrabarti, used the word “awesome”, and it is indeed an awesome power: it can turn ordinary behaviour into crime. Parliament should not be asked to rubber-stamp those decisions without proper scrutiny. Proscription can criminalise membership, association and even everyday activity, yet at present these decisions are made almost entirely within the Executive, with very limited parliamentary oversight, and that concentration of power carries risks. It leaves decisions open to mistakes or overreach and of course it can also undermine public confidence in counterterrorism law.

Parliament and the public need assurance that proscription is based on sound reasoning, reviewed independently and grounded in evidence. One thing we did not really have when we were asked to proscribe Palestine Action was evidence. Since then, we have had hints of various kinds, telling us that we will see when the evidence comes out and we will understand why that proscription was justified. But so far, I would argue, it has not been justified. Independent scrutiny is particularly important when the intelligence underpinning a proscription is classified and supposedly cannot be shared widely. Where decisions are urgent or complex, having a committee report afterwards helps Parliament and the public understand the reasoning and reinforces the legitimacy of the action taken.

I would have also supported this going further to address the recommendation of the Independent Reviewer of Terrorism Legislation, David Anderson KC—the noble Lord, Lord Anderson—that proscriptions should be time-limited and expire after a set period, such as two years, unless Parliament is asked to proscribe yet again. As we know, once proscription has happened, in effect it lasts forever. Decisions this serious should not be made in private and left to drift. Parliament deserves a proper look at the evidence, so I hope that the Minister is going to bring us the evidence, as he keeps hinting in various speeches.

Amendment 454 is an excellent amendment, I have to say, because, when we proscribed Palestine Action, it was bracketed with two groups. I cannot even remember their names. They were right-wing, fascist organisations, and we had absolutely no choice about that. Had we dealt with each of those individually, we could have made a much better decision, I would argue. It seems that we just have to trust the Government—and who trusts the Government any more? Certainly not me, and many of the general public agree with me. Asking us to trust the Government is not the way it should be. It really should have better oversight.

[Baroness Lawlor (Con)]

My Lords, I shall say a few words in support of Amendment 449 from the noble Viscount, Lord Hailsham, and Amendment 454 from the noble Baroness, Lady Chakrabarti. I do so on the grounds, really, that—