Counter-Terrorism and Security Bill

Debate between Lord Macdonald of River Glaven and Baroness Warsi

Tuesday 20th January 2015 Lords Chamber

[Baroness Warsi (Con)]

My Lords, perhaps I may start by seeking the leave of the Committee to speak. I did not speak at Second Reading because I was suffering from a kidney infection and therefore was not able to be in the Chamber for the whole day. I have given notice to my noble friend the Minister and he is content for me to speak in Committee. I hope that noble Lords will allow me the same leave.

I rise to support both Amendments 2 and 55 and the comments of the noble Lords, Lord Pannick and Lord Hannay. I do not intend to make a Second Reading speech at this stage. The issues in relation to the concerns about this legislation are well known. I accept that we are in incredibly difficult times at the moment, and the more so in the light of what has happened over the past few weeks. We have seen the situation change again in relation to ISIL this morning. These are indeed difficult and troubled times, and I therefore understand the need for the Government to respond in order to protect our citizens.

However, I would dispute the comments made earlier that we need to send out a strong message to terrorists that we are serious about this. The message to send out to terrorists is that we hold our civil and individual liberties incredibly strongly, we value them hugely and we will not put forward legislation that permanently takes away the very liberties that terrorists would like to take from us. Putting a sunset clause into the Bill sends out a clear message that these are difficult times and we are responding to them, but that we are not going to change the way we do things in the United Kingdom permanently by giving away those liberties which terrorists would like us to give away. I therefore support the need for a sunset clause.

Amendment 55 gives comfort to those of us who are concerned about how this legislation will play out. We can all accept that there will be many individual cases where these powers will be used in subsequent years but it will turn out to be the case that they have been used incorrectly. The fact is that we as a Parliament should be able to say that at a certain time, whatever colour of Government we have at that point, we will reconsider these matters in light of how the powers have been applied and in the light of how we find the world at that time. An indication that this is not a permanent change would give some comfort to those of us who are concerned about these powers.

[Lord Macdonald of River Glaven (LD)]

My Lords, I agree that we should not give away our freedoms in response to terrorism. However, I am satisfied that, properly crafted, this legislation need not do so. It would be a good idea if part of that crafting were to include a sunset clause, primarily for the reasons set out by the noble Lord, Lord Pannick. It is the practicalities of this measure—how it will work in practice—that are most in doubt. Those practicalities will significantly impact on the rights of people on whom the orders are imposed. So a sunset clause is a good idea. It is also a good idea for the reason set out by my noble friend a moment ago.

Two years is too short. The threat will be with us for much longer than two years, so that will be too short a time to assess the workings of this legislation. However, I support the idea of a sunset clause so that the House can thoroughly review how the legislation is working in practice.