Draft Terrorism Act 2000 (Alterations to the Search Powers Code England and Wales and Scotland) Order 2022

Holly Lynch Excerpts

Wednesday 19th October 2022 General Committees

[Holly Lynch (Halifax) (Lab)]

As always, Ms Elliott, it is a pleasure to serve with you in the Chair. I thank the Minister for setting out the merits of the proposals.

In June, we met to discuss the proposed changes brought about by the Police, Crime, Sentencing and Courts Act 2022, which allow for those released on licence for terror or terrorism-related offences to be stopped and searched in order to protect public safety. I made it clear that we felt the measures—which were recommendations made by the independent reviewer of terrorism legislation, Jonathan Hall KC, following his review of the multi-agency public protection arrangements—were both proportionate and necessary.

That legislation committed the Minister to returning to Parliament with a refined code of practice containing guidance about the exercise of that new power, and I am glad that the Minister has been able to set that out today. The explanatory memorandum—the Minister knows that I am a big fan of them—outlines that the code has been amended to reflect other changes that have come into effect since it was last amended in 2012.

Those changes include the creation of police and crime commissioners, the establishment of the College of Policing and the latest version of Contest, as the Minister explained. I also welcome the emphasis on the need to ensure that appropriate safeguarding checks are in place to protect those under 18. By ensuring that the code offers sufficient guidance for law enforcement, we know that both children and law enforcement officials are better protected when undertaking that incredibly important work.

On that basis, we support the proposed changes. However, as the Minister knows from our exchanges on the National Security Bill, I find the work of the independent reviewer of terrorism legislation invaluable. With any extension of powers there can be unintended consequences, but equally missed opportunities, so I will follow closely Jonathan Hall’s assessment of the efficacy of these powers once they come into effect. We are satisfied that the changes are both proportionate to the security challenges we face and necessary if we are to reduce the risk of future attacks. We support the measures in the national interest.