Port Examination Codes of Practice and National Security Determinations Guidance Regulations 2020 Debate

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Department: Home Office

Port Examination Codes of Practice and National Security Determinations Guidance Regulations 2020

Lord Chidgey Excerpts
Friday 10th July 2020

(3 years, 10 months ago)

Lords Chamber
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Lord Chidgey Portrait Lord Chidgey (LD) [V]
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My Lords, terrorism is a cross-border problem requiring international co-operation between law enforcement agencies. Freedom and security can go hand in hand, but the first duty of government is the security of the people. That means providing both the human resources for policing and the associated physical resources needed, everywhere they are needed—whichever port or airport it might be.

The noble Lord, Lord Blunkett, made the point that he welcomed the introduction of NSD guidelines and the retention of biometric data being re-examined, but there are concerns over the increased length of national security determinations under the SI from two to five years. We need reassurances that this data will be stored correctly and securely, and used only for the purposes intended. I am hoping the Minister might be able to give some guidance on the assurances that are proposed.

There is evidence of potential abuse of power. Statistics from surveys in 2014 on Operation Insight found that 88% of a sample of those stopped under Schedule 7 were Muslim. Of the 419,000 people stopped under Schedule 7 since 2009, just 30 have been convicted. Despite stopping over 11,000 people in the year to March 2019, only three convictions were secured; that is a conviction rate 0.007%. This is hardly encouraging, particularly as convictions can be secured for, for example, failure to disclose passwords, even on the basis of client confidentiality, or refusal to answer questions. This is a bit rich coming from a Government who systematically use the excuse of commercial confidentiality not to reveal data and have raised the avoidance of answering both Oral and Written Questions from Members to an art form. Finally, this raises serious questions about the utility as well as the purpose of Schedule 7 in revealing actions associated with the planning of acts of terrorism.