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Terrorism Bill

Before the noble Baroness sits down, I am certainly aware that before the Bill came before this House—indeed, perhaps before it was put before another place—these provisions, so far as they affect Scotland, were placed before the Lord Advocate for his comments. I am well aware that at that stage he intimated a view that has been repeated to your Lordships this afternoon. I would like to know whether the Lord Advocate has been asked for his views about the present amendment and the reasons for it. I suspect not, but I am happy to be corrected. If that were to be the case, I would have to reconsider my position again. My understanding of the practice that has been pursued to date in regard to these applications is that, notwithstanding the terms of the Bill and as the 2000 Act stood at the time, only the police could make those applications. With the terms of the amendment not being in place at that time, a new situation arises which, I suggest, requires the whole matter to be reinvestigated as to the propriety of a police officer making an application of the kind that is suggested to the sheriff, rather than the procurator fiscal, who, as I have already pointed out in relation to other powers that appear in the Bill, is given that capacity in place of the police. I instance the terms of paragraphs 1 and 2 of Schedule 6 to that very point. If it were to be the case in England, Wales and Scotland that the police should always make the application, one would not fail to understand the purpose of that schedule. In the light of that, perhaps the noble Baroness is in a position to assist me further.