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Terrorism Bill

I have considerable sympathy with the observations made by the noble Baroness, Lady Kennedy of The Shaws, about the way the current system operates. I suspect that the areas are rather wider than necessary, and that stop and search is sometimes used for purposes other than those set out in the legislation. Having said that, I am unable to support the noble Baroness’s amendment. I say that with genuine reluctance because I often find myself supporting proposals that she has made. The way the noble Baroness has worded her amendment would leave it open to an individual—relatively frequently, if that individual was so inclined—to seek to judicially review the decision of the authorities when it came to seeking an authorisation. In my view, the nature of the terrorist threat that we face at the moment is such that the ability to judicially review the police in this area could lead them to hesitate in circumstances where their instincts tell them that something needed to be done. In the current circumstances that would be an undesirable consequence. It might lead to a situation in which the ““nose””, if I can put it that way, of an experienced policeman told him that a problem might arise; but, because of the way in which the noble Baroness has drafted the amendment, he would be constrained from following his instincts and disastrous consequences might ensue. So, although I have great sympathy with the noble Baroness’s reasons for promoting the amendment, it would be, on balance, wrong for the Committee to accept it.