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Schedule 5 to the Anti-terrorism, Crime and Security Act 2001 (Modification) Order 2007

rose to move, That the draft order laid before the House on 24 January be approved. The noble Lord said: My Lords, the draft orders were laid before the House on 24 January. The purpose of the draft Schedule 5 to the Anti-terrorism, Crime and Security Act 2001 (Modification) Order 2007 is to extend the list of controlled pathogens and toxins in Schedule 5 of the Anti-terrorism, Crime and Security Act. When the Act was originally drawn up, the classical list of agents from state biological warfare programmes was used as the basis of Schedule 5 and primarily addressed the State proliferation of chemical and biological weapons. It was a familiar and logical starting point for this United Kingdom counter-terrorism legislation and was used in the absence of any other considered criteria. Since then, there has been considerable debate within government and the United Kingdom scientific community about the pathogens caught within the scope of the legislation. Following these discussions, it has been concluded that terrorist scenarios could involve more pathogens than those currently listed in Schedule 5, so the list has been revisited by a cross-government group with the aim of placing it more squarely within the current United Kingdom context. The Science and Technology Committee endorsed the view that the Act should be updated to be fully reflective of all materials of concern from a counter-terrorist perspective. That view was also echoed by the committee of Privy Counsellors, which reported on the Anti-terrorism, Crime and Security Act in December 2003. We added pathogens and toxins to the list only when we were satisfied that the pathogen or toxin could be used in an act of terrorism to endanger life or cause serious harm to human health. The approach that generated the revised list is robust and will withstand wider challenge—the process is proven and auditable. Experience with lists of pathogens produced for other purposes, such as health and safety at work, is that there is always debate about the precise position of individual agents on such lists and that they need to be reviewed from time to time as more information becomes available. There have already been a number of attacks using pathogens and toxins. For example, several envelopes containing anthrax powder were sent to addresses in the United States in autumn 2001. Some 22 people were affected and five, sadly, died. In 2004, ricin powder was discovered in the office of the US Senate majority leader. The threat posed by the possible terrorist use of pathogens and toxins therefore remains real and active. However, I am aware that in this area, as in so many other areas associated with terrorism, there is a need to balance the protection of the public against placing undue burdens on industry. We certainly do not want to force unnecessary security requirements on industry. I do not think that this is the case here or that the way in which the provisions have operated to date have caused any problems, which is largely due to the sensible way in which they have been applied by the police. As my right honourable friend the Minister of State with responsibility for crime reduction, policing, community safety and counter-terrorism at the Home Office said in another place, we have listened to concerns that have been raised about the orders and how they should apply in relation to genetically modified organisms. As a result of these representations, we have decided that it would be useful to have guidance drawn up in conjunction with the police on how the orders should apply in that area. We will also ensure key representatives from the commercial sector are involved in drafting the guidance and that arrangements are put in place for monitoring the implementation of the orders. The second order is the Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007, which extends the legislation to cover animal pathogens. Under Section 75 of the Anti-terrorism, Crime and Security Act, the Secretary of State may, by order, extend the legislation to cover animal pathogens, plant pathogens, toxic chemicals and pests. The powers may be extended where the Secretary of State is satisfied that the chemicals concerned could be used in an act of terrorism to endanger life or cause serious harm to human health, or the pathogens or pests could be used in an act of terrorism to cause widespread damage to property, significant disruption or alarm. Following concerns being raised about the possible use of animal pathogens as terrorist agents, a group made up of representatives from the police, government and security service confirmed that the World Organisation for Animal Health list A of animal pathogens provided a means of identifying which were of concern. My right honourable friend the Secretary of State for the Environment, Food and Rural Affairs subsequently proposed additional animal pathogens considered to be potential bio-terrorist agents, which form the list of animal pathogens we are discussing today. Plant pathogens were not considered as suitable controls were already in place. It is imperative to ensure that terrorists do not have access to dangerous substances. The benefit of increasing the scope of substances subject to control is difficult to quantify as it is impossible to assess to what extent greater national safety is secured and potential dangers avoided by such preventive measures. However, denying terrorists access to such substances is an important part of the preventive measures taken by government. If the draft Schedule 5 to the Anti-terrorism, Crime and Security Act 2001 (Modification) Order 2007 is approved, it will come into force 14 days after it has been made. If the Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 is approved, it will come into force two months after it has been made. I therefore commend the orders to the House. I beg to move. Moved, That the draft order laid before the House on 24 January be approved. 7th Report from the Statutory Instruments Committee.—(Lord Bassam of Brighton.)