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Counter-Terrorism Bill

moved Amendment No. 1: 1: Clause 1, page 1, line 8, leave out paragraph (b) The noble Baroness said: This is a probing amendment to try to ascertain the extent to which new powers to remove documents are necessary following arrest. Most of the searches covered by Clause 1 already allow for documents to be seized. I give as examples Section 43(4) of the Terrorism Act 2000 and paragraph 1(1)(c) of Schedule 5 to the same Act. Are there shortcomings in that Act that these new powers are designed to address? I understand that it could take time to ascertain whether a large bundle of papers or a computer drive might need to be examined away from the scene of an investigation. I do not take issue with the principle, but I would like to be satisfied about the extent of the powers and whether they are really necessary. I would be grateful if the Minister could give an example of when the powers might be used. We see this power principally being exercised against those who are being searched but who have not been arrested, because it would allow an opportunity to remove material from a person or premises to ascertain whether the contents reveal grounds for arrest. We are uncertain why the extended powers are necessary post-arrest. Anyone arrested under Section 43(1) of the Terrorism Act 2000 can have property seized. Similarly, if there was a need to search premises after a person had been arrested, we presume that there would be an application to a justice of the peace for a premises search under paragraph 1 of Schedule 5 to the Terrorism Act to obtain evidence. The current period of pre-charge detention permitted for terrorism offences is, of course, 28 days, which the Bill seeks to increase to 42 days. This would allow plenty of time to sift potential evidence. Therefore, we are unsure why this power needs to be applied post-arrest. I beg to move.