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Counter-Terrorism Bill

The power to remove documents can be used only during a search that has been carried out under terrorism-related search powers listed in Clause 1(1). All these searches allow for documents to be seized during a search, but thresholds are applied for such seizure. The type of searches mentioned in Clause 1(1)(b) are those carried out under Section 43(2) of the Terrorism Act 2000, which allows for the search of a suspected terrorist on arrest. This search allows for seizure of the items on reasonable suspicion. It is important that the power to remove documents is attached to this power, because the threshold for seizure may not be met in relation to a document whose nature is entirely obscure—for example, when something is written in Arabic and none of the police can speak that language. The potential outcome of that could be that the police do not get to examine and seize a document that may be important evidence, which is why the power of removal should attach to a search under Section 43(2) of the Terrorism Act. That is why I ask for the amendment to be withdrawn. I hope that that answers the questions of the noble Baronesses.