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Proceeding contribution from Baroness Hanham (Conservative) in the House of Lords on Thursday, 9 October 2008. It occurred during Committee of the Whole House (HL) and Debate on bill on Counter-Terrorism Bill.


Counter-Terrorism Bill

moved Amendment No. 2: 2: Clause 1, page 2, line 8, after ““constable”” insert ““of at least the rank of inspector”” The noble Baroness said: The power to search premises and seize property is draconian and severe and can be used only when there are more than reasonable grounds for suspicion. As the Minister said, it may not be very clear as to whether the documentation is relevant to what the police are looking for or whether it is completely irrelevant. The definition of the word ““constable”” in any dictionary is the lowest rank in the police service. Would it not be more appropriate, as is made clearer later in the Bill, if the person who can make a decision to take those documents was not of the lowest rank but only someone with authority? We all know about warrants, entering premises and taking property out. In passing, I assume that in this situation a warrant would have to be sought, or perhaps that is not the case and under this legislation the police can just enter property without a warrant. Whichever way we look at this issue, it concerns a major event. If someone is suspected of terrorism, the police can go into a property and a decision can be taken to remove documents or equipment. Our view is that that decision should not be taken at a level where someone might not quite understand what they are doing; the decision should at least be backed up by someone of a more senior rank. I beg to move.


Secondary information

Type
Proceeding contribution
Reference
704 c340 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
Disclosure of information Databases Codes of practice Crime prevention Administration of justice Arrests Assets Banks Fingerprints Evidence Intelligence services ICT Genetics Documents GCHQ National security Northern Ireland Police Powers Terrorism Training Right of search Torture Anti-terrorism control orders Freezing of assets
Legislation
Counter-terrorism Bill 2007-08
Police and Criminal Evidence Act 1984
Link
View this Proceeding contribution on www.publications.parliament.uk