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Proceeding contribution from Lord Mayhew of Twysden (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

I have a great deal of sympathy with my noble friend’s opening remarks. It takes quite a bit of time to unravel quite what this provision seeks to achieve. Are we not in danger of creating some potentially rather oppressive legislation? Clause 1(2) states that a constable can take a document away, "““for the purpose of ascertaining””," whether he can take it away. When he finds that he could have taken it away, his powers of seizure kick in and he does not have to return it. That is my understanding of the legislation. Why is it necessary to have subsection (4)? What is sought to be achieved? What safeguards would normally apply which are sought to be avoided in this legislation? We have to be very careful not only that the legislation is clear but that it does not, no doubt unwittingly, lead to possibilities of oppression.


Secondary information

Type
Proceeding contribution
Reference
704 c346 
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