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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 support the amendment, at least in a probing capacity. It bears upon concern that we have already ventilated today that legislation should not be oppressive in its application. Fishing expeditions into other people’s documents have always been regarded by the law as potentially oppressive. To be legitimate, there must at least be reasonable grounds for believing that they are necessary in the interests of justice. Those grounds should be disclosable. There is a good example of the formulation that the amendment argues for, which adds to the requirements of the record of removal, in Clause 24(2), which deals with a report of an operational need for further extension of a maximum period of detention. The report has to be made by the Director of Public Prosecutions or others and must state that, "““each of the persons making the report is satisfied that there are reasonable grounds for believing that the detention of one or more persons beyond 28 days will be necessary for one or more of the purposes mentioned in subsection (3) below, and … give details of the grounds for that belief””." I support the formulation in that context. The same reasoning justifies the insertion of the text which is the subject of the present amendment. I hope that that may commend itself to the Minister.


Secondary information

Type
Proceeding contribution
Reference
704 c355 
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