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Proceeding contribution from Lord West of Spithead (Labour) 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

My noble friend Lord Dubs has shown me the error of my ways in getting people fully briefed before these events. They then know what I am going to say, which is an issue. The amendment is unnecessary, as nothing in Clause 19 authorises, purports to authorise or can reasonably be taken to authorise a breach of the Human Rights Act 1998 or a breach of the UN convention against torture. Proposed new paragraph (iii) refers to ““relevant international obligation””, which could have such a wide application that without further qualification no one could be sure what is included and what is excluded. As I have said before, passing laws that have no effect is generally held to be bad law. This in no way decries or diminishes the importance of the Human Rights Act or the convention against torture, which we feel are extremely important. However, if we were to follow the logic proposed here, we could add a long list of criminal offences that Clause 19 did not authorise. The Government, when drafting Clause 20, thought it was helpful clarification to say that nothing in Clause 19 affects the working of the Data Protection Act or the Regulation of Investigatory Powers Act. It could be said that these, too, were unnecessary, as my noble friend said. They were included because they were cited in parallel provisions that relate to SOCA in the Serious Organised Crime and Police Act. One reason behind Clauses 19 to 21 is to place the intelligence services on to a similar statutory footing to that of SOCA in the disclosure of information. That is why we did it. I hope that, with that explanation, my noble friend will feel that the amendment is unnecessary.


Secondary information

Type
Proceeding contribution
Reference
704 c409-10 
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