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Counter-Terrorism Bill

I shall try to be brief because many of my concerns closely mirror those of the hon. Member for Ashford (Damian Green). We are passing significant legislation, which includes new criminal offences, in the most extraordinary way that I can remember in this place—not that my experience here goes back very far. However, when we dealt with financial legislation in the European Parliament, I was pleased to have Treasury support for European Parliament amendments that introduced sunset clauses precisely because we were concerned about the implications of different financial regulations and we wanted to build a firm framework in which they would be reviewed. A four-year sunset clause is built into most European financial regulations for that reason. I am sympathetic to the British Bankers Association's view that a sunset clause is appropriate. Given that significant powers have been introduced in amendments in the Lords at a late stage, which have not been scrutinised in Committee here or even undergone careful scrutiny in another place, we are taking on trust from the Treasury basic aspects of legislation and the need for significant Executive powers. Liberal Democrat Members are reluctant to entertain that. We had taken the view, as we did in the Lords, that we would be as supportive as we could, but I reinforce the request of the hon. Member for Ashford for Treasury reassurance. The amendments do not even provide for an impact assessment, which is meant to be a clear requirement for new regulations according to Government policy, as is the case with European legislation. There is no sunset clause. It would be useful to have an assurance from the Economic Secretary on the record that a formal review will be conducted, perhaps with a report placed in the Library, so that we can ascertain the practical application of the new provisions. I find it worrying, too, that the people who are expected to apply the new regulations—in other words, the financial sector—have not had the benefit of clear guidance, even on something as fundamental as the right of appeal. That is not the sort of procedure that one would normally expect in legislation that has the effect of introducing new criminal offences. I had the occasion to scrutinise a Finance Bill on its progress through the House a couple of years ago, and I know that the Treasury plays fairly fast and loose on amendments to the Finance Bill. However, we are not talking about tax; we are talking about possibly depriving people of their liberty. The Treasury needs to be cautious about applying the light approach that we have seen it take towards tax legislation to something that serious. Although we shall support the proposal, albeit with a heavy heart, as we did in the Lords, I very much hope that the Minister can provide us with reassurances on the impact and on review and repeal, if not through a formal sunset clause—if the Treasury accepts the principle of sunset clauses on EU financial legislation, it should surely be prepared to accept one in this case. I hope, too, that he can give a firm commitment to provide guidance as quickly as possible on such key matters as scope and the right of appeal to those institutions that will be affected.