---

Terrorism Act 2000 (Code of Practice for Examining Officers) (Revision) Order 2009

This is a revised code of practice that deals with the powers of examining officers currently in use at air and sea ports in the United Kingdom, along with international rail services. The draft before the Committee relates to the Terrorism Act 2000 (Code of Practice for Examining Officers) (Revision) Order 2009, which is designed to bring into operation the revised code of practice for examining officers that was laid before the House on 26 February and which would replace the original code that was brought into operation on 19 February 2001. The powers will continue to operate under the original code should we fail to agree the revised code. The code of practice covers powers contained in Schedules 7 and 8 to the Act, which allow examining officers at the locations that I mentioned to stop, question and detain persons. This examination is for ascertaining whether the person is or has been concerned in the commission, preparation or instigation of acts of terrorism. Schedule 14(5) to the Act requires officers to perform functions conferred on them in accordance with any relevant code of practice. There is also a requirement under the Act for the Secretary of State to issue the relevant code of practice. An "examining officer" is defined as a constable, immigration officer or customs officer. However, it remains the intention that immigration or customs officers will use these powers only under very specific and exceptional circumstances in support of the police service, as detailed in the revised code of practice. Given the importance of the legislation that this code supports and the changing terrorist threats that we have to face, we must ensure that the advice that we give to officers performing this difficult function remains comprehensive and pertinent. Therefore, the code of practice aims to provide clear guidance to ensure that the powers are used proportionately and without discrimination, thus meeting the high standards that we expect of the police service. We recently refreshed CONTEST, the cross-government counterterrorism strategy, which highlights the international nature of the threat that we must tackle. The powers covered by this code of practice are essential to ensuring that those who seek to harm the interests of the UK are unable to travel through our borders unhindered. The information gathered supports us in bringing to justice individuals involved in terrorist activity and allows the public to go about their lives freely and with confidence. As part of his annual review into the operation of the Terrorism Act 2000, the noble Lord, Lord Carlile, reports on the operation of Schedule 7. Given his great knowledge of this topic, the noble Lord provided significant advice regarding the revision of this code, and his assistance is greatly appreciated. The Act requires a period of formal consultation as part of the process of issuing a code of practice, which we undertook during 2007 and 2008. In addition to seeking the opinions of the public in general, we specifically invited a range of community groups that may be affected by these powers to comment. I am grateful to those organisations and individuals who responded to the consultation. A number of concerns were raised during the consultation and, in addition to technical issues, a key matter of interest for the community groups was the subjectivity of selection of individuals for examination under these powers. To address these concerns, the revised code provides guidance on the factors to be used when selecting individuals for examination so that it is clear that it is unacceptable to target any specific community. The police service, supported by the Home Office, will continue to monitor and address the concerns of communities to ensure that we continue to strive to minimise the inconvenience to those not involved in terrorism while maintaining a strong defence against those who seek to harm our society. I commend the revised code to the Committee. I beg to move.