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Terrorism Act 2000 (Remedial) Order 2011

My Lords, the noble Lord, Lord Henley, will be glad to know that, unlike in previous debates, he is receiving unanimous support from noble Lords tonight for the remedial order, which I believe to be an entirely reasonable and proportionate response. I echo the comment of the noble Baroness, Lady Hamwee, about the timing. Clearly, it is within the due time. I agreed, through the usual channels, that we would have this debate after the Second Reading. On reflection, it is not sensible to have such a debate at this time. Many noble Lords who have spoken on Second Reading would have liked to have taken part in these deliberations as well. We might learn from that for the future—perhaps when we potentially come to annual debates on the previous legislation; we shall see. I refer the noble Lord back to the point raised by the noble Baroness, Lady Hamwee, about the two reports of the Joint Committee. He will know that in the first report, the Select Committee asked the Government to provide Parliament with more detailed evidence of the set of circumstances in which the police have experienced the existence of an operational gap in the absence of a power to stop and search. I thought that that was a reasonable request by the Select Committee. The committee’s second report expresses muted disappointment that the Home Secretary had not accepted any of its recommendations. However, the committee goes on to say that, none the less, it thinks that the Government should find a way to tell Parliament more about the undisclosable reasons for their belief that there is a significant operational gap in the police's counterterrorism powers. I am not being naive here. I well understand the issue for the Government: there are circumstances where it is difficult to give that information. I hope that, none the less, the noble Lord will see whether it might be possible to provide some information as a follow-up to the debate. The Select Committee has put its finger on an important point. However, I do not intend to repeat the comments made by other noble Lords in the debate. I very much support them. We support the remedial order and look forward to the noble Lord's response.