Counter-Terrorism and Security Bill — House of Lords, 2015-01-26
Topic: Mixed Topics
Richard Rosser (Labour, Centre-left): My Lords, Clause 18 enables the Secretary of State to make schemes requiring a carrier to seek authority from the Secretary of State to carry persons on aircraft, ships or trains that are arriving or expected to arrive in the United Kingdom or leaving or expected to leave the UK. The purpose of the amendment is to provide for an authority-to-carry scheme made by the Secretary of State to be set out in regulations, subject to annulment in pursuance of a resolution of either House of Parliament The Delegated Powers and Regulatory Reform Committee considered that Clause 18 constituted, "a significant delegation of powers to the Secretary of State, since authority-to-carry schemes will have the effect of regulating the persons who may lawfully be transported by a carrier to and from the UK" The Home Office has stated that authority-to-carry schemes are not subject to parliamentary scrutiny because, "there will be provision on the face of the Bill providing guidance as to the circumstances in which a class of passenger may be specified for the purpose of the scheme" No doubt the Minister will indicate in his response where this guidance appears on the face of the Bill and whether the Government feel that this represents sufficient guidance on how and in what circumstances the powers should be used. The Delegated Powers and Regulatory Reform Committee said that, unless the Home Office provided more compelling evidence on why the power to make schemes should not be scrutinised by Parliament, the Bill should be amended so that the powers are exercisable by statutory instrument This amendment gives the Government the opportunity to say rather more about the need for these powers and why they consider that they should not be scrutinised by Parliament. There are already similar statutory provisions in existence that apply only inbound to the United Kingdom, as I understand it. Will the Minister provide some information on how these existing powers have been used, how frequently they have been deployed, in respect of how many people, what nationalities and classes or categories have been affected and from which locations they have been travelling to the United Kingdom? Will the Minister also set out the extent to which the provisions in Clause 18 are an extension of the existing arrangements—in other words, exactly what are the additions in Clause 18 to what we have already? I am sure that the Government will be more than aware of concerns that have been expressed that the provisions in the Bill could be used to exclude passengers or crew of particular nationalities or particular classes or categories, and that if these powers are not used in a sensible and proportionate manner they could enhance the likelihood of radicalisation, particularly among nationalities or classes or categories affected, who might come to the conclusion that they were being picked on and singled out, with a resultant potential increase in feelings of alienation and a potential decrease in the desire to provide crucial co-operation It would be helpful if the Minister could respond to that point and the others that I have made. This probing amendment gives the Government the opportunity to place on record how and when, and in respect of whom, they intend the powers in Clause 18 to be used and why they consider them necessary, as well as the opportunity to respond to the point on parliamentary scrutiny made by the Delegated Powers and Regulatory Reform Committee. I beg to move.