Terrorism Bill

Personally, I have not had any such discussions, but extensive discussions are under way with internet service providers and the communications industry both in the European Union and internationally to try to ensure that we tackle those problems in relation to terrorism and child pornography. Hon. Members will acknowledge that we have made significant progress in dealing with child pornography in this area. Those discussions are under way, but the hon. Gentleman is right—we face international problems, and the imperative is to maximise international co-operation on these issues. Locating that material and ensuring that it is removed is sometimes a difficult job, as the hon. Gentleman pointed out. It was therefore proposed and accepted by the House that a police constable could issue a notice to the person responsible for disseminating or publishing content considered capable of prosecution. The amendments made in the other place drastically change the effect of clause 3, and stipulate on the grounds of protection of freedom of speech that a judicial authority, rather than a police officer, should be capable of issuing such a notice. Moreover, they stipulate that the judicial authority should be a circuit judge, a judge of the High Court in England and Wales or an equivalent judge in Scotland and Northern Ireland. The argument advanced in the other place for such a change is that it would not be in the interest of a service provider or webmaster to ignore a notice, and that a police constable was not an appropriate authority to issue such a notice, given the effect on freedom of speech. I understand some of the concerns expressed in the other place, but I hope to reassure the House that they are unfounded. First, we are working to produce guidance on the issue of notices under clause 3 with a working group comprising members of the police, the Crown Prosecution Service and other interested parties. It is certain that a clearly stated protocol will be introduced under which notices will be issued. It is therefore not possible for a notice to be issued without serious consideration. Concern was expressed in the other place that a police officer could decide on a whim that material on the web contravened the provision and could issue a notice. However, I can reassure the House that that will not happen.