Police and Justice Bill

moved Amendment No. 61: Page 7, line 7, at end insert- ““( ) In section 32 (police powers to gather information relating to flights and voyages to or from the United Kingdom) after subsection (1) insert- ““(1A) A circuit judge may on the application of a constable of the rank of inspector or above issue a warrant in relation to specified passenger or service information under this section if he is satisfied that there are reasonable grounds for suspecting that there are likely to be circumstances in which it can be required under subsection (2).”” ( ) In subsection (2) for the words ““imposed by a constable of the rank of superintendent or above”” substitute ““of a warrant””. ( ) In subsection (4) for the words ““only if he thinks it necessary”” substitute ““and a warrant may be issued under subsection (3) only if both are satisfied that is necessary””.”” The noble Lord said: My Lords, Amendment No. 61 is grouped with Amendment No. 62, which was tabled in Committee but not debated. These amendments address the extension of powers granted in the Immigration and Asylum Act 1999 to reveal passenger lists to the law agencies. Those powers will be extended under the Bill to domestic flights—that is, to flights starting from and ending in this country. Our concern, and the reason for the amendment, is the increase in surveillance. We want to support the Government in disrupting terrorism and preventing crime, but, as ever, doing that leads to tensions over people’s civil liberties and their right to a private life. How effective will the measures be? There will not be equal surveillance on the roads or the railways. A terrorist who is creating a pattern for police officers to observe might well choose different forms of transport, so we are not sure that such powers are an effective tool for disruption. However, they could be, so we should consider them seriously. We need to consider appropriate safeguards to protect the individual’s right to privacy. There is also the question of whether a circuit judge is at the appropriate level for this measure. In some ways, a magistrate might be more appropriate because the Government propose that a superintendent makes the request for information and a magistrate is at an equivalent level. There is a belief on these Benches that some judicial oversight is needed because there is a principle in common law that a decision that has been made by law should be able to be reviewed later. We understand from the Home Office that the purpose of these measures is to spot developing patterns and to track such things so that crimes can be prevented and terrorism disrupted. At the heart of this amendment is the right to privacy, and that is its purpose. I beg to move.