Counter-Terrorism Bill (Programme) (No. 2)

I begin by reminding hon. Members that some further documents should be read alongside this group of amendments and new clauses. I made it clear in Committee that, were I in a position to do so, I would produce draft PACE—Police and Criminal Evidence Act 1984—codes for post-charge questioning. We have done so and I am assured that they are available in the Library, if not the Vote Office. For the sake of completeness, I agreed that with regard to clause 1 on the ““Power to remove documents for examination””, I would introduce draft amendments to code B of PACE. We have done that, and they are also available. Finally, there were draft rules of court relating to the asset-freezing provisions. I said that I would introduce draft rules of court relating to asset-freezing, and they are also available. That is important, not least because, although there has been widespread support for the introduction of post-charge questioning for the offence charged in terrorism cases, people have rightly been concerned that safeguards should be put in place to protect the rights of those subject to questioning. I said in Committee that I had previously considered it better to leave the safeguards to the PACE codes, which is the normal practice in such circumstances. However, on reflection, I have decided that some safeguards should be included in the Bill, as hon. Members can see from our amendments. Government new clauses 18 and 19 introduce a compulsory requirement for post-charge questioning to be video recorded. We believe that video recording of all interviews will guard against accusations that the questioning of the suspect was oppressive, although there are some areas, for example in Scotland, where facilities for video recording with sound are not yet available. I know that this is clumsy, but there is therefore a power for the Secretary of State to disapply the compulsory requirement in Scotland by means of an affirmative order.