Counter-Terrorism Bill

As I understand it, it does allow that. The Defence (Armed Forces) Regulations 1939 used to allow it, and the Emergency Laws (Re-enactments and Repeals) Act 1964 contained the same abilities. Those were then subsumed by this Act to allow freezing action of this kind. The ATCSA was not intended to be a purely counter-terrorism Act. At the time, the noble Lord, Lord McIntosh, explained in this place that the power was intended to provide wide-ranging protections against threats to the national security. The noble Baroness has expressed a slightly different view. The legislation also addresses things such as pathogens, toxins and nuclear security. It addresses a raft of other issues. It is slightly unfortunate that the title of the Act begins with ““anti-terrorism””, as the reaction of the Icelandic Government has demonstrated. In its previous incarnation, the power has been used twice before: in 1990, when Iraq invaded Kuwait, in order to protect Kuwaiti assets in the UK and prevent the Iraqis misapplying funds; and as a defensive measure to freeze the assets of Iraq. As has been pointed out, the power was used this month over the assets of Landsbanki. As noble Lords will know, any use of the ATCSA has to be debated and approved by both Houses. Without that approval, the freezing order will cease automatically after 28 days. The debate regarding this asset freeze is scheduled to take place later this month and will provide an opportunity for Members to raise concerns regarding use of the power. The noble Lord, Lord Goodhart, raised some interesting points and that debate will be a good opportunity to debate them. The amendment would limit the ability of the UK Government to act effectively in an emergency and protect the interests of our country. As the noble Lord, Lord Kingsland, said, it was absolutely right that we did so in this case. We need an ability to do this. That is the current position, and it will be an interesting debate. The Act was not intended to be confined to terrorist threats. Given that the amendment would have consequences outside the scope of the Bill, we do not consider it appropriate and would like it to be withdrawn. The noble Lord, Lord Elystan-Morgan, mentioned the golden rule. I am not sure how to address the point, as it is a little beyond my competence, but I could look at it. If the golden rule is that we need an ability to do this, and the ability lies somewhere in some Act, and if this is not the best way to do it, then we need to think about that. However, we certainly need the ability because we need to take this kind of action.