Counter-Terrorism Bill

My Lords, we support this important amendment. The noble and learned Lord said that the gap may be small, but it is important. There is a lacuna in the current system of real-time monitoring. The noble and learned Lord mentioned that the noble Lord, Lord Carlile of Berriew, reports annually on the operation of relevant counterterrorism legislation, which is obviously an ex post facto activity. The importance of the amendment is that it would enable monitoring in real time. Real-time monitoring would result in the capacity for input into the way in which hearings are conducted and decisions to extend pre-charge detention are made. There is currently no oversight of the practical operation of the relevant codes of practice, and the same is true of independent custody visitors. Given the significant concern about the nature of closed hearings which decide whether to extend pre-charge detention—and it should be remembered that in a closed hearing, there is no capacity for external consideration—an independent assessment and an assurance from an individual who would be entitled to have, and would have, intimate familiarity with the developing case would be particularly valuable. The amendment has the advantage, as the noble and learned Lord, Lord Lloyd, said, of being based on practical experience of an extremely relevant kind in Northern Ireland. This is not an untried idea. Given that the extension of pre-charge detention from 14 to 28 days is already an exceptional power, it is important to put in place appropriate monitoring, because we are already facing an important departure from normal practice. My final point is that the amendment would reassure the public, particularly minority groups, that suspects are not being held unnecessarily—the noble and learned Lord started with that point—and that the charge would come at the right moment. That would mean that the power would not be suspected of being used in an oppressive manner.