Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2009

My Lords, in February last year the General Synod of the Church of England requested, ""an early review by the Government of the restrictions and other obligations that may be imposed on individuals under the Prevention of Terrorism Act 2005 and the use of undisclosed material in control order proceedings"." That was passed nearly unanimously; for the General Synod to do anything nearly unanimously is a bit of a miracle in itself. The impact of the restrictions imposed on individuals through control orders, as the noble Baroness has just illustrated, can be cumulatively highly repressive, leading to mental health problems not just for the person being controlled but for their wider family. This is deeply serious for someone who is legally innocent. When do cumulative restrictions on liberty become the deprivation of liberty? Where do we set the boundary? This is a crucial question for what we still describe as a free society, of which control orders are meant to be protective. In some cases, the cumulative impact of restrictions gets very close to house arrest. That is what greatly concerns these Benches. This order is an unsatisfactory expedient for many reasons. When you can neither deport nor charge someone about whom strong security suspicions exist, it is hard to see an immediate alternative. However, Governments can get used too easily to the exercise of such powers. That is why it is important to voice concerns about the conditions and restrictions that may be applied. Issues of natural justice arise when the reasons why someone is subject to a control order are withheld from them while the special advocate presenting their case is aware of them. We need to recognise the ways in which this system can offend natural justice and be vigilant about finding a better way. At least being subject to annual debate and renewal indicates the seriousness of the exceptional provision. The breadth of the powers given to the Secretary of State under this order present a considerable temptation and we pray daily in this House that we shall not be led into temptation. A separate, urgent and considered review of the restrictions that may be imposed might be one way of resisting the temptations that go with this order.