I am not sure that I should be led down that path, Mr. Deputy Speaker, as it would be a chilly one and might lead me to receive complaints from you. I shall continue, rather, with the point that the system we are talking about today depends on a degree of omniscience on the part of Ministers that, having been a Minister myself for 16 years, I do not believe should ever be accorded to them.
Secondly, the system does not provide the transparency of a proper review that we would expect for ourselves. I say to the Ministers present this evening that they should look at this issue by putting a very simple question to themselves: would they like their sons or daughters to be subject to this order? Would they feel that their sons and daughters were able to have a proper consideration of their cases? It is no good thinking about people they do feel any connection with. This is the way for any Member to look at any legislation—how do we believe any particular legislation would treat someone whom we cared about?
That explains why I believe that aspects of this legislation are both intolerable and intolerant. The first is the use of reasonable suspicion as a test. It is a proper test of deciding whether Mr. Jones on the street can properly be brought into the police station for further consideration of some event that has taken place. It is a proper test for beginning a process, but it is not a proper test for ending a process. That is why it is unacceptable.
Secondly, this is not a proper test for a Minister to use, because what will the Minister do when a group of superior people come in and say, ““Minister, better not say no to this, because whereas if you get it wrong and do something unhappy to an individual, it will not serve you too badly, if you get it wrong and let the individual free of these restrictions, you may find yourself in trouble””?
Terrorist Asset-Freezing (Temporary Provisions) Bill
Proceeding contribution from
Lord Deben
(Conservative)
in the House of Commons on Monday, 8 February 2010.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on Terrorist Asset-Freezing (Temporary Provisions) Bill.
Type
Proceeding contribution
Reference
505 c692 
Session
2009-10
Chamber / Committee
House of Commons chamber
Subjects
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Timestamp
2024-04-21 19:55:02 +0100
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