Terrorist Asset-Freezing etc. Bill [HL]

My Lords, I shall speak also to Amendments 23B, 23C, 23D, 23E and 23F. This afternoon, there have been references to the Joint Committee on Human Rights and in its report, which was published last week, it dealt with the issue covered by this amendment. In welcoming, as I do, the moves which the Government have made to try to strengthen the human rights aspects of this proposed legislation, the committee has firmly stuck to its view that the propositions which I am putting forward are the right course to take. I take this opportunity to pay a very warm tribute to the noble Lord, Lord Carlile of Berriew, for the role which he has fulfilled as reviewer of other aspects of terrorism legislation and its implementation. He has set extremely challenging and high standards, which we should all applaud. I have not agreed with his conclusions all the time, but no one can question the commitment and expertise which he has brought to the task. He has certainly proved himself capable of making very rugged and outspoken statements when he believes that the time has come for him to do so. It is good that there is provision for a reviewer. I am really glad that the Government have made that provision in legislation. We all know that in this extremely difficult and challenging issue of terrorism, the extremists and the terrorists operate best when there is a considerable constituency of ambivalence about what they are doing. I very much doubt whether anyone in this House would not take the most firm and uncompromising stand against what they are doing. We are clear in our own minds. However, we have to recognise that if people suffer injustice, if people are alienated, if the extremists can get to work on what they can portray as an absence of absolute transparency in all that is being done, that plays into the hands of the terrorists and their chiefs. Therefore, as in other issues we have been debating today, it is not just a matter of what is right, but of what is necessary if we are to be effective in our campaign against terrorism. We simply have to take the issue of hearts and minds seriously. That is why transparency is so crucial. What therefore is proposed in these amendments is that, following the Government’s good sense in making provision for a reviewer, the reviewer should be able to be seen, and should be seen, to be independent in all that is undertaken. I have genuinely commended the noble Lord, Lord Carlile, for his work in adjacent contexts. I hope he will not mind my saying that I think it has been done despite the arrangements that have been made to support him and within which he has operated, not because of them. I believe that his position would have been even stronger if he had been able to be seen as totally independent in all his support and operational arrangements. That is what the amendment proposes. I hope that the Government will accept that its intention is to help them to make a success of their provision. Therefore, perhaps I may briefly cover the points. First, we think it would be sensible that the reviewer reports to Parliament. Secondly, Parliament should certainly approve the arrangements for the appointment of the reviewer and indeed the appointment of the reviewer himself. Thirdly, the secretariat—the people who work with the reviewer—should be independent of government. There is room for doubt to be exploited if people can say, ““But, look, the reviewer is utterly dependent on the implementing department for support in executing his task””. The noble Lord, Lord Carlile, has not fallen into the trap but we might not always have him, and therefore what is put into the Bill needs to provide for all circumstances. Finally, it is sensible that the appointment is for a finite period so that there can be no question of people saying that it has become part of the ongoing furniture and is no longer bringing a freshness and acute objectivity to the task. I believe that the task of reviewer for the effectiveness of our campaign against terrorism is crucial. If we are going to have a reviewer, the logic is to ensure that he cannot be portrayed by anyone as anything but demonstrably independent of government machinery. I beg to move.