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Counter-Terrorism and Security Bill

That is a valid point, but judicial review is not what I would call a cheap and easy process. It could not be accessed quickly and easily by an individual who had lost their passport in the circumstances set out in schedule 1. The hon. Gentleman will see that we have included in amendment 17 a reference to appeal “in the courts”. That is intended to stimulate debate—it could be a magistrates court, a court sitting in private or a Crown court. We simply say that the appeal should be in a court. The schedule allows the Secretary of State to produce a code of practice, which could indicate which court should deal with such matters and whether it could sit in private. It would be reasonable for the code of practice to do that.

7 pm

My purpose in tabling amendment 17 was to focus on the issue of appeals. I will be happy to withdraw it if the Minister provides reassurance, or we might revisit the matter in the other place. However, since the publication of the Bill and Second Reading, we have felt that we needed some mechanism for examining the case for appeals.

I have detained the House for far too long, but I wish to say two final things. First, amendment 29 is simply about a date of review and would not detract from the Bill in any way, shape or form. It would simply provide a date by which the Secretary of State would have to examine clause 1 and decide either to continue it or bring forward new legislation. One reason why we need that review is that there is no appeal mechanism, which amendment 17 would provide.

Secondly, I will listen to what the hon. Member for Brighton, Pavilion (Caroline Lucas) has to say about her new clause 8. I have some concerns about her proposal for police bail for terrorism suspects. We need to think carefully before using police bail if a Government have decided to remove someone’s passport. I do not wish to comment further on the new clause at this point, but I will listen to her remarks.

I hope that the Committee will consider my points about the Opposition’s amendments, and I hope for a positive response from the Minister.

Type
Proceeding contribution
Reference
589 c1182 
Session
2014-15
Chamber / Committee
House of Commons chamber
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