I would indeed like to say a few words about new clause 8, which I tabled. As we know, there will be situations in which it is necessary to prevent a person from leaving the country, but I would argue that the police already have a tried and tested way of preventing suspects from doing so—the power of arrest, combined with the ability to require passport surrender if a suspect is arrested and released without charge. However, passport surrender is not currently possible in the case of those arrested on suspicion of being a terrorist under section 41 of the Terrorism Act 2000, as conditional police bail cannot be granted following such arrests. That anomaly means that there is a currently a loophole in the ability of law enforcement to require passport surrender of terrorism suspects. It would be much simpler to remove that loophole than to proceed with the convoluted passport retention scheme set out in clause 1 and schedule 1.
The safest and fairest way to prevent suspects from leaving the country to participate in terrorist activity would be for police officers to use their powers of arrest. If an individual was considered to pose an immediate risk to
the country, they could be detained rather than left to roam the UK for 30 days, as would happen under the Government’s proposal. If they did not pose an immediate risk, they could be detained and bailed, and their passport could be surrendered as part of the process.
Including that provision in the Bill and removing the bar on police bail would be much simpler and fairer than a convoluted passport surrender scheme. It would deliver the same practical result as the Government seemingly wish to achieve—preventing individuals from leaving the country—but would do so in a way that, crucially, protected against misuse and discrimination.
My new clause is intended to give the police the powers they need, and to enable them to exercise them consistent with upholding suspects’ human rights. That would act as a greater deterrent, by allowing for arrest rather than summary passport seizure, and would help to overcome some of the in-built discrimination that exists in relation to stop-and-search and would inevitably be part of a stop-and-seizure approach to passports.