The hon. Gentleman leads me neatly to mention a number of protections in the Bill, and say how we will ensure that the exercise of this power is proportionate and suitably circumscribed by a range of stringent safeguards. Some of the points about the need for speed and assurances about the exercise of such powers have been well made. A powerful power is being advanced in schedule 1, and those who exercise it must be satisfied that it is necessary to retain the relevant documentation. The different mechanisms available to challenge a decision underscore why we regard current protections as proportionate to this power.
In essence, officers who might exercise the power would be governed by a specific code of practice that would specify how they are to use it. Paragraph 2 of schedule 1 states that the constable must have
“reasonable grounds to suspect that the person is there—”
in the port—
“with the intention of leaving the United Kingdom for the purpose of involvement in terrorism-related activity”.
The officer then has to seek a further review by a senior police office of at least superintendent level to confirm that the power is appropriate in that case. There is a further review by an officer of chief superintendent rank within 72 hours of the officer’s findings, and that is referred to the chief constable who must remain satisfied with the case. Even from an administrative perspective there are a significant number of checks and balances to ensure that the power is being exercised effectively. If the documents are to be retained beyond the 14-day period, there is a court process and a review to consider how further oversight should be provided.