My hon. and learned Friend highlights the mechanisms provided in paragraph 5 of schedule 1 on the manner in which the judge must be satisfied with the continued need to retain the documentation. His point is the basis or central tenet for the use of the power in the first place. Indeed, I think this relates to the point advanced by the right hon. Member for Delyn in one of his amendments. Judicial review is available to challenge the basis of the original decision. Therefore, there is a judicial right to question and challenge the basis on which the officer has used the power in the first place, as set out in paragraph 2 of schedule 1. We therefore believe there is a direct means to be able to challenge the underlying decision.
Counter-Terrorism and Security Bill
Proceeding contribution from
James Brokenshire
(Conservative)
in the House of Commons on Monday, 15 December 2014.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on Counter-Terrorism and Security Bill.
Type
Proceeding contribution
Reference
589 c1187 
Session
2014-15
Chamber / Committee
House of Commons chamber
Subjects
Librarians' tools
Timestamp
2015-05-22 08:13:34 +0100
URI
http://hansard.intranet.data.parliament.uk/Commons/2014-12-15/14121548000007
In Indexing
http://indexing.parliament.uk/Content/Edit/1?uri=http://hansard.intranet.data.parliament.uk/Commons/2014-12-15/14121548000007
In Solr
https://search.parliament.uk/claw/solr/?id=http://hansard.intranet.data.parliament.uk/Commons/2014-12-15/14121548000007