In such circumstances, the passport will probably still be in the individual’s possession, although it will have been cancelled in the sense of its ability to be used to provide access to the United Kingdom, so I would expect them to have that document available to provide that proof.
On the points made about the individual being in another country, if an individual subject to an order attempts to travel to the UK, we will work closely with the host country and consider appropriate action. This may include detention pending deportation action, but only where appropriate under the laws of the other country, and, again, where appropriate, UK police officers will escort the individual back to the UK.
We are discussing this proposal with other Governments, in particular France and Turkey, in order to agree how it will work best in practice. The problem of foreign fighters travelling to Syria and Iraq and then seeking to return home is one we share with many of our international partners, and so far these discussions have been constructive.
Once in the UK, the police may interview the individual in order to explore their activities abroad. We may then subsequently require them to engage with a programme, potentially comprising reporting, notification of change of address and de-radicalisation activities.
I turn now to the amendments tabled by the shadow Home Secretary, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), and her colleagues. New clauses 9, 10 and 11 and new schedule 1 all require the Secretary of State to apply for permission from the courts before imposing a TEO. The mechanism provided for in these amendments is almost identical to that in the Terrorism Prevention and Investigation Measures Act 2011—indeed, it appears to have been copied so directly that the right hon. Lady may want to reconsider the title of new clause 9, which refers to the imposition of terrorism prevention and investigation measures, which I suspect might be an error.
As the Minister with responsibility for national security, it is right that I, as Home Secretary, and not the courts, impose an order of this kind. As I have said, this is a discretionary power that will be used only in a limited number of cases where it will have the greatest impact. With oversight of all other national security and counter- terrorism matters, I am best placed to make an informed judgment about whether a TEO is appropriate in each case, taking into consideration the wider context of the terrorist threat we face. For the same reasons, to vest the power to impose one of these orders in the Secretary of State without first requiring an application to the courts is in line with the comparable use of the royal prerogative to cancel the passport of a British citizen.
We must also consider in this context the level of interference with an individual’s rights as a result of the power. A TEO does not take away the right of an individual to return to the UK, and the in-country elements that might be imposed on an individual as part of it are much less restrictive than those available under TPIMs, and for this reason do not require the same level of review. There is therefore no need for a requirement to apply to the courts before imposing an order, and it will of course remain open to an individual to apply for judicial review of the decision to impose an order.