Clearly, the police officer must hold the reasonable belief at that time, as I think my right hon. and learned Friend has accepted. Paragraph 2 of schedule 1 states that the paragraph applies where
“a constable has reasonable grounds to suspect that the person—
(a) is there with the intention of leaving”
the UK
“for the purpose of involvement in terrorism-related activity…or
(b) has arrived…with the intention of leaving”
again, for such purposes. Therefore, there is a requirement for that to be assessed. As I say, those issues can be considered as part of the consultation on the code of practice. I note the specific points that my right hon. and hon. Friends have made in that regard.
I turn back to the specific amendments. Given that the appeal is against why the police officer formed a reasonable suspicion about the individual’s travel intentions and exercised the power under the provision, the hearing would not take into account what the investigation had subsequently found about the individual’s intentions and whether that information strengthened the original decision or damaged it. That could result in a finding that the original decision was flawed and, regardless of the fact that the investigation has subsequently found evidence to strengthen the decision, the appeal is upheld and presumably the travel documents are returned. That is a risk that the Government are not prepared to take. Again, the right hon. Member for Delyn may wish to reflect further on that issue, taking into account some of the more detailed drafting issues that he has been alerted to in the debate.
Given the points that I have raised, notwithstanding the right hon. Gentleman’s initial indications, I hope that he will feel able, in the context of the safeguards in the Bill and the code of practice, to withdraw his amendment.