My Lords, this allows us to consider the legal threshold for issuing a temporary exclusion order. Before I get on to what our position is, I shall answer a couple of the noble Baroness’s questions.
She asked about the basis on which reasonable suspicion is used in the power to seize and retain travel documents at a port. The test uses the evidential standard of reasonable suspicion that is used in relation to many other police powers. What constitutes reasonable
grounds for suspicion will depend on the circumstances in each individual case. There must be an objective basis for the constable’s state of mind, based on facts. Such information must be specific to the conduct of the person. It can include observation of the person’s behaviour, information obtained from any other source or a combination of these. Reasonable suspicion cannot be formed on the basis of assumptions about the attitudes, beliefs or behaviour of persons who belong to particular groups or categories of people. To do that under Schedule 1 on this basis would be discriminatory.
The noble Baroness also asked whether the Home Secretary will make a TEO application only on the basis of an application from MI5. It will be for the Secretary of State to decide whether the tests are met. In practice, she would base her judgment on advice from the security services. The final decision will of course be hers, even though, in practice, she will generally require input from the security services to establish reasonable suspicion.