I welcome the government amendments. In my clumsy way, I tried to deal with the issues raised by the independent reviewer about his remit and the new board at the last stage. The Minister referred to two of the five issues that the independent reviewer sought to cover, which I tried to cover at that last stage. I am flattered that he suggested that my Amendment 16A comes from my own interest and concerns about the Justice and Security Act and the disclosure of sensitive material, closed material proceedings, special advocates and all the rest of it, as well as my concerns about immigration and nationality law. I indeed have those concerns but I cannot say that this is a self-started amendment. I was asked to pursue the subject. The independent reviewer has made clear that he wants this. He does not seek to go beyond the
counterterrorism area. I hope that the amendment is clear on that. His blog has already been quoted and I shall quote from it too. He wrote:
“It is however a shame that the Reviewer was not also given the opportunity to review the operation of other powers, including immigration powers, to the extent that they are used for counter-terrorism purposes. I have no evidence whatsoever that any of those powers is used in an improper manner. But in such a sensitive and secret area, it is as well to have the assurance that only independent review can provide”.
He continues by quoting from his report of last July, which said:
“More than one person of a suspicious cast of mind has suggested to me that the unreviewed powers (for example, the use of the Royal Prerogative to withdraw passport facilities) are likely to be used for the purposes of doing the Government’s ‘dirty work’”.
I suggest my amendment because the independent reviewer has a holistic approach to this whole area. Individual case oversight and different reviewers, to which my noble friend has referred, while reassuring, do not meet the points that the reviewer has in his mind. He clearly looks at how the whole of counterterrorism legislation is operating and has ranged beyond the relatively narrow legislative remit that he has had in the past. Previously, I have heard him say that he is not seeking a turf war with other reviewers but, equally, he does not see these things in silos, which is why this amendment has come forward. I beg to move.