This amendment does not address head-on the power under a TPIM to require somebody to relocate. This amendment is only touching on whether the Secretary of State should by notice have power to vary a relocation measure, in part, because
“the variation is necessary for reasons connected with the efficient and effective use of resources.”
While I recognise the intrusive effect that relocation can have, I accept that there may be cases where
national security demands it. I am interested to hear from the Minister what test is to be applied where a variation of a relocation order occurs when it
“is necessary for reasons connected with efficient and effective use of resources.”
I do not know, but I suspect that this concerns the perception that someone should relocate for national security reasons. Where they relocate to might be affected by the circumstances in which such an order might be enforced; the amount of resources that would be required if it was to be enforced where they normally live becoming disproportionate; or the amount of resources that would be required where they had been located becoming disproportionate. If that is right, I would have expected the measure in new subsection (1A) in Clause 39(2) to reflect something about proportionality. But there is nothing in it, and I would be interested to hear what the Minister has to say. I hope he will indicate that resource relocations will occur only when it is effectively necessary to provide for national security.