And mine with you. I look forward to the debate on Clause 28.
The Government’s response, which we finally received, does not seem very strong. It says:
“The Government considers that, if the matters relate to the proceeds from crime from state threats activity, in most cases this will be highly sensitive information and every effort should be made to prevent the suspect from having any knowledge that our law enforcement agencies are aware of where these proceeds are located.”
I may have missed something, but while the whole Bill is about national security, I am not sure that the condition that the proceeds from crime arise from state threats activity is there. Maybe it is in Clause 25. I ask the Minister to follow up on paragraph 88 of the Government’s response to clarify whether I am being insufficiently on the ball and whether that further condition that the proceeds of crime arise from state threats activity is there. Otherwise, it does not seem to us pertinent that you should be able to withhold information, stop access to a solicitor and stop allowing people to let others know where they are if it is specifically about asset recovery. Important though that objective undoubtedly is, this is a National Security Bill.
On Amendment 63, the contention I make, inspired by the JCHR, is that the reviews of detention without warrant should be able to be postponed only for well-defined and justified reasons. At the moment, it can happen where
“no review officer is readily available”
or
“it is not practicable for any other reason to carry out the review.”
That seems to us illegitimately broad.
In their response, the Government give an example, saying
“these provisions ensure a wide range of instances”—
that is certainly true—
“which might result in a review not being able to be carried out are covered – for example, if the suspect is undergoing medical treatment. It would be impossible to outline every scenario that may impact a review … therefore this approach”,
which I would describe as wide,
“is preferable.”
The example of a detainee undergoing medical treatment does not cover or justify the “no review officer is readily available” reason. It might fall under the other arm—“it is not practicable for any other reason to carry out the review”—if the detainee is ill and is being supported with medical treatment. However, postponing a review because no review officer is readily available is based on a staffing matter; the detainee really should not be put in this position because somebody—the Home Office, the MoJ or whoever—is unable to supply a police officer or whoever else is in charge to carry out the review.
3.45 pm
Therefore, I ask the Government to have a further look at all this. Their responses are weak and the danger is that, however serious the context, we have to maintain standards of safeguards of civil liberties and human rights wherever possible, and I am not sure that these texts as drafted in Schedule 6 give sufficient guarantees of proportionate and legitimate restrictions on guarantees against arbitrary detention.