Counter-Terrorism Bill

My Lords, on Report, I explained in some detail why this amendment was tabled at a late point and gave context to the work of the financial action task force, the global body representing 34 national bodies and many bodies representing regional groupings. I drew attention to the minutes of the meeting of that task force in October and anticipated likely developments at its next meeting early next year. I pointed out that we felt that the change in the constitution and character of the group meant that, at times, we would not necessarily wish to await a decision by the FATF, but would want certain powers to move unilaterally. We discussed at some length on Report why these amendments have been included in this Bill. It was an informed discussion. The Government listened carefully to the views of noble Lords and have reflected that in the amendments that we have tabled today. I appreciate the points made by the noble Lord, Lord Marlesford, in relation to the amendments that he has tabled; let me attempt to respond to them. This provision has been included as it is necessary for a number of reasons. First, it is consistent with our attempt to replicate the compliance and enforcement procedures that currently exist in regard to our anti-money-laundering and counterterrorist financing regime. We have been eager to achieve as much consistency with this regime as possible, which would help firms and supervisors in management of compliance. Secondly—and importantly—the ability of enforcement officers to enter without a warrant could be useful in the successful investigation and enforcement of breaches of directions. We checked that supervisors wish to retain their existing range of enforcement powers for these new provisions, and have acted on this basis. It was considered necessary to have a full range of powers, given the risks involved in terrorist financing, money laundering and proliferation. I have no desire to take unnecessary powers, but entry without a warrant may be necessary—for instance, in circumstances where giving notice might result in the destruction of relevant documents or important evidence. It is also worth highlighting that this enforcement power cannot be used as a supervisor sees fit, but is subject to the important safeguard that it may be employed only if the information sought is reasonably required in connection with the exercise by the enforcement authority of its functions. I believe that that should provide protection for the butchers of East Anglia. In addition, I note that the power to enter premises without a warrant is not unusual in legislation, as the noble Lord, Lord Selsdon, advises us. Similar examples can be found, to list a few, in Section 162 of the Consumer Credit Act 1974, Section 118C of the Customs and Excise Management Act 1979 and Section 14 of the Food Standards Act 1999.