Schedule 5 to the Anti-terrorism, Crime and Security Act 2001 (Modification) Order 2012

My Lords, I beg to move that the Committee considers the draft Schedule 5 to the Anti-Terrorism, Crime and Security Act 2001 (Modification) Order 2012. The draft order was laid before the House on 1 March 2012. Protecting the public from terrorism will always be the principal priority of this Government and we are committed to ensuring that the police and others have the powers that they need to tackle terrorism. But there is also a need to guard against placing disproportionate burdens on business, industry and academia. The purpose of the Anti-Terrorism, Crime and Security Act 2001 is to ensure that the Government have the necessary powers to counter the terrorist threat to the UK. Part 7 of the Act is intended to improve the security of dangerous biological substances that may be targeted or used by terrorists. Schedule 5 lists the substances that are subject to the provisions of Part 7 of the Act. Any laboratory that intends to hold one of the controlled pathogens and toxins must notify the Home Office and comply with physical, personnel and electronic security advice as directed by the police. A pathogen is a biological agent that can cause disease or illness. The purpose of the draft Schedule 5 to the Anti-Terrorism, Crime and Security Act 2001 (Modification) Order 2012 is to add one pathogen to the list of controlled pathogens and toxins in Schedule 5 to the 2001 Act and to remove four pathogens. The draft order sets out the specific details of the modification, which I will not repeat now. The list of controlled pathogens was reviewed by a group of Government, academic and industry experts with the aim of ensuring that it was up to date with scientific advances and emerging terrorist threats and diseases. Pathogens and toxins should be added to or remain on the list only if we are satisfied that the pathogen or toxin could be used in an act of terrorism to endanger life or cause serious harm to human health. Conversely, where we are satisfied that a pathogen or toxin could not be used effectively in an act of terrorism, we should seek to remove it from the list to remove unnecessary burdens. The approach used to review the list of controlled pathogens and toxins is a robust one. Experience with lists of pathogens produced for health and safety at work shows that there is always debate about the inclusion of individual pathogens and toxins on such lists and that they need to be reviewed from time to time as more information becomes available. The key is to make pragmatic decisions based on the available knowledge of the experts involved. The threat posed by the possible terrorist use of pathogens and toxins remains real. It is imperative to ensure that terrorists do not have access to dangerous substances but it is also important to ensure that the measures are proportionate and important scientific research and medical use are not restricted. If the draft order is approved by both Houses, it will come into force on 1 October 2012. I believe that the modification strikes the right balance and therefore commend it to the Committee. I beg to move.