UK Parliament / Open data

Counter-Terrorism and Border Security Bill

I can clarify briefly. If we had a line of reporting that said, in a certain week, that there was intelligence that a hostile state was seeking to come in via Heathrow airport, but we only had a certain time period, or if we had some intelligence that someone from a hostile state was coming in on a plane on a Monday through there, and we were therefore choosing to focus on those planes, that would be too broad to issue a specific warrant, and too broad for us to seek a warrant to search everybody’s bags covertly on the whole aeroplane. Everyone would be standing around worrying how long it was going to take. This is a power that reflects the operational pressure. On the Front Bench spokesman’s question about oversight, when someone is stopped under this power, a report will be taken and made to the judicial commissioner, who has the power of oversight. I can give the hon. Gentleman the assurance that it will be recorded, and if materials are retained—journalistic or legal—that, again, will involve a permission needing to be given in order to examine it.

7 pm

There is another addition that is different from other detentions. Because we recognise the issue about the potential overhearing of consultation between a lawyer and the person detained, whatever is said in that detained stop, whether it is over the four hours or whatever, is not admissible in court, so it cannot be used against the person. That is different from a normal PACE arrest in a police station. That is the sort of balance that we have tried to strike. It is also the exact mirror of what we have had for the past 18 years in that space.

About this proceeding contribution

Reference

646 c704 

Session

2017-19

Chamber / Committee

House of Commons chamber
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