The noble Baroness graciously affords me the possibility of replying perhaps in more detail and later. Unless I have further information to provide to her, I propose to take that course. I am obliged to her for her consideration.
In relation to how to assess whether a person is involved in terrorism-related activity or is otherwise a national security concern, the Government have extensive experience of assessing these things, together with our operational partners, and using these assessments to inform executive decision-making.
Whether there are reasonable grounds to suspect that a person is or has been involved in terrorism-related activity is a crucial part of consideration for public
order disqualification. Amendment 165 would weaken the United Kingdom’s ability to withhold protections from people of terrorism concern, and we therefore consider that it would increase the risk to the national security of the UK.
Regarding Amendment 166, NRM referrals for foreign national offenders and foreign nationals held on remand are rising, with an average of 85 per month for the first five months of 2021, compared to 19 per month in 2018. It is right that foreign nationals who have been convicted of the serious offences referred to in Section 32 of the UK Borders Act 2007 should be included within scope for consideration of the public order disqualification. This ensures that we will have a clear definition provided for in legislation to support decisions.
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Finally, referring to Amendment 164A, I reassure the Committee that the Government are committed to identifying possible victims promptly and providing needs-based support that we hope will aid their recovery. This clause is in line with ECAT, and as such we consider that the requirement to make a conclusive grounds decision can fall away in the event of disqualification on grounds of public order or improper claims.
We will set out the detail of matters in guidance, but again I assure the Committee that trained decision-makers will consider carefully the full circumstances of each individual case, consulting with relevant stakeholders and considering all the relevant information, including weighing national security considerations against whether any potential interference with protected rights is proportionate.
I omitted to recognise the right reverend Prelate the Bishop of Bristol’s contribution to the matter of “bad faith”. I hope that she will forgive that omission.
I hope, for the reasons outlined, that noble Lords will be content not to press their amendments at this stage.