Clause 35 - Power to make travel restriction orders
Criminal Justice and Police Bill
3:15 pm
Mrs Jackie Ballard (Taunton, Liberal Democrat)
I want to speak to amendments Nos. 160 to 162 and 6. On Second Reading, we expressed our support for proposals to restrict drug traffickers' freedom to travel, but we gave notice that we would seek to amend the open-ended nature of the restrictions. Like us, the Minister will doubtless have received briefings from Liberty, which questions whether such a restriction is compatible with the European convention on human rights, the freedom of movement and the right to trade in goods and services throughout the European Union. I am sure that he will say that, as with all the other clauses, this one has passed some form of compatibility test. Indeed, the Government are hardly likely to table legislation that they do not believe complies with the European convention on human rights, but that does not guarantee that the clause does indeed comply.
There is no upper limit to the length of the orders. Although they will apply only to people who have been given prison sentences of four years or more, first-time offenders—as well as those who offend repeatedly—could be included. Amendment No. 160 would replace subsection (2)(b) to make it clear that
``the court shall only impose an order if it considers that it is necessary to prevent the offender from committing further''
drug trafficking offences. A pre-sentence report might well state that, on the balance of probabilities, the offence was a once-only occurrence. Indeed, we might all imagine circumstances in which a person was used as, say, an unknowing mule. Amendment No. 161 would change the balance by requiring the court to
``state the reasons for its decision'',
whether or not it decides to impose a travel restriction order. At the moment, the norm is that a travel restriction order should be imposed, and reasons must be given for not imposing one. If our amendment were accepted, reasons would have to be given in either case.
Amendment No. 162 would remove the minimum restriction of two years and leave it to the discretion of the court. Amendment No. 6 would set a maximum time limit that is no more than the original prison sentence.