Clause 2
Counter-Terrorism Bill
11:00 am
Tony McNulty (Minister of State (Security, Counter-terrorism, Crime and Policing), Home Office; Harrow East, Labour)
In the context that I have described, the five clauses hang together. Clause 2 creates a new offence of wilfully obstructing a constable when he is exercising the power under clause 1 to remove documents for examination, pending lawful seizure or otherwise. That will help to ensure that the power can be used efficiently and effectively by deterring potential obstruction of the constable. It is a summary offence, punishable by up to 51 weeks’ imprisonment in England and Wales, 12 months in Scotland and six months in Northern Ireland. The sentence limit in England and Wales will be six months until section 281(5) of the Criminal Justice Act 2003 comes into force, when it will be 51 weeks. The purpose of the sentence is to act as a deterrent to obstructing the constable. The penalty for the offence is no less than that for similar offences of obstruction, for example, under section 47 of the Terrorism Act 2000 and section 26 of the Immigration Act 1971. Imposing a sentence of any longer than that would be disproportionate to the nature of the offence. It is difficult to conceive of circumstances where simply obstructing an officer removing a document could justify, say, three years or more in prison.
If the individual were involved in terrorist activity he would be charged with a terrorist offence, and if convicted dealt with appropriately for that offence. It is unlikely that a person would be charged with the lesser offence of obstructing a constable were he guilty of the more serious behaviour. If it is clear that there is no terrorist involvement, there is no reason for the individual to be treated differently from any other non-terrorist suspect. Interlocking with all the other elements of this part of the Bill, that is appropriate and proportionate.