Clause 2
Counter-Terrorism Bill
11:15 am
David Heath (Somerton and Frome, Liberal Democrat)
I do not think that I have welcomed you to the Committee, Mr. O’Hara. I have intervened, but not spoken to any proposals. The hon. and learned Member for Beaconsfield has rather elegantly interpolated an entirely spurious debate in terms of the Bill, but one that it is very important to have on counter-terrorism. As he is in order, we must be too.
The hon. and learned Gentleman asked whether the arrangements for ensuring that a key to encryption is provided are adequate. An anxiety was expressed in our evidence sessions by the Metropolitan Police Commissioner that the tariff was insufficiently high to allow for remanding a suspect in custody, rather than bail being given by a lower court. That is a genuine concern because some of us see custody as an answer if it is impossible to interpret encrypted material in the period allowed for pre-charge detention. I would be grateful for the Minister’s view on whether we are right about the ability of a court to detain somebody who wilfully withholds the key to encrypted material that might be of evidential value in a terrorism case.