Prevention of Terrorism Bill

Part of the debate – in the House of Lords at 5:45 pm on 7 March 2005.

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Photo of Baroness Scotland of Asthal Baroness Scotland of Asthal Minister of State (Criminal Justice System and Law Reform), Home Office, Minister of State (Home Office) (Criminal Justice and Offender Management) 5:45, 7 March 2005

That may not be the best example, but there are all sorts of other examples, such as people having information. The important point that I wished to make is that it may be necessary to stop and/or detain that person to enable due process to take place and come before the court. We are contemplating the situation of the new procedure when the Home Secretary will not of his own motion be able to so confine or restrain a person, but it will be incumbent on him to apply to a judge so to do. Therefore, certain logistical realities may arise in those circumstances, and it is for that lacuna that we seek to provide.

In relation to the issue raised by the noble Duke, the Duke of Montrose, I shall say what I said earlier in relation to this type of activity. It is not a devolved matter. It is a free-standing power to arrest and detain, which would arise in the context of a reserved matter, such as terrorism. It is not related to a criminal investigation and it is analogous to the powers of arrest and detention in the context of immigration law, which is another reserved matter. Therefore, it is not a case when the devolution issue comes into play.

I can reassure the noble Duke that we have already been in consultation with our colleagues north of the Border. On this occasion the Procurator Fiscal, as opposed to the Lord Advocate, will be involved, but we are very much alive to the difference in structure that applies in relation to matters that take place north of the Border. Such matters are being taken into account.