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Chamber

Meeting of the Parliament 04 December 2018

04 Dec 2018 · S5 · Meeting of the Parliament
Item of business
Counter-Terrorism and Border Security Bill

In October last year, Andrew Parker, the director general of MI5, described the on-going terrorist threat that faces the United Kingdom as

“multi-dimensional, evolving rapidly, and operating at a scale and pace we’ve not seen before.”

Attacks such as that at London bridge in June last year or the novichok poisoning in Salisbury earlier this year are just two illustrations of what Mr Parker was talking about.

Against the background of that heightened terrorist threat, the UK Government considers it necessary to update and strengthen key aspects of the legal powers and capabilities that are available to law enforcement and intelligence agencies to disrupt terrorism and to ensure that sentences for terrorism offences properly reflect the seriousness of the crime. Conservative members strongly support that judgment and the Counter-Terrorism and Border Security Bill, which arises from it and which is the subject of today’s legislative consent motion.

Most of the bill concerns matters that are properly reserved to Westminster, but a minority of its provisions touch on devolved matters, particularly road traffic regulations, legal aid for those stopped at the border and the retention of biometric material.

I welcome the fact that the Scottish Government recommends that Parliament’s consent be given to those provisions. I agree. As the legislative consent memorandum says,

“Ensuring that these measures are consistently applied and available across the UK is important to maintaining the operation of counter-terrorism measures.”

Of course it is.

The measures to be taken in the bill, and in particular the measures that attract the request for our consent today, are necessary to safeguard our national security and are proportionate. In particular, it will still be the case after the bill is passed that biometric data will be destroyed unless there is a sound basis for retaining it. Operational experience has shown that the two-year retention period is too short, which is why the bill extends it to five years.

Likewise, the power to detain and question individuals at the UK border is plainly required. The power in the bill is carefully constrained so that it will apply only on grounds of involvement in hostile activity for or on behalf of another state. The decision to stop and question an individual will not be arbitrary; it will be based on informed consideration of risk, threat, hostility and intelligence.

In short, the powers are necessary and proportionate. The Government is right to support them, and we should all do so, too. I support the motion.

16:56  

In the same item of business

The Deputy Presiding Officer (Linda Fabiani) SNP
The next item of business is consideration of a legislative consent motion. I ask Humza Yousaf to move motion S5M-15017, on the Counter-Terrorism and Border ...
The Deputy Presiding Officer SNP
I call Adam Tomkins. 16:53
Adam Tomkins (Glasgow) (Con) Con
In October last year, Andrew Parker, the director general of MI5, described the on-going terrorist threat that faces the United Kingdom as “multi-dimensiona...
John Finnie (Highlands and Islands) (Green) Green
The matter was discussed at the Justice Committee on 13 November. Of course it is important to have consistent application of legislation, but legislation mu...
The Cabinet Secretary for Justice (Humza Yousaf) SNP
I thank both Adam Tomkins and John Finnie for speaking on this legislative consent motion, and the Presiding Officer for the opportunity to respond. The Cou...
John Finnie Green
Will the cabinet secretary take an intervention?
Humza Yousaf SNP
If the member does not mind, I want to make progress—if only because he said that he would vote against the LCM regardless of what I say. In response to the...
Daniel Johnson (Edinburgh Southern) (Lab) Lab
I heard Mr Finnie rightly ask about a human rights assessment. Labour members are minded to support the Government on the LCM, but the point about a human ri...
Humza Yousaf SNP
I was coming to that point. I wanted first to address Mr Finnie’s question on databases. We take that issue extremely seriously. We will watch how the bill p...
The Presiding Officer (Ken Macintosh) NPA
The question on the LCM will be put at decision time.