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House of Lords Official Report Vol. 804 Friday No. 86 10 July 2020 PARLIAMENTARYDEBATES (HANSARD) HOUSE OF LORDS OFFICIAL REPORT ORDEROFBUSINESS Port Examination Codes of Practice and National Security Determinations Guidance Regulations 2020 Motion to Approve ........................................................................................................1327 Saudi Arabia: Arms Sales Private Notice Question ................................................................................................1346 Terrorism Act 2000 (Video Recording with Sound of Interviews and Associated Code of Practice) (Northern Ireland) Order 2020 Motion to Approve ........................................................................................................1350 Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020 Motion to Approve........................................................................................................1372 Lords wishing to be supplied with these Daily Reports should give notice to this effect to the Printed Paper Office. No proofs of Daily Reports are provided. Corrections for the bound volume which Lords wish to suggest to the report of their speeches should be clearly indicated in a copy of the Daily Report, which, with the column numbers concerned shown on the front cover, should be sent to the Editor of Debates, House of Lords, within 14 days of the date of the Daily Report. This issue of the Official Report is also available on the Internet at https://hansard.parliament.uk/lords/2020-07-10 In Hybrid sittings, [V] after a Member’s name indicates that they contributed by video call. The first time a Member speaks to a new piece of parliamentary business, the following abbreviations are used to show their party affiliation: Abbreviation Party/Group CB Cross Bench Con Conservative DUP Democratic Unionist Party GP Green Party Ind Lab Independent Labour Ind LD Independent Liberal Democrat Ind SD Independent Social Democrat Ind UU Independent Ulster Unionist Lab Labour Lab Co-op Labour and Co-operative Party LD Liberal Democrat LD Ind Liberal Democrat Independent Non-afl Non-affiliated PC Plaid Cymru UKIP UK Independence Party UUP Ulster Unionist Party No party affiliation is given for Members serving the House in a formal capacity, the Lords spiritual, Members on leave of absence or Members who are otherwise disqualified from sitting in the House. © Parliamentary Copyright House of Lords 2020, this publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 1327 Arrangement of Business[10 JULY 2020] Port Examination Codes of Practice 1328 House of Lords In passing the 2019 Act, the House approved amendments to the Schedule 7 powers that have Friday 10 July 2020 necessitated changes to the code. It now reflects new 11 am provisions to pause the detention clock where a detained person requires medical treatment during the examination; The House met in a Hybrid Sitting. to prohibit oral answers given by an examinee in response to questioning under compulsion being used as evidence Prayers—read by the Lord Bishop of Carlisle. in a criminal trial; and to require an examinee in detention to choose a different solicitor where there Arrangement of Business are concerns with their chosen solicitor. Announcement A similar code was produced for the Schedule 3 11.07 am powers. Noble Lords will recall considering an early draft alongside the Bill in Committee. It differs from The Deputy Speaker (Lord Duncan of Springbank) the Schedule 7 code in two respects: first, to reflect (Con): My Lords, the hybrid sitting of the House will that Schedule 3 is targeted at detecting those engaged now begin. Some Members are here in the Chamber, in hostile activity, as opposed to terrorism; and secondly, respecting social distancing, others are participating to provide additional detail relating to new property remotely, but all Members will be treated equally. For seizure and retention powers, exclusive to Schedule 3, Members participating remotely,microphones will unmute that require an examining officer to seek the authorisation shortly before they are to speak. Please accept any of the Investigatory Powers Commissioner to retain on-screen prompt to unmute. Microphones will be and use a person’s property, or copies of that property. muted after each speech. Please be patient if there are any short delays switching between physical and remote Following passage of the 2019 Act, both codes were participants. If the capacity of the Chamber is exceeded, subject to public consultation. In response, we have I will immediately adjourn the House. strengthened safeguards for confidential material, making it clear that such material should not be accessed by Port Examination Codes of Practice and front-line officers without prior judicial authorisation. We have extended these safeguards to cover material National Security Determinations which may disclose a source of journalistic information. Guidance Regulations 2020 We have also provided further clarity on the practical Motion to Approve operation of the new Schedule 3 retention powers. I trust that these improvements are welcome, especially 11.08 am to the noble Lords, Lord Rosser and Lord Kennedy, Moved by Baroness Williams of Trafford and the noble Baroness, Lady Jones of Moulsecoomb, who spoke persuasively about the need for additional That the draft Regulations laid before the House safeguards in the codes. This instrument also brings into on 8 June be approved. force updated guidance issued under the Protection of Relevant document: 19th Report from the Secondary Freedoms Act 2012 on the making or renewing of national Legislation Scrutiny Committee security determinations. NSDs allow the biometrics— that is, fingerprints and DNA profiles—of non-convicted The Minister of State, Home Office (Baroness Williams individuals of national security interest to be retained of Trafford) (Con): My Lords, this instrument gives after initial statutory retention periods have expired. effect to the draft codes of practice and guidance relating to important changes to counterterrorism port Revisions to the guidance reflect changes made by examination and biometric retention powers made by the 2019 Act and recommendations from the independent the Counter-Terrorism and Border Security Act 2019, Biometrics Commissioner. The measures are intended as well as new counter-hostile state activity port to strengthen and support the police use of biometrics examination powers under that Act. It will bring into in counterterrorism investigations. The changes being force a revised code of practice regarding functions made also protect civil liberties and ensure that the carried out under Schedules 7 and 8 to the Terrorism process remains subject to independent oversight. The Act 2000; a code of practice regarding functions carried changes include increasing the maximum length of an out under Schedule 3 to the Counter-Terrorism and NSD from two to five years. Operational experience Border Security Act 2019; and revised guidance issued has shown that the previous two-year limit is too short under the Protection of Freedoms Act 2012 concerning in many cases. Those involved in terrorism will often the retention of biometric data for national security pose a much more enduring threat than this. This purposes. I shall outline what these documents are and extended period will strike a better balance between their significance to the operation of these important allowing the police to prioritise their resource and powers. retaining appropriate safeguards and checks. I turn first to the draft codes of practice for the port NSDs are an important national security capability. examination powers. Counterterrorism officers who Biometric material retained using NSDs has led in the currently use Schedule 7 port examination powers past year to the identification of individuals thought must do so in accordance with the relevant code of to have travelled to take part in the conflict in Syria practice. While the code largely reflects the primary and Iraq, provided evidence of potential terrorist offences legislation, it also includes further procedural guidance and been matched to potential visa and asylum for those exercising the powers and additional safeguards applications, resulting in individuals being refused for those subject to them. entry to the UK. Following passage of the 2019 Act, 1329 Port Examination Codes of Practice[LORDS] Port Examination Codes of Practice 1330 [BARONESS WILLIAMS OF TRAFFORD] which is a troubling criterion. There are fears that we have undertaken significant consultation with key Schedule 7 stops are based on religious and racial profiling. stakeholders when revising the biometrics guidance, Can the Government publish statistics on the religious including with the police, the devolved Administrations, affiliation of those stopped under Schedule 7, to address the Lord Advocate and the Biometrics Commissioner. the accusation that it is being used predominantly and I urge noble Lords to consider the draft codes and deliberately against the Muslim community? revised guidance favourably. It is clear that the UK I realise that Schedule 3 powers are not terrorism- faces a sustained threat from hostile state activity, and related, but it is unfortunate that, while the Independent our citizens continue to be subject to heinous acts of Reviewer of Terrorism Legislation oversees Schedule 7, terrorism
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