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The Minister of State, Home Office (Lord Hanson of Flint) (Lab)

Speaking in the House of Lords on 17 September 2025

Debate

Counter-Terrorism and Border Security Act 2019 and the Terrorism Act 2000 (Port Examination Codes of Practice) Regulations 2025

Contribution

My Lords, this statutory instrument was laid before the House on 9 July. It brings forward revised codes of practice for the exercise of powers under Schedule 7 to the Terrorism Act 2000 and Schedule 3 to the Counter-Terrorism and Border Security Act 2019. I contend to the Committee that the powers are vital tools in our national security framework. They allow a counterterrorism police officer to stop, question, search and detain a person at a port, or in the “border area” of Northern Ireland, to determine whether the person is or has been involved in terrorism or hostile activity. These changes follow a widespread public consultation held earlier this year, which ran from 17 March to 27 April 2025. The consultation invited a wide range of views from stakeholders including legal experts, civil liberties organisations, operational partners and, indeed, members of the public, who also contributed. It focused on proposed updates to the codes of practice to ensure that they remain clear, proportionate and fit for purpose. The Government’s response was published on 23 June this year and I will take this opportunity to express my gratitude to everyone who engaged with the consultation. The feedback from the consultation helped us shape the final versions of the codes, which now provide greater clarity on how these powers are to be exercised, thereby strengthening safeguards for individuals subject to examination. I thank, in particular, the Independent Reviewer of Terrorism Legislation, Jonathan Hall KC, who, in expressing support for the proposed changes in discussions with the Home Office, was also a very strong advocate of this instrument. We are grateful to him for taking the time. I will briefly summarise the key changes the instrument makes. Firstly, a minor element of how examining officers can use the powers in the border area of Northern Ireland will be clarified. The updated guidance makes it clear that officers can ask someone why they are in the border area, to help decide whether that person falls within the scope of the powers, before any formal examination begins. That is an important safeguard for an individual.

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