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Lord Cameron of Lochiel (Con)

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, I rise again on behalf of the Official Opposition to speak to these regulations and again offer broad support to the Government for them. The powers allowing individuals to be stopped, questioned, searched and detained without suspicion are among the most intrusive the state can exercise. As a result, they must be governed by clarity, oversight and restraint. Several changes in the revised codes are sensible: clarification around notification, consular access and the distinguishing of counterterrorism from public order policing are all welcome. But clarity must not be mistaken for accountability. We particularly welcome the firm statement that Schedule 7 should not be used for public order policing: a point developed by the Minister just now. However, the distinction between protest and terrorism remains finely drawn and places significant judgment in the hands of front-line officers, so can the Minister confirm how updated guidance is being communicated to those officers? Can we have an assurance that previous instances of disproportionate use will not recur? On the consultation itself, I will raise one concern: only one formal written response was received. While engagement with front-line officers is useful, it is not a substitute for wider consultation with civil society, legal experts and those most affected. Does the Minister agree that more could and should have been done to seek broader perspectives during the consultation? I will ask about Northern Ireland. The revision clarifies the use of preparatory powers near the border, yet this sits awkwardly with the Independent Reviewer’s recommendation that Schedule 7 powers be abolished in that context. Will the Minister outline the Government’s current view on the necessity and proportionality of Schedule 7 in Northern Ireland and whether any future appeal remains under consideration? Finally, the IOPC proposed several changes to improve transparency and clarity, some of which have not been accepted. Can the Minister explain why not? Will the Government take forward the IOPC’s recommendation to monitor and analyse the use of these powers to help identify any patterns of disproportionate impact? In conclusion, these revisions are largely clarificatory, but the powers themselves remain expansive and their use must be continuously scrutinised. We support improvements that enhance transparency but urge the Government to remain vigilant, to engage widely and to ensure that the powers are exercised proportionately.

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