§ Lord ORR-EWINGMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
The Question was as follows:
To ask Her Majesty's Government whether they have now considered the report by Justice concerning passports and what action they plan to take.
§ The MINISTER of STATE, FOREIGN and COMMONWEALTH OFFICE (Lord Goronwy-Roberts)My Lords, this report is being studied, but my right honourable friend the Secretary of State for Foreign and Commonwealth Affairs has not yet had an opportunity to consider the proposals.
§ Lord ORR-EWINGMy Lords, while thanking the noble Lord for activating a serious and, I hope, urgent study of this matter, may I ask whether he is mindful that this report by Justice came out in 1974? It seeks two principal points: "That, in principle, executive actions should be reviewable by judicial process." Secondly: "There is a basic human right or civil liberty, namely, freedom of movement, with which the passport is intimately associated." There is some anxiety—it does not matter what past Governments have done—that we ought to review this. Perhaps it will take a long time to consider everything in this report, but on a short-term basis, ought we not to consider the human liberties which are at risk and make sure that all facts are known when passports are confiscated by the authorities?
§ Lord GORONWY-ROBERTSMy Lords, the noble Lord has made such 1880 an impressive speech that I was half expecting him to indicate that he would explore alternative Parliamentary procedures in order to give proper consideration in this House to this important and rather detailed matter. What he has said is perfectly true. As I have indicated, we are studying all those aspects of the matter very carefully indeed.
§ Baroness EMMET of AMBERLEYMy Lords, may I ask the Minister a question which I asked earlier and to which he said he would let me have an answer? To whom does the passport belong? Does it belong to the person or the Government? It would be a good thing to clear up that point.
§ Lord GORONWY-ROBERTSMy Lords, it is indicated on the passport that it belongs to the Crown.
§ Baroness EMMET of AMBERLEYMy Lords, with due respect to the Minister, I have just read my passport and it does not say so.
§ Lord GORONWY-ROBERTSMy Lords, in that case I hesitate to ask the noble Baroness to put down yet another Question. Perhaps she may put the Question or give me the answer after Question Time today.
Lord HATLSHAM of SAINT MARYLEBONEMy Lords, while nobody would wish to press the noble Lord's right honourable friend, so soon after his appointment, to come to a rapid conclusion, will he bear in mind that there are important legal and constitutional questions which need to be solved and cannot and ought not to be indefinitely delayed?
§ Lord GORONWY-ROBERTSMy Lords, I am most grateful. This report, emanating from an organisation of the highest repute, is being studied very carefully. In indicating that that is so, of course I cannot anticipate any decisions to which my right honourable friend may come.
§ The Earl of KIMBERLEYMy Lords, in view of the gravity of the Question this afternoon, would Her Majesty's Government seriously consider giving time for a full debate on this matter?
§ Lord ORR-EWINGMy Lords, before the noble Lord answers that question, may I say—
§ Lord GORONWY-ROBERTSMy Lords, so far as I am concerned, I would be perfectly prepared to allow the noble Lord to say what I thought he was going to say; namely, that the resources of Parliamentary procedure are not exhausted by Question Time.
§ Lord ORR-EWINGMy Lords, is the noble Lord aware that that was exactly what I was going to say? I feel this is a subject of such wide interest that it merits a debate—either an Unstarred Question or a short debate—so that all sections of the House can probe further and draw attention to some of the anomalies which currently exist. Is the noble Lord aware I will seek to raise the matter in some form or other early in May?
§ Lord MONSONMy Lords, could the noble Lord confirm categorically that, under existing legislation, any person is at complete liberty to leave the country at any time provided that he can produce some valid form of identification, which need not be a current passport, in order to prove that he is not wanted by the police in connection with a criminal offence?
§ Lord GORONWY-ROBERTSMy Lords, I must resist the temptation to engage in any detailed discussion on this matter. The noble Lord who raised this Question today and a few weeks ago has indicated that he would like to give the House and the Government an opportunity of going into it in detail on an appropriate occasion.