§ Mr. McNamaraTo ask the Secretary of State for the Home Department on what date he appointed an484W independent reviewer for the operation of anti-terrorism legislation; in what manner the announcement was made; and what are the terms of reference for this post. [21117]
§ Mr. BlunkettLord Carlile of Berriew was appointed on 15 November in respect of the Terrorism Act 2000. The appointment was announced in response to a question by my hon. Friend the Member for Wirral, West (Stephen Hesford).
The reviewer's terms of reference are to review the working of the Terrorism Act 2000 considering whether (a) the Act has been used fairly and properly during the reporting period, taking into account the need to ensure that there are both effective powers to deal with terrorism and adequate safeguards for the individual; and consider whether any of the temporary powers in Part VII of the Act can safely be allowed to lapse, and
report to the Secretary of State in order that he can lay a report before both Houses of Parliament at least once every 12 months in accordance with section 126 of the Act".Some sections of the Anti-terrorism, Crime and Security Act 2001 amend the Terrorism Act 2000 and will be subject the same review provisions as that Act. It was announced during debate at Second Reading that the provisions relating to the detention of international terrorists would also be reviewed by the Terrorism Act reviewer.
§ Mr. RammellTo ask the Secretary of State for the Home Department if he will make a statement about the use of powers under the Anti-Terrorism, Crime and Security Act 2001. [25156]
§ Mr. BlunkettEarlier today, on the basis of certificates I signed under part 4 of the Act, following careful and detailed consideration, the Immigration Service detained eight foreign nationals whom I suspect to be international terrorists. They were detained earlier today and will be held in secure prison accommodation. I shall not disclose their names unless they themselves first do so.
Part 4 of the Act gives me powers to issue a certificate in respect of someone whom I believe to be a risk to national security and suspect to be an international terrorist. The Act also gives powers for his deportation and, where his removal or departure from the United Kingdom is prevented (whether temporarily or indefinitely) for his detention.
A person detained has the right to apply for bail to the Special Immigration Appeals Commission, which is a superior court of record under the Act. He may also appeal to the Commission to have the certificate cancelled. In these circumstances it would be inappropriate for me to comment further. A person detained is free to leave the United Kingdom at any time.
I shall continue to keep the exercise of the powers in Part 4 of the Act under close review.