Clause 132 and Schedule 8 of the Anti-Social Behaviour, Crime and Policing Bill bring forward changes to the provisions in Schedule 7 of the Terrorism Act 2000 which allows travellers to be stopped, examined and detained at ports and airports to determine whether they are, or have been, concerned in the commission, preparation or instigation of acts of terrorism. Baroness Kennedy has tabled amendments which invite parliament to consider inserting a reasonable suspicion requirement into Schedule 7. This is in conjunction with amendments to the powers to compel people to answer questions and the reduction in the time limits on examination without detention, and on detention. The amendments and the justification for them are detailed in the attached briefing.
The Commission recognises the importance of stop and search powers as a tool for crime detection and prevention. We fully acknowledge that Schedule 7 forms a part of the UK's counter-terrorism strategy, put in place in order to protect individuals in ports and airports, and on key modes of transport that have been utilised by terrorists in the past and also to prevent to prevent terrorists progressing beyond their entry point. However, we share with others the view that the legal form and practical exercise of these powers should be compliant with equality and human rights legislation. We believe that these amendments will go some ways towards achieving compliance.
For a more detailed analysis please see our full briefing.
Last updated: 05 May 2016