Lord Lester of Herne Hill – 2016 Parliamentary Question to the Home Office

The below Parliamentary question was asked by Lord Lester of Herne Hill on 2016-02-22.

To ask Her Majesty’s Government what steps they plan to take, if any, in response to the Court of Appeal’s declaration, in relation to the case of David Miranda and the safeguarding of journalistic material, that Schedule 7 to the Terrorism Act 2000 is incompatible with Article 10 of the European Convention on Human Rights.

Lord Bates

The Court of Appeal’s judgment in the Miranda litigation dealt with Schedule 7 to the Terrorism Act 2000 as in force at the time of David Miranda’s examination, which took place in August 2013. In March 2015, the Home Office updated the Code of Practice for Schedule 7 Examining and Review Officers to direct that examining officers may not examine material they reasonably believe to be journalistic using Schedule 7. Given this amendment, the government considers that Schedule 7 as currently in force is compatible with Article 10 of the Convention.