Since 11 September 2001 successive Governments have grappled with the problem of how to deal with terrorist suspects who can neither be prosecuted nor deported. The last Government first introduced the Anti-terrorism, Crime and Security Act in November 2001. This legislation effectively introduced detention without trial for foreign terrorist suspects who could be held pending deportation even when that deportation was unlikely ever to happen. In 2004 the Law Lords struck down those powers.
We later had the extraordinary spectacle of the attempt to increase the period of pre-charge detention to 90 days, which was rightly defeated by Parliament, and in 2005 the last Government introduced control orders, but control orders too, as my hon. Friend the Member for Northampton North (Michael Ellis) has said, were steadily eroded by the courts. Three control orders were quashed because the courts said they were wrong in principle, two control orders were revoked because the courts directed that they were no longer necessary, and three control orders were revoked because the previous Government felt they were unable to make the disclosures ordered by the court. All those individuals were then freed from their controls.
Does what the right hon. Lady has just described not show that the judicial oversight of control orders was actually working?
I have to say that that is an ingenious argument to make in support of the hon. Gentleman’s Front Benchers, but what it shows is that the courts were giving a very clear message about aspects of control orders. What we needed was a regime that was legally viable and would command the confidence of the police and security services, and TPIMs have been consistently endorsed by the courts, two successive independent reviewers of counter-terrorism legislation, the police and the Security Service. They provide some of the strongest restrictions available in the democratic world and some of the strongest possible protections that our courts will allow. We now have a strong and sustainable legal framework to handle terrorist suspects whom we can neither prosecute nor deport.
I am beginning to have a concern that, as a result of the outcry because people have absconded from the TPIMs regime, the Government will in future be reluctant to use the TPIMs powers. Will the Home Secretary confirm that if there are people who pose a serious security risk to this country, the Government will continue to use the TPIMs powers, although they are considerably weakened in my view, to try to protect the people of this country?
The TPIMs remain on the statute book. They remain there as an option; they are an option for the Security Service and the police to look at in relation to any individual and to bring forward to the Secretary of State for determination and then through the court process, which the right hon. Lady knows is in place.
Some of us come from the “lock ’em up and throw away the key” brigade on a lot of these matters, but will the Home Secretary take this opportunity to spell out the additional measures, which she has referred to, that will convince us that what will be put in place will be stronger, better and give us more security?
If the hon. Gentleman has a little patience, I shall refer to some of the other measures we have taken a little later on in my speech, but first I want to address the issue of funding.
As part of the TPIMs package, we provided additional funding to the Security Service and the police of tens of millions of pounds a year to help keep the public safe. For obvious reasons, I cannot go into detail on how that money was spent, but I can assure the House that it has significantly strengthened the police and the Security Service’s surveillance and counter-terrorism capabilities.
We followed that up by increasing spending on the security and intelligence agencies, most recently also protecting counter-terrorism policing budgets in the 2015-16 spending round. The police and Security Service made it clear that the move from control orders to TPIMs, combined with the additional funding for counter-terrorism, would not substantially increase overall risk. In fact, I can tell the House that the police and Security Service believe that TPIMs have been effective in disrupting the individuals subject to TPIMs and their networks.
Did the Home Office not fail to confiscate Mohammed Ahmed Mohamed’s passport when he was subject to a TPIM? Surely that is not a secure system.
As the hon. Gentleman knows, and as I made clear to the House following the statement I made on that individual, when that individual returned to the United Kingdom he did so on a document that was not a passport, and therefore the passport was not available to be taken.
Let me deal with the specific points raised by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). Anyone listening to her would sometimes think that the control order regime would have solved every terrorist plot, but as well as the eight people released when the courts revoked their orders, another seven people absconded during the six years that control orders existed, and only one of those seven was ever found again, so people did abscond on control orders.
One of the central differences between control orders and TPIMs that the right hon. Lady has not mentioned so far is the issue of relocation. Nobody absconded from relocation, and she cannot claim that she abandoned relocation because of orders from the courts, because the courts generally were supportive of relocation.
I was about to answer the point that the right hon. Gentleman has just made. When I refer to the seven absconds that took place under control orders, the answer that I always get from Opposition Members is about this issue of relocation. What neither he in his intervention, nor the right hon. Lady in her speech tell us is that forced relocation was struck down by the courts in four control order cases, including those of two individuals who were subsequently placed on TPIMs. The right hon. Lady also does not say that several control order subjects breached their control orders even while they were relocated, so the idea that relocation would prevent orders being breached is simply not correct. When the Metropolitan Police Commissioner was asked whether the removal of the option for relocation would have had any bearing on the case of Ibrahim Magag, in particular, he answered:
“we do not think so”.
What about the point made by David Anderson in his latest review? He says:
“The possibility of relocation has now been removed. That step was not required by the courts …which had indeed shown themselves generally supportive of relocation as a deterrent”
to terrorism.
I am grateful to the hon. Gentleman for mentioning the independent reviewer of terrorism legislation, because David Anderson has consistently said:
“The only sure way to prevent absconding is to lock people in a high security prison.”
As I said at the beginning of my speech, that option, without charge or prosecution, has already been struck down by the highest courts in the land.
The Home Secretary has not answered the point raised by my hon. Friend the Member for North Durham (Mr Jones). He specifically said that the independent reviewer has said:
“The possibility of relocation has now been removed. That step was not required by the courts …which had indeed shown themselves generally supportive of relocation as a deterrent”
to terrorism-related activity. The Home Secretary has just claimed that the Government had to get rid of relocation because it kept getting struck down by the courts, but the independent reviewer has said the complete opposite. He has said that the courts supported the principle of relocation. Will she now make clear her view: does she simply think the independent reviewer is wrong or will she now withdraw her previous comments?
I will repeat precisely what I said a few minutes ago, which is that what the right hon. Lady never tells this House is that forced relocation was struck down by the courts in four control order cases. The point is that she and others speak about relocation in this House as if it was never queried, but it was; in four cases it was struck down.
Will the Home Secretary clarify whether the principle was objected to by the courts?
What I have made clear is that the courts struck down forced relocation in a number of cases. That is a fact that the shadow Front-Bench team never put before this House.
The Opposition’s motion also raises a number of other issues, as the right hon. Lady did in her speech, so let me start by addressing the issue of the two-year time limit. Again, the Opposition do not tell us the whole story. If the police or Security Service observe any of those individuals engaging in new terrorism-related activity, they can apply to have a new TPIM placed on that subject. That is something that is entirely open to them. Besides, people coming off restrictions is nothing new. Convicted prisoners serve their sentences and are released every day. Opposition Members can say what they like, but that also includes people convicted under the Terrorism Acts.
It would help the House enormously if the Secretary of State could confirm now whether she is prepared to look at the recommendation from David Anderson that at the end of a TPIM there be some power similar to licensed conditions when people are released from prison, so that at least there is some mechanism for making these people engage with the authorities, whether it is the National Offender Management Service or the probation service. There needs to be some vestige of control over those people’s activities.
I will come on to those points about individuals in general and individuals who are coming off TPIMs. As I have said, if individuals have been conducting new terrorism-related activity, it is perfectly possible for a new TPIM to be established and for a request to be made for that TPIM to be applied to those individuals.
The Opposition can say what they like about the issue of the two-year time limit, but I suggest that the fact that people are released having been convicted under the Terrorism Acts suggests that there are people released on to our streets who have been involved in acts of terrorism.
I am grateful to the right hon. Lady for giving way. Having been in her position, I remember what it is like trying to defend a very weak position. To compare people who are released from prison under terrorism legislation with people whose TPIM comes to an end is no comparison at all. Will she acknowledge that if someone is released from prison after serving a lengthy sentence for terrorism offences, they will be on licence and they are eligible to be recalled to prison straight away without any further court proceedings?
As my hon. Friends are saying from a sedentary position, there is a basic difference between the individuals: one set of individuals has been prosecuted, convicted and put in prison. The suggestion that somebody who has at some stage been involved in terrorism activity is never allowed to be released on to the streets is not correct, yet that is the impression that the Opposition sometimes give. In their comments on control orders, they fail to concentrate on the fact that 43 people who were on control orders came off their restrictions. That may have been because the orders were allowed to expire or they were revoked or quashed by the courts, or people may have absconded. As I have said, even before TPIMs were introduced, the courts would simply not allow people to be parked permanently on control orders. When the Commissioner of the Metropolitan Police was asked whether he had concerns about time limits, he said, “I do not think so.”
It has come to something when the Tories are having to lecture Labour on civil liberties. Why does the right hon. Lady not just test the evidence? Why does she not make sure that those who are on TPIM orders are taken to the courts so that the courts can decide? Surely that is what we do in a democratic society.
We take individuals to court where it is possible and where there is evidence on individuals to prosecute them for crimes under the Terrorism Acts. The court is then able to make those decisions. The issue is what does society do with the individuals we are not able to deport or to prosecute. The Government took the decision at an early stage that we introduce TPIMs and give them a two-year time limit. That matter was debated and discussed in this House.
I am grateful to the Home Secretary for giving way. Further to the point raised by the hon. Member for Perth and North Perthshire (Pete Wishart), can she confirm on how many occasions the First Minister of Scotland or Scottish Ministers have lobbied her, expressing concerns about this or any future arrangements?
I am happy to say to the hon. Gentleman that these matters of security are reserved matters for us here in Westminster. I have not looked at the debate on these issues in Hansard, but I would not be surprised if the hon. Gentlemen from Scotland or indeed Northern Ireland took part.
I will now make some progress. On the specific cases, the police and Security Service have now been working for some time to put in place tailored plans to manage each individual once their TPIM restrictions are removed. Those plans, which are similar to those put in place for the release of prisoners who have served their sentences, are kept under constant review, and they are similar to the plans the police and Security Service use every day to manage other suspects who are not subject to restrictions.
I completely reject the suggestion that the Opposition are putting about that the police and Security Service have not carried out proper risk assessments of these individuals. They have done so because that is their job, and they have put in place specific, tailored plans to deal with each individual.
Will the Home Secretary spell out very clearly that this will not be like the licence system? When the Labour party was in government, hundreds upon hundreds of licensed prisoners—including mass murderers—were released from our jails in Northern Ireland. Those people were at large to commit crime and their licences were only revoked after they had committed another crime. That was not good management. Will she assure us that the management system that will be put in place will not be like the licence system?
The hon. Gentleman brings considerable experience of this matter to the House. As I said, the police and Security Service have been putting plans in place for those individuals who will come off TPIMs, and they are similar to the plans they use every day to manage other suspects who are not subject to restrictions.
I am going to make some progress as I have taken quite a few interventions.
We continue to believe that the best place for a terrorist is behind bars. As I have said, if the police and Security Service find any individual engaging in new terrorism-related activity, the police will seek to have them prosecuted. If that is not possible, it is open to the police and Security Service to recommend that a new TPIM notice should be imposed.
In response to an earlier intervention from the hon. Member for North Antrim, I said that I would talk about the new powers that we have introduced. We have not just given extra money to the police and Security Service; we have strengthened their powers. In April last year, in a written statement to the House, I explained how we would use the royal prerogative to remove passports from British nationals who we believe want to travel abroad to take part in extremist activity, terrorist training or other fighting. That has significantly enhanced the security services’ powers in this area and the prerogative has already been used on several occasions, helping to disrupt terrorist suspects who want to travel abroad to gain skills or contacts that they could use to plot attacks in this country.
In the cases of several of the six people expected to be released from TPIMs this month, the concerns raised were that they would travel abroad to be involved in terrorist activity. Can the Home Secretary tell us whether that power has been used to remove the passports of any of those who are coming off TPIMs this month?
The Home Secretary answered this question when she was asked about Mohammed Ahmed Mohamed, and specifically about his passport—she initially gave an incorrect answer to the Home Affairs Committee, which she then corrected. If she was prepared to answer a question about his passport, why is she refusing to answer legitimate questions about the attitude towards the passports of these suspects?
I should have thought that the right hon. Lady would have been able to distinguish between the information given to this House about the passport of Mohammed Ahmed Mohamed and the question of whether the royal prerogative has been exercised.
Given the conflict in Syria, powers to disrupt terrorist travel are now particularly vital. The UK already has some of the most robust and effective legislation in the world to deal with suspected terrorists and those suspected of engaging in terrorist-related activity, both in the UK and abroad. We will not hesitate to use every power at our disposal. If a terrorist suspect is a dual national, I will consider deprivation of their British citizenship, and the Government are considering strengthening our legal powers in that area. If a suspect is a foreign national, the Government can exclude them from the UK. This Government have excluded more foreign hate preachers than ever before.
We will further increase our efforts to remove foreign nationals from this country where they threaten our national security. After this Government finally secured the deportation of Abu Qatada—who was, of course, one of the original Belmarsh detainees—we introduced the Immigration Bill to make it easier for us to get foreign terrorist suspects out of our country. The Opposition failed to vote for that Bill on Second Reading.
As well as tackling foreign terrorist suspects, we are doing more to stop home- grown extremism. This summer, we saw events that shocked the nation, with the horrific killing of Drummer Lee Rigby in Woolwich and the murder of Mohammed Saleem in Birmingham. Last month the Prime Minister announced new measures to tackle extremism, with the outcome of the extremism taskforce, which was established in the wake of those tragic events. That built on the revised Prevent strategy, which we extended to cover all forms of extremism, including non-violent extremism. We have already had success in restricting extremist speakers. Many events with extremist speakers have been referred to the police, some have been disrupted, and in other cases, venues have been persuaded not to host speakers with extreme views.
That does not answer the central point. In January 2011, when introducing TPIMs, the Home Secretary said:
“there is likely to be a small number of people who pose a real threat to our security, but who cannot currently be successfully prosecuted or deported...no responsible Government could allow those individuals to go freely about their terrorist activities.”—[Official Report, 26 January 2011; Vol. 522, c. 307-8.]
In relation to the five or six people who will be released, what assurance can she give to Parliament that they will not now go about their terrorist activity?
The right hon. Gentleman is correct in saying that there are some people whom it is not possible to deport or prosecute. That is the sentence I opened my speech with. That is precisely why we have the TPIM measures as possibilities to be used for certain individuals.
In addition to the other measures I have spoken about, more than 21,000 items of illegal terrorist content have been taken down from the internet. As I have mentioned, we have excluded more preachers of hate from this country than ever before. While some Labour politicians positively welcomed the likes of Yusuf al-Qaradawi to London, under this Government foreign hate preachers are not welcome here.
We are stopping terrorist suspects travelling abroad, we are depriving them of the option of coming back, we are deporting foreign terrorist suspects and we are doing more to tackle home-grown radicalisation.
The Home Secretary has not answered the basic question about whether these six men still pose a risk. Let me ask her about one of them, the man known as CD. She has told us plenty about him before and has said plenty to the courts. She told us plenty about Magag and Mohamed. Why does she not simply tell us now whether she believes that CD still poses a risk that he will pursue terrorist-related activity—yes or no?
I have made it clear to the right hon. Lady and to the House that of those individuals who are coming off their TPIMs, the police and the Security Service have made a proper risk assessment and have put in place measures to ensure that they are dealing with those individuals in the way that they believe is appropriate. Those are decisions that they take.
I am grateful for the Home Secretary’s patience. I am sorry to try it, but I really do not think that she has answered the question from my right hon. Friend the shadow Secretary of State. She was asked whether she believes that CD currently represents a threat. She responded by saying that an assessment was carried out. That is not the answer. Does she believe that CD poses a threat to the public safety of this country?
I recognise that quite a few hon. Members, possibly including the hon. Gentleman, want to speak in the debate and time is pressing. For every individual who comes off a TPIM, an assessment is made of the risk that they pose. That assessment is properly made by the police and Security Service, and that is a decision that it is right for them to make. They put into place the appropriate measures that they believe are right in order to deal with those individuals, as they do—as I have said—with other suspects, other people who are of concern, people who have not been on TPIMs or control orders.
The other issue is ensuring that we have successful prosecutions. There have been some notable recent successes. In the year to 30 June 2013, 40 individuals were convicted for terrorism-related offences, under both the Terrorism Acts and non-terrorism legislation, and a further 15 defendants were awaiting trial on 30 June 2013.
Those convicted include Irfan Naseer, Irfan Khalid and Ashik Ali, from the Birmingham area, who were convicted in February 2013 of offences including: travelling to Pakistan for training in terrorism; collecting money for terrorism; assisting others to travel to Pakistan for training in terrorism; recruiting others for terrorism; and planning a bombing campaign, which was assessed to be potentially on a scale greater than the 2005 London bombings. Naseer was sentenced to life imprisonment for each count and will serve a minimum term of 18 years. Irfan Khalid received a sentence of 23 years. Ashik Ali received a sentence of 20 years.
On 30 April 2013 six men, also from Birmingham, pleaded guilty, following a police investigation, to preparing acts of terrorism. They had intended to attack an English Defence League rally in Dewsbury using a home-made improvised explosive device and various other weapons. Three of the men were sentenced to 19 years and six months, and the other three were sentenced to 18 years and nine months.
We should not forget that we must also tackle the threat from far-right extremism. Last year the police arrested Pavlo Lapshyn, who pleaded guilty to the murder of Mohammed Saleem in April 2013 and IED attacks on three mosques in the west midlands. He received a life sentence with a recommended minimum tariff of 40 years. Unlike the Labour party, which was content for convicted terrorists to be released halfway through their sentence, this Government have proposed that those convicted of serious terrorism offences should no longer be automatically released at the halfway point of their sentence without an assessment of their suitability for release.
To keep us all safe, our police and security services do exceptional and often dangerous work every day. I am sure that the whole House will join me in paying tribute to their skill, courage and dedication. TPIMs are just one weapon in the considerable armoury of powers at their disposal. But the Government have shown that we are committed to doing all we can to support the police and Security Service in tackling the threats we face. That is why we have enhanced our powers to disrupt terrorist travel, we will help deport foreign terrorist suspects, and we have given the police and the Security Service tens of millions of pounds in extra funding each year. The police and the Security Service do a tremendous job in keeping our country safe. Rather than questioning their work, we should be supporting them with the powers and resources they need. That is why the Opposition’s motion deserves to fail.
Let me say at the outset that this Government regard protecting the British public from terrorism as absolutely one of the most important functions of the state. I stress the seriousness and weight that the Home Secretary, other Ministers and I attach to the exercise of these powers, and therefore the careful consideration that we give to them.
We have been consistently clear that violence and extremism of all kinds have no place in today’s society. We believe that individuals who engage in terrorist activity should be prosecuted wherever and whenever possible. The right place for terrorists is behind bars. In that context—I am sure that this will be supported by Members in all parts of the House—I recognise and pay tribute to the work of the police and the security services in protecting the security of our country and pursuing those who would seek to do us harm.
However, where individuals who pose a threat to this country and its people cannot be prosecuted or deported, we need powerful measures that can help manage the risk. My hon. Friend the Member for Gainsborough (Sir Edward Leigh) made that point clearly. That was exactly why we took stock and reviewed the control orders that the previous Government had used. Despite what a number of Members have said today, it was clear to us that control orders were not working as they were intended to.
During the six years for which control orders existed, seven people absconded. Moreover, they were being steadily eroded by the courts. A total of eight were either quashed or revoked because they were thought wrong in principle, because they were believed no longer to be necessary or because the previous Government were unable to make a disclosure ordered by the court. Furthermore, in four cases the relocation of individuals subject to control orders was quashed. That was why we judged that the state of affairs was untenable. The British public rightly expect protection from dangerous individuals, and we needed a robust system that would provide effective and workable restrictions. We therefore ordered a lengthy and considered review of our counter-terrorism powers against the risk that then existed.
We judge that TPIMs have proved effective and workable. They have consistently been upheld by the courts, they have been endorsed by two separate independent reviewers of counter-terrorism legislation and they have the confidence of the police and the Security Service. To quote David Anderson, they are a “harsh measure” that provide some of the toughest controls possible in the democratic world. They provide for a comprehensive range of restrictions that can be placed on terror suspects, including daily reporting; overnight residence at a specified address; a ban on overseas travel; the wearing of a global positioning system tracking tag; limits on the use of telephones, computers and financial services and on association; and exclusion from specific places such as ports and airports. They give the police certainty about how individuals will be managed. In his first annual report on TPIMs, David Anderson stated:
“In terms of security, the TPIM regime continues to provide a high degree of protection against untriable and undeportable persons who are judged on substantial grounds to be dangerous terrorists”.
The right hon. Gentleman needs to understand—I am sure he will recognise this, as a former Home Secretary—that we need to focus on the management of dangerous offenders’ exit strategies and how they are released. As the Home Secretary made clear, the courts struck down relocation on a number of occasions. Our concern has been, and always will be, about having a continuing arrangement to provide assurance about the management of such offenders. Most importantly, the police and the Security Service, whose opinions are after all the ones we should listen to on the subject, say that TPIMs have been effective in disrupting individuals and networks that pose a threat to this country’s security. As my right hon. Friend the Home Secretary made clear, however, they are only one weapon in the fight against extremism and terrorism.
The right hon. Gentleman and other Labour Members have implied that, in essence, the measure was a silver bullet and the solution, but that absolutely was not the case. The courts have challenged relocation in individual cases, and it is therefore important for us to reflect on that in the management of those individuals.
As my colleague the Home Secretary has made clear, TPIMs are only one weapon in our fight against extremism and terrorism. They are used only in exceptional circumstances as part of measures designed to disrupt a person’s activities—in other words, part of the bigger picture that my hon. Friend the Member for South Swindon (Mr Buckland) mentioned. Alongside TPIMs, the Government provided additional funding of tens of millions of pounds a year to the Security Service and the police, substantially increasing their surveillance and counter-terrorism capabilities. In addition to TPIMs, a range of tough measures are in place to disrupt the activities of people engaged in terrorist activities, and prevent people from becoming radicalised.
We are using the royal prerogative to remove passports from British nationals whom we believe want to travel abroad to take part in terrorist and extremist activity, and who on their return would pose a threat to this country. We have strong controls in place at British ports, and the National Border Targeting Centre is able to check advance passenger information provided by carriers, and identify any known persons of interest who intend to travel. We have the power to exclude extremists and preachers of hate from coming to this country, and where necessary we may consider the use of other disruptive powers, including deprivation of British citizenship where an individual is a dual national and the Home Secretary determines that such action is conducive to the public good.
I will give way briefly as I have only a couple of minutes.
I am grateful; the hon. Gentleman has a couple of minutes to tell Parliament what it needs to know. In the judgment of the Home Secretary, which of the six people who will be released from their TPIMs, and who were considered so dangerous that they needed to have those restrictive measures, still pose a security threat?
As the Home Secretary made clear, and as I said in my contribution this afternoon, the police and the Security Service have stated that TPIMs have been effective in reducing the risk associated with those individuals. The right hon. Gentleman, and others, have sought to make a point about the risk assessments. Those have been made but they are an operational matter for the police and the Security Service. It would seem that right hon. and hon. Members are seeking to have information disclosed on the Floor of the House that could make it that much harder for the police and the Security Service to do their job of protecting this country.
The Terrorism Prevention and Investigation Measures Act 2011 provides for the appointment of an independent reviewer of the operation of that Act, and for that reviewer to report annually on the outcome of that review. David Anderson has been appointed to perform that function and reviews all TPIM cases. No doubt he will cover those coming off their TPIMs in his annual report.
We are returning dangerous foreign nationals who have no right to be here back to their home countries through deportation with assurances, just as we did with Abu Qatada last July—something the previous Labour Government failed to do. We are working to do more than ever to stop people becoming terrorists or supporting terrorism. I am clear that the best place for a terrorist is in a cell, and those who endanger lives and threaten our national security deserve to receive long sentences. Unlike under the Labour party, which was content for convicted terrorists to be released halfway through their sentences, under new proposals, criminals convicted of serious terrorism offences and who receive a determinate sentence will no longer be automatically released at the halfway point of their prison sentences without any assessment.
claimed to move the closure (Standing Order No. 36).
Question put forthwith, That the question be now put.
Question agreed to.
Main Question accordingly put.