Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2021
(Limited Text - Ministerial Extracts only)
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Baroness Williams of Trafford
That the draft Order laid before the House on 12 July be approved.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con) [V]
My Lords, this Government are committed to taking all necessary steps to protect the people of this country. Tackling terrorism in all its forms is a critical part of that mission. The threat level in the UK, which is set by the independent Joint Terrorism Analysis Centre, remains at “substantial”, which means that a terrorist attack in our country is likely.
Terrorism by its nature is a fluid and changeable threat. It is therefore right that the Government continuously consider whether new action is necessary, adapting our response to the evolving picture. The concerns that this Government have regarding extreme right-wing terrorism are well documented. The use of these hateful ideologies to prey on young and vulnerable people is utterly abhorrent, and we have a responsibility to do everything in our power to crack down on such activity.
The threat posed by terrorist organisations varies, depending on the group’s ideology, membership and ability to train members. Some groups focus on radicalising, and promoting and encouraging terrorism, and some prepare and commit terrible acts of violence against innocent members of the public. Terrorist groups can now recruit, radicalise and train individuals from a distance, distributing terrorist material at the click of a button. The use of the internet for these purposes has had a huge impact on the threat and the way that we respond to it.
We have a duty to our allies, as well as to our own people, to tackle groups that inspire and co-ordinate international terror. While we can never entirely eliminate the threat from terrorism, we will always do all that we can to minimise the danger that it poses and to keep the public safe. Some 77 terrorist organisations are currently proscribed under the Terrorism Act 2000. Thanks to the dedication, courage and skill of counter- terrorism policing and our security and intelligence services, most of these groups have never carried out a successful attack on UK soil. Proscription is a powerful tool for degrading terrorist organisations, and I will come on to explain the impact that it can have shortly.
The group that we now propose to add to the list of proscribed terrorist organisations, amending Schedule 2 to the Terrorism Act 2000, is the Base, a predominantly US-based militant white supremacist group. The group’s actions, such as seeking to train members in weapons and explosives, along with an ideology which aims to divide communities and stir up hatred, are entirely contrary to our values.
It may be helpful for me to provide some background on the proscription power. Under Section 3 of the Terrorism Act 2000, the Home Secretary has the power to proscribe an organisation if she believes that it is currently concerned in terrorism. If the statutory test is met, the Home Secretary may then exercise her discretion to proscribe the organisation.
The Home Secretary considers a number of factors in considering whether to exercise this discretion. These include—and are relevant for this group—the nature and scale of an organisation’s activities and the need to support other members of the international community in tackling terrorism.
The effect of proscription is to outlaw a listed organisation and ensure that it is unable to operate in the UK. It is designed to degrade a group’s ability to operate through various means, including: enabling prosecution for the various proscription offences; supporting take-downs of online material associated with the group; underpinning immigration-related disruptions, including excluding from the UK members of groups based overseas; and making it possible to seize cash associated with the organisation.
It is a criminal offence for a person to belong to, support or arrange a meeting in support of a proscribed organisation. It is also a criminal offence to wear clothing or carry articles in public which arouse reasonable suspicion that an individual is a member or supporter of a proscribed organisation. The penalty for proscription offences is a maximum of 14 years in prison and/or an unlimited fine.
Given its wide-ranging impact, the Home Secretary exercises her power to proscribe only after thoroughly reviewing the available evidence on an organisation. This includes open-source material, intelligence material and advice that reflects consultation across government, including with the intelligence and law enforcement agencies. The cross-government proscription review group supports the Home Secretary in her decision-making process. The Home Secretary’s decision to proscribe is taken only with great care and after consideration of the particular case, and it is appropriate that it must be approved by both Houses.
Having considered all the evidence, the Home Secretary believes that the Base is concerned in terrorism and that the discretionary factors support proscription. Noble Lords will know that I am unable to comment on specific intelligence, but I can provide the House with a summary of the group’s activities.
As I have said, the Base is a predominantly US-based, militant white supremacist group that was formed in 2018. It draws influence from a collection of essays by prominent national socialist James Mason that advocate the use of violence to initiate the collapse of modern society through a race war and the subsequent creation of a white ethno-state. This ideology is known as accelerationism.
The Base has links with other internationally based national socialist groups, such as Atomwaffen Division, which was proscribed by this Parliament in April, along with some individuals, and it seeks to provide training, guidance and networking.
The Base almost certainly prepares for terrorism. While it outwardly seeks to promote itself as a self-defence and survivalist group, and refutes any claims that it is involved in terrorist activity, the training that it provides is highly likely to be paramilitary in nature and preparatory to offensive action. This training would almost certainly enhance the intent and capability of trainees to conduct terrorist acts. Members of the Base have engaged in weapons and explosives training.
The Base has almost certainly promoted or encouraged acts of terrorism and elements of its membership will almost certainly continue to do so. In late 2017 the group’s founder released a series of videos that cover topics such as lone-wolf activity and leaderless resistance, and advocate guerrilla warfare.
It is essential that our strategy to counter terrorism allows us to tackle the full spectrum of activity. This includes confronting the threat from groups that prepare for acts of violence and mass murder and unlawfully glorify horrific terrorist acts, so that they are prevented from stirring up hatred and division in our communities.
When groups without a physical presence in the UK are proscribed, particularly groups like the Base, it is important to consider the wider impact that proscription has. Proscription of the Base will aid the police in their work to disrupt the threat that extreme right-wing terrorist groups pose to our national security by supporting efforts to remove online content associated with this group. It will build on the robust action that the Government have already taken in proscribing National Action, Sonnenkrieg Division, Feuerkrieg Division and Atomwaffen Division. Proscription sends a strong statement that the ideology of such groups is unacceptable in the UK, and that the UK is a hostile environment for extreme right-wing terrorism.
Our message is clear: we will always take every possible action to counter the threat from those who hate the values that we cherish. The safety and security of the public is our number one priority. I therefore commend this order to the House.
Baroness Williams of Trafford (Con) [V]
My Lords, I thank all noble Lords who have taken part in this debate. Just to go to a general point, a decision to proscribe must be based on evidence that a group is concerned in terrorism, as defined by the Terrorism Act 2000, and it must be proportionate.
The noble Lord, Lord Paddick, challenges me on why we are making this decision to proscribe now. Decisions on whether and when to proscribe a particular organisation are taken after extensive consideration and in light of a full assessment of available information. It is important that the decisions we take are based on robust evidence and do not adversely impact on any ongoing investigations, and, in order to keep the public safe, it is not appropriate for us to discuss any specific intelligence that led to the decision to proscribe. I know that will frustrate the noble Lord, but that is the situation.
The PRG operates as a cross-government group that supports the Home Secretary in her decision-making. It makes recommendations and provides advice to the Home Secretary on issues relating to the implementation of the proscription regime, including on the case for proscription name-change orders and consideration of deproscription applications. We do have several horizon-scanning processes in place to ensure we can tackle emerging threats. It might frustrate noble Lords, but, with those things in place, I think my right honourable friend the Home Secretary makes the right decisions at the right time, based on the evidence available to her.
As for meeting the honourable Member for Barnsley East, I have written to her—perhaps she has not got my letter yet. I am pleased that she is keen on this agenda.
I join the noble Lord, Lord Ponsonby, in his praise for the CT police and the security intelligence services. As he says, because of their work, we have not seen a major attack in this country. I join the noble Lord also in his concern about the vulnerability of young men who may be sucked into such organisations while they are impressionable and, as he said, young.
I would also like to refute the point made by the noble Lord, Lord Paddick, about the Government not standing up to racism. I speak for myself: I do not think anyone would ever accuse me of that, and I am part of this Government. My right honourable friend the Home Secretary has herself been, on many occasions, the victim of trolling and racism online. I have seen some pretty horrific things said about her. The Prime Minister, only yesterday, talked about the very stern action he was going to take to tackle racism in football.
I totally agree with the noble Lord, Lord Bhatia, that a large portion of the Muslim community does not agree with terrorism. Not only do Muslims make a great contribution to this country, but Islam is a religion of peace and Muslims, I might say, are often the victims of terrorism rather than the perpetrators.
I think I have answered all questions and I beg to move.