Draft Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2026
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The Parliamentary Under-Secretary of State for the Home Department (Jo White)
I beg to move,
That the Committee has considered the draft Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2026.
It is a pleasure to serve under your chairmanship, Mr Twigg. The order provides for the continuation of the Secretary of State’s powers under the Terrorism Prevention and Investigation Measures Act 2011, otherwise referred to as TPIM powers. The continuation is for a further five years.
The Government take all necessary steps to protect the public. The threat we face from terrorism is enduring and evolving. It is vital that we have the tools necessary to keep our country safe, which include the powers conferred on the Secretary of State in the Terrorism Prevention and Investigation Measures Act 2011. These measures ensure that, to protect the public from a risk of terrorism, when prosecution or deportation are not possible the Secretary of State can impose specified restrictions and requirements on an individual involved in terrorism-related activity.
Section 21 of the Act states that the Secretary of State’s TPIM powers will expire at the end of five years from the date the Act was passed. Having been renewed twice in 2016 and 2021, those powers are due to expire at the end of 13 December 2026. Given the continuing threat to the UK from terrorism, there can be no doubt that TPIMs remain a vital component in the UK’s counter-terrorism toolkit. That position is supported by the independent reviewer of terrorism legislation, the Investigatory Powers Commissioner and the director general of the Security Service.
The Act provides the Secretary of State with powers to impose a TPIM notice on an individual if the conditions set out in section 3 of the Act are assessed by the Secretary of State to have been met. Those conditions include that she reasonably believes that the individual is, or has been, involved in terrorism-related activity, and that she reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to impose such measures on the individual.
In addition to the power to impose a TPIM notice, the Secretary of State has powers to extend and vary a TPIM notice that is in force, and to revive a TPIM notice that has been revoked. Since the introduction of the Act in 2011, 33 TPIMs have been imposed. As of the last published set of figures from June to August 2026, four TPIMs were in force.
TPIMs provide some of the most restrictive measures available in the democratic world. That is why they are used sparingly and only in exceptional cases involving individuals assessed to present the highest levels of terrorism-related risk, where prosecution, deportation or other disruptive measures would be insufficient to protect the public. There are also stringent safeguards, including that the Secretary of State must be satisfied that all conditions are met and apply to the Court for permission to impose the TPIM notice, except in cases of urgency. A TPIM notice is subject to a review hearing at which the Court reviews the Secretary of State’s decisions that the conditions were met and continue to be met. The Act also provides a right of appeal in relation to specified decisions taken after its imposition.
Having consulted as required by the Act, the Home Secretary has, due to the significant terrorist threat facing this country, decided to make this statutory instrument to provide for the continuation of TPIM powers for a further five years—the maximum period allowed in the legislation. The UK has one of the strongest counter-terrorism frameworks in the world, and the Government are committed to ensuring that it remains robust, to tackle the threat from terrorism and keep the public safe. TPIMs are an essential component of this framework, and their continued necessity has been endorsed through the statutory consultation the Department has undertaken.
Blake Stephenson (Mid Bedfordshire) (Con)
It is a pleasure to serve under your chairmanship, Mr Twigg. I thank the Minister for her comments and for extending the powers set out in the 2011 Act.
Protecting our country from terrorism is a central responsibility of Government. The public deserve to be safe from these heinous acts. Our commemorations this year marking 25 years since the 11 September attacks—the deadliest terrorist attack for British citizens in our history—should serve as a constant reminder of this solemn duty. Every attack, whether it is the Manchester Arena bombing, Lockerbie, 7/7, Omagh or an array of other dreadful attacks, should prompt us to pay tribute to all those who have lost their lives in the service of our country by dedicating ourselves to preventing such atrocities from happening again. [Interruption.]
Blake Stephenson
Stopping terrorism underpins everything we do in this place, as those who seek to alter our politics using violence fuelled by hateful ideology cannot be allowed to operate in our country. As the head of MI5 recently stated,
“The protection of democracy—its institutions, its representatives, its principles—has never felt more vital.”
While we look back, the past year is a reminder of the threat posed by terrorism at this very moment. The decision to raise the threat level to “severe” followed intelligence assessments and appalling attacks against members of our Jewish communities. I will be cautious about referencing specific recent cases that have involved people being charged and hostile states. However, to use just one example, earlier this year two Islamist extremists received life sentences, and a third received a prison sentence, for their role in a terrorist plot intended to target the Jewish community in Greater Manchester, which was foiled through the outstanding work of our police forces.
Against that background, I can say with certainty that we agree with the continuing use of the powers. They are serious powers, as the Minister said, and ones that must be used appropriately. When the renewal period for TPIMs was instituted, the late Conservative Minister James Brokenshire rightly noted the safeguards that the House continues to put in place when voting to renew the powers, but also recognised that they were sadly likely to continue to be necessary for the foreseeable future. Unfortunately, those comments remain accurate today.
These are serious, restrictive powers available to the Government. Therefore, I understand that they are rightly used sparingly as a tool of last resort, as the Minister outlined. According to the independent reviewer of terrorism legislation’s previous report, TPIMs were applied only 33 times between the introduction of the Act in 2011 and 2024, with only four active applications in the last quarter. While I would not want to ask the Minister to comment on specific cases, do the Government need to take a different approach given the increase in the terrorism threat level to our country?
As with all powers, some questions remain, including those arising from previous comments by the independent reviewer of terrorism legislation that were noted by the Secondary Legislation Scrutiny Committee. However, we must equally listen to the previous assessment of the independent reviewer, alongside the views of the Investigatory Powers Commissioner and the director general of the Security Service, all of whom have agreed that TPIM powers should be renewed.
When the renewal order for the powers was brought forward in 2021, the then Opposition rightly supported the Government’s efforts. Our support therefore continues in the same vein, recognising that it is imperative for all of us to ensure that the resources and powers necessary to protect the public are in place.
Edward Morello (West Dorset) (LD)
It is a pleasure to serve with you in the Chair, Mr Twigg. The Liberal Democrats support this statutory instrument, which extends the Secretary of State’s powers under the Terrorism Prevention and Investigation Measures Act for a further five years.
The Liberal Democrats opposed the previous control orders regime introduced in 2005 because indefinite house arrest, restrictions on internet access and forced relocation without a criminal trial raised serious concerns about human rights and civil liberties. TPIMs were introduced by the coalition Government to provide a more proportionate approach, balancing national security with individual freedoms. Allowing them to expire would remove an important capability for managing individuals who present the highest levels of terrorism-related risk. As the Minister highlighted, the extension is supported by the independent reviewer of terrorism legislation, the Investigatory Powers Commissioner and the director general of the Security Service. We therefore support the continuation of these powers.
Jo White
I thank all members of the Committee for being here today. We greatly appreciate the scrutiny provided on this important issue. If the Secretary of State’s TPIM powers were to expire, that would remove a critical counter-terrorism capability used to manage individuals who present a significant national security risk. Subject to the agreement of the House and the other place, the order will come into force at the end of 13 December.
The use of TPIMs must be necessary and proportionate. The tool is used as a last resort in circumstances where prosecution or deportation are not possible. The operation of the TPIM Act 2011 is subject to independent statutory review under section 20. The independent reviewer of terrorism legislation’s most recent report, “The Terrorism Acts in 2024”, was published on 29 April 2026 and is publicly available on gov.uk. The independent reviewer of terrorism legislation is currently Jonathan Hall KC, who supports the continuation of the TPIM Act 2011. His previous recommendations on TPIMs included amending legislation to prohibit a TPIM subject from possessing unauthorised weapons. That amendment was made under the Crime and Policing Act 2026.
I urge all Members to support this order to keep the public of the United Kingdom safe and retain the strength of our counter-terrorism framework.
Question put and agreed to.