Counter-Terrorism and Sentencing Bill (Fifth sitting)
Chris Philp ExcerptsThursday 2nd July 2020
(4 years, 5 months ago)
Public Bill CommitteesRead Full debate Counter-Terrorism and Sentencing Bill 2019-21 View all Counter-Terrorism and Sentencing Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 2 July 2020 - (2 Jul 2020)
Alex Cunningham
The hon. Lady is right up to a point, but some of the people under discussion will not have been responsible for killing people. A lot of them are covered by the charge of plotting, and there is the new range of terrorist offences. The crimes to which she refers are already covered by legislation. People who commit such terrible crimes are already subject to a life sentence, so in this particular situation we are talking about a different category of people.
I was saying that we need to understand what these changes mean for offenders, the Prison Service and society. For example, does the necessary amount of specialist prison provision required to incarcerate these offenders actually exist? That is not just about the number of prison places; it is about having the expertise available to manage and engage these offenders. We heard a lot of evidence from Mark Fairhurst about the need for proper provision and the fact that, at the moment, we have only one centre to deal with these particular terrorists. We are supposed to have three such centres, but we do not yet know when the Government will come forward and tell us when the new centres will be up and running.
What are the Minister’s proposals for housing younger offenders? Again, we need the prison places, but we also need the support services. Do they already exist, or is he proposing to develop more of them? If he is going to develop more of them, when will they be available? Even in the next two or three years, based on the Minister’s numbers, perhaps 20 or 30 young people will need specialist accommodation. They need specialist support services. Where are those services coming from? They do not exist at the moment, as I hope that the Minister will acknowledge, so will he ensure that they will in future so that we can for and deal with these people appropriately? We must not have a situation in which younger offenders—albeit among the most serious ones, as described by the hon. Lady—end up in the adult prison system because there is nowhere else for them to go.
I would welcome a specific comment on the issue when the Minister responds. I know that he has some tidying-up amendments for later in the development of the Bill, but I want to understand specifically what will happen with younger offenders and whether it is possible that some of them will end up in the adult estate.
It should be clear to the Minister why he should not be shy about commissioning analysis better to understand the issues that we face. Everyone talks about the importance of data and making decisions based on evidence. The amendment provides the Minister with an opportunity to do just that, and the Opposition are pleased to offer the Minister our assistance.
Also, if the Minister had the analysis, it would be easy for him to demonstrate to the House that he had got his decisions right. When he faced challenges from the Opposition on the success or failure of his new measures, he would have the analysis at his fingertips. I know that, financially, the Justice Department is skint. It has suffered heavy cuts disproportionate to those for other Departments during the past 10 years or so, and we have seen the results of that. The latest figures show that the number of criminal cases yet to reach the courts has now exceeded half a million, with hundreds of thousands more tribunal cases also outstanding. Perhaps it is the lack of resources that has meant that the Lord Chancellor cannot crack on and plan Nightingale courts to go alongside the Nightingale hospitals—the money to do so simply is not available. He did write to me yesterday, telling me that some additional money will be available. But it is a very small amount of money compared with the challenge that the system faces. This Minister’s accepting the amendment might result in the use of some resources, but the right action in this respect could save considerable sums in the longer term, and as I have made clear, the Justice Department really needs the resources.
Our ask is simple. We believe that there are real benefits for the Government in carrying out the analysis described in the amendment. Let us have in Parliament the evidence suggesting that these measures are a necessity and actually keep the public safe. I hope that the Minister will take these points and accept that longer sentences do not necessarily reduce the risk of reoffending. Several of our witnesses made that clear and even suggested that minimum sentences may in fact be counterproductive. The Minister might be reluctant to adopt the amendment—I will be surprised if he is not—but I look to him to come up with answers to the real issues that it covers.
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
Good morning. It is good to see you in the Chair again, Mr McCabe. Let me start by responding specifically to the amendment, and then I will try to pick up one or two of the more general points that the shadow Minister, the hon. Member for Stockton North, raised in his speech.
Amendment 39 does not propose any very wide form of analysis, aspects of which the hon. Gentleman referred to. It in fact proposes a very specific form of analysis, which is an impact assessment on the effect of these minimum term orders on other offences. It asks us to do an analysis that says, “If we introduce a minimum 14-year term to be served by those with life sentences, what effect will it have on unrelated offences? What effect will the minimum terms have on unrelated offences in relation to non-terrorist crimes?” If I may respectfully say so, given that the Bill is about terrorist offences and nothing in the Bill has any impact at all on non-terrorist offences, I do not think that the analysis proposed by amendment 39 is particularly germane. The Bill will not make any difference at all to any other, non-terrorist offences, so I do not think that analysis would have any results or effect.
Alex Cunningham
I appreciate the Minister giving way so early in his speech. The Bill creates a host of new offences, which will capture more people. It is important that he addresses the effect on other offences, which could all of a sudden become terrorism-related offences and therefore be subject to a very different sentencing decision by a judge in a court.
Chris Philp
My reading of the term “other offences” in line 3 the hon. Gentleman’s amendment is offences not caught by the scope of the Bill.
Let me turn to the questions that the hon. Gentleman asked and the numbers he raised. We have published an impact assessment and equalities assessment, as we discussed at some length in the previous sitting. He asked where I got the numbers of younger offenders from. I now have some information about the under-18 cohort, which he and other Members are concerned about. Currently, there are only three terrorist offenders in prison under the age of 18. I hope that illustrates the very small numbers involved.
On the question of whether we are unreasonably widening the scope of what constitutes a terrorist offence, my judgment is that most terrorist offences would be caught under the existing list of terrorist offences. It would be relatively unusual for a terrorist act to be committed outside the current list of offences, and for it to be necessary to make the terrorist connection. It could happen, and we are rightly legislating for that, but the existing list of terrorist offences is relatively comprehensive, so I do not think that the scope increase that the hon. Gentleman is referring to will have a dramatic impact on what are already small numbers. It is of course important that we give the judge the opportunity—the power—to make that connection where somebody commits an offence not on the current list; it is logically conceivable that that could happen.
Let me turn to the number—the 50. We can extrapolate how many of those 50 are aged between 18 and 21, as we discussed in the previous sitting. I do not think that number is the annual flow or the number of convictions per year. As I understand it, it is the impact on the total prison population. Given that these sentences are quite long, one would expect that the annual flow into the system affected by these serious terrorism sentence provisions would be somewhat lower than that.
Those numbers illustrate powerfully that we are talking about an extremely small number of people. As my hon. Friend the Member for Hertford and Stortford said in her well-pitched intervention, we are talking about people who have committed a serious terrorist offence and have been found to be dangerous—in other words, the judge thinks that they pose an ongoing, serious risk to the public. Their actions either caused or were likely to cause multiple deaths, and, in the context of clause 11, the judge views the offence as so serious that a life sentence is appropriate. I hope that gives the Committee a clear sense that these numbers are extremely small and, thankfully, particularly small in relation to young people. We should take this opportunity to pay tribute to the tremendous work that our counter-terror police and the security services do to keep those numbers so very small.
Other remarks were made about funding. That is probably outside the scope of the clause, but I will address it very briefly, if I may have your indulgence for one minute, Mr McCabe. I am sure that if I stretch the bounds of your indulgence, you will call me to order. Counter-terrorism funding rightly increased substantially earlier this year in response to the enhanced level of threat. Spending on Her Majesty's Prison and Probation Service of course includes work on rehabilitation, and that also received a significant funding increase in the spending review in September 2019. I am sure that everyone here would welcome that increase in expenditure.
The shadow Minister mentioned a number of outstanding cases in the legal system. I think the number he quoted relates to magistrates courts. Of course we are in the middle of—hopefully coming towards the end of—a serious pandemic, which inhibited the operation of the courts system. Prior to the coronavirus epidemic, waiting times in the magistrates court were about eight weeks. The outstanding case load in the Crown court was certainly a great deal lower than it was in 2010. Obviously, coronavirus has caused an increase in the outstanding case load. We are working hard to address that with the new Nightingale courts. There are, I believe, 10 sites working on extending sitting hours. By the end of July every court in the country will be back up and running, and we are rolling out the cloud video platform, so that hearings can take place by video. I commend to the Committee the court recovery plan that was published two or three days ago. I hope that that demonstrates the herculean national effort currently under way to reduce the outstanding case load that has built up during the coronavirus epidemic.
Alex Cunningham
I most certainly welcome the increased expenditure in the area in question. It is essential that the Government look to increasing it further, because there is no doubt, from the evidence the Committee received, that the system is not adequate to receive the people who will be caught up in the range of new laws. It was good to hear the Minister try to clarify some of the numbers. The figure of only three people aged under 18 is significant. However, according to the analysis, there would be up to 50 people a year, over a long period. Does the Minister want to correct me?
Chris Philp
I will double check that number, but my understanding, which I will check, is that as a consequence of the measures the total prison population will increase by 50, which is different from an extra 50 people extra flowing in each year. However, I will come back to the hon. Gentleman on that.
Alex Cunningham
I appreciate that, but I thought I read it was 50 per year. I may of course be mistaken, but I look forward to the Minister clarifying that.
If the vast majority of criminal offences are committed under existing legislation, I wonder why we are here, other than to increase the determinate sentence to 14 years. Perhaps in a later speech the Minister will return to the matter. We may well return to it in future, but for the moment, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 11, as we have been discussing, amends section 323 of the sentencing code, which makes provision for the setting of a minimum term—a tariff—for discretionary life sentences. It will make sure that, where a life sentence is handed down to an adult offender who is convicted of a serious terrorist offence—which can be considered as a serious terrorism case—for the purpose of setting a minimum term, the provisions of this clause will apply.
The minimum term in a discretionary life sentence is the period that must be served in custody before an offender can be considered for release by the Parole Board. Offenders who are subject to a discretionary life sentence are subject to a life licence following the release. Clause 11 adjusts section 323 of the code so that, where the court considers an offender who requires a life sentence for their offending and has committed a serious terrorism offence, as found in schedule 17A to the sentencing code, an equivalent consideration is made to that for the serious terrorism sentence by requiring the court to consider it as a serious terrorism case.
A serious terrorism case is one where an adult offender has committed a serious terrorism offence and meets the criteria that we discussed previously for a serious terrorism sentence—that is, the court considers them dangerous; they present a serious future risk of harm, which in this context means the prospect of death or serious personal injury resulting; and in the opinion of the court they meet the risk of multiple death condition, which we discussed earlier in connection with serious terrorism sentences. The clause therefore requires the courts to set a minimum term of 14 years, unless exceptional circumstances apply.
Question put and agreed to.
Clause 11 accordingly ordered to stand part of the Bill.
Clause 12
Minimum punishment part for serious terrorism offenders: Scotland
Question proposed, That the Clause stand part of the Bill.
Chris Philp
This clause has the same effect as the previous clause, which applied to England and Wales. This applies to Scotland, and will have effect by inserting a new section 205ZB into the Criminal Procedure (Scotland) Act 1995.
Question put and agreed to.
Clause 12 accordingly ordered to stand part of the Bill.
Clause 13
Minimum tariff for serious terrorism offenders given life sentences: Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 13 has the same effect as the previous two clauses, except in relation to Northern Ireland. It will amend the Life Sentences (Northern Ireland) Order 2001.
Question put and agreed to.
Clause 13 accordingly ordered to stand part of the Bill.
Clause 14
Minimum custodial period for serious terrorism offenders given indeterminate custodial sentences: Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 14 also relates to Northern Ireland. In this case, it applies to Northern Irish offenders who receive an indeterminate custodial sentence, ensuring that the 14-year minimum custodial period applies to them as well. The clause will have effect by amending article 13 of the Criminal Justice (Northern Ireland) Order 2008.
Question put and agreed to.
Clause 14 accordingly ordered to stand part of the Bill.
Clause 15
Additional offences attracting extended sentence: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
This clause sets out a number of offences that, from the commencement date of this provision, will be included in the list of offences eligible for receiving an extended determinate sentence in England and Wales. Adding these offences will ensure that the sentencing regime in England and Wales is consistent in the type of offences it considers serious enough to be eligible for an extended determinate sentence. To make this change, the clause adds the offences specified within the provisions to part 1 of schedule 18 of the sentencing code. These offences all carry a maximum penalty of life, and include the making of explosives, developing biological weapons, endangering the safety of aircraft, using nuclear materials and hijacking or destroying ships. As such, they are of comparable seriousness to other offences already in scope for the extended sentence. Adding these offences to the list will correct the anomaly created by their omission and will ensure that these serious offences and others are eligible for an extended sentence as well.
Question put and agreed to.
Clause 15 accordingly ordered to stand part of the Bill.
Clause 16
Increase in extension period for serious terrorism offenders aged under 18: England and Wales
Alex Cunningham
I beg to move amendment 40, in clause 16, page 16, line 29, at end insert—
“(4) Section 255 of the Sentencing Code is amended as follows.
(5) After subsection (2) insert—
“(3) The pre-sentence report must in the case of a serious terrorism offence under section 256(4)(b)(iii)—
(a) take account of the offender’s age;
(b) consider whether options other than an extension period of eight to ten years might be more effective at—
(i) reducing the risk of serious harm to members of the public, or
(ii) rehabilitating the offender.
(4) The court must take account of any points made by the pre-sentence report in relation to the matters in subsection (3).”
(6) The Secretary of State must at least once a year conduct and lay before Parliament a review of the effectiveness of the provisions of this section and their impact upon offenders.
(7) The report of the first review must be laid before Parliament within one year of this Act being passed.”.
Chris Philp
I must say, the shadow Minister has painted for me a truly horrifying picture, namely membership of the Liberal Democrats followed by crushing defeat at a general election. Let that be a lesson to anyone who, like my former hon. Friend the Member for East Surrey, considers anything so foolish as a move to the Liberal Democrats. Looking around this Committee, that is something we can all agree on.
The first question raised by these amendments is whether there is an option for an extension period other than eight to 10 years. I am looking at amendment 40 to clause 16(3)(b). The way the legislation is currently drafted allows the judge the discretion to choose the extension period—the licence period—of anything between one and 10 years. All that these clauses do is increase the maximum from eight years—as it is now—to 10 years, but that is not mandatory; the judge can choose to have an extension period as low as one year. The choice for judicial discretion that the shadow Minister is calling for already exists without the amendment. Instead of the choice being between one and eight years, as it is now, the choice will become between one and 10 years, as we propose, but judicial discretion will still exist.
The pre-sentence report that the amendment calls for will exist already. There is always a pre-sentence report for offences of this nature. In deciding what length of extension period is appropriate, the judge will already have due regard to that pre-sentence report. They will also have due regard to that pre-sentence report in making their finding, or otherwise, of dangerousness.
On the question of a review of how things are going, I certainly do not fear any sort of review after the event. We have a standing procedure that legislation should be reviewed after—I think, typically—three years, to see how it is functioning. I would expect this legislation, as other legislation, to be subject to that same scrutiny process. I am sure that no one in the House would be shy to propose changes if, in due course, anything appeared to be amiss.
On that basis, in particular the first two points—
Alex Cunningham
I realised that the Minister was getting to the point at which he would sit down, but I asked specifically for him to address the issue of how young people who have committed this type of offence will be accommodated on the estate. Can the fears expressed by many individuals be properly addressed?
Chris Philp
Such young people will not move on to the adult prison estate until they turn 21, so that immediately provides some reassurance, I hope. The more general point that the shadow Minister makes, and has made before—and our witnesses made—is on the importance of rehabilitation. They are points well made. We should not simply lock people up and throw away the key; even with such serious offenders, who will rightly spend a great deal of time in prison, we should work on rehabilitation.
Part of the additional resources announced in the September 2019 spending review and this year’s March Budget will go to Her Majesty’s Prison and Probation Service. I have spoken to the Prisons and Probation Minister about young people, an issue that my hon. Friend the Member for Aylesbury has also raised with me, and it is an area where effort, focus and attention are being paid, and will be further in future. That point about rehabilitation is well made, but it is being addressed. I am sure it is a topic that Members will return to. I have forgotten whether this is an intervention or a speech, but on that basis, I politely and respectfully ask the shadow Minister to withdraw the amendments.
Alex Cunningham
It is lovely to have a guarantee from the Minister that no young person will end up in the adult estate—
Alex Cunningham
The Minister qualifies that by saying “under the age of 21”. I appreciate that, and I assume that the word “guarantee” can be applied in this particular circumstance, despite the fact that some of our witnesses were concerned that we do not have sufficient facilities within the system to house 18 to 21-year-olds and some even younger than that.
In an earlier debate, I believe on Tuesday, the Minister appeared to accept that the pre-sentence report regime could be improved. In fact, he made a commitment to speak to his colleagues in the Home Office, to see whether they might find ways to ensure that the pre-sentence report covers some of the issues that I raised in Committee. We have not heard from the Minister about that, but perhaps in a later speech we will.
Alex Cunningham
The hon. Gentleman has greater experience of this area than I do, and I bow to his superior knowledge, but the important thing is that we look carefully at the reports, in particular in relation to that cohort of young people, to ensure that every single opportunity is presented to the judge so that the judge gets the right answer. With that, although we will return to the issue of young people at a later stage, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chris Philp
As we have discussed, the clause extends the maximum possible licence period for serious terrorist offenders aged under 18 when given an extended sentence of detention. It gives the courts the option to increase the maximum—I say maximum—extended licence period from eight to 10 years.
Question put and agreed to.
Clause 16 accordingly ordered to stand part of the Bill.
Clause 17
Increase in extension period for adult serious terrorism offenders aged under 21: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 17 has the same effect as the previous clause, but applies to offenders up to the age of 21. It does that by amending section 268(4) of the sentencing code.
Question put and agreed to.
Clause 17 accordingly ordered to stand part of the Bill.
Clause 18
Increase in extension period for serious terrorism offenders aged 21 or over: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 18 has the same effect—raising the maximum licence period to 10 years. This time it applies to offenders aged over 21 in England and Wales, and it makes that change by amending section 281(4) of the sentencing code.
Question put and agreed to.
Clause 18 accordingly ordered to stand part of the Bill.
Clause 19
Additional terrorism offences attracting extended sentence: Scotland
Question proposed, That the clause stand part of the Bill.
Chris Philp
The clause sets out a number of offences that will be included in the list of offences that are eligible for receiving an extended determinate sentence in Scotland, from the date of commencement. The offences to be included are terrorist offences with a maximum penalty of more than two years, which is specified in part 1 of schedule 5ZC, and non-terrorist offences carrying a maximum penalty of life, as specified in part 2 of that schedule, in cases where a terrorist connection has been found by the court under section 31 of the Counter-Terrorism Act 2008. It also applies to under-18s convicted of terrorist and terrorism-related offences in Scotland. The clause makes that change by amending section 210A(10) of the Criminal Procedure (Scotland) Act 1995 and inserts a schedule into that Act.
Alex Cunningham
We have talked a lot about numbers in this Committee. Will the Minister enlighten us on how many people will be caught up in these provisions?
Chris Philp
These provisions relate to Scotland. In order to avoid providing the Committee with erroneous information, it would be safest if I write to the hon. Gentleman with that information.
Question put and agreed to.
Clause 19 accordingly ordered to stand part of the Bill.
Schedule 5
Terrorism offences attracting extended sentence: Scotland
Question proposed, That the schedule be the Fifth schedule to the Bill.
Chris Philp
The schedule is consequential to the previous clause.
Question put and agreed to.
Schedule 5 accordingly agreed to.
Clause 20
Extended custodial sentences for serious terrorism offenders: Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
The clause does two things. First, it adds all serious terrorism offences to the scope of the extended sentencing regime. Secondly, it increases the maximum extended licence period for those who receive an extended sentence for serious terrorism offences. I should say that the clause applies to Northern Ireland, and the clause essentially does the same thing as the previous few clauses on extended sentence length and adding some additional offences. That will ensure that there is a consistent approach across the United Kingdom in terms of both offences that are tracked and extended sentences—in the case of Northern Ireland, extended custodial sentences—and that the courts may impose up to a 10-year licence period, should they find that appropriate.
Question put and agreed to.
Clause 20 accordingly ordered to stand part of the Bill.
Clause 21
Offences attracting special custodial sentence for offenders of particular concern: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 21 substitutes schedule 6 to the Bill for schedule 13 of the sentencing code. It is designed to ensure that, in all circumstances, specified terrorist offenders will spend at least 12 months on licence following their release, even when they are released at the very end of their custodial sentence. It does that by updating the offences that attract a custodial sentence for offenders of particular concern in England and Wales—the so-called SOPC sentence. The updated schedule includes all terrorist offences that carry a maximum penalty of over two years, and it replaces the specified non-terrorist offences that can attract a SOPC when committed in a terrorist capacity with a clause that includes any offence that is determined to have a terrorist connection under section 69 of the sentencing code in the SOPC regime. The changes made to the clause are applicable to those who are convicted of an offence on or after the day on which that provision comes into force, which is the day after the Bill gains Royal Assent.
Adding those offences to the SOPC regime will mean that the court will now be required to impose such a sentence where extended determinate sentences have been considered but not imposed. All such offenders will no longer be eligible for a standard determinate sentence. That is because the time spent on licence—the Bill introduces a minimum of one year—is very important for rehabilitating offenders, as the shadow Minister has said, as well as for protecting the public.
Question put and agreed to.
Clause 21 accordingly ordered to stand part of the Bill.
Schedule 6
Offences attracting special custodial sentence for offenders of particular concern: England and Wales
Question proposed, That the schedule be the Sixth schedule to the Bill.
Chris Philp
It is consequential to the previous clause.
Question put and agreed to.
Schedule 6 accordingly agreed to.
Clause 22
Special custodial sentence for certain terrorist offenders aged under 18 at time
of offence: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
These are relatively technical amendments. The purpose of Government amendment 16 is to apply the same period of rehabilitation to the new sentence for terrorist offenders of particular concern as that currently applied to sentences in respect of grave crimes under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000. The rehabilitation period is specified in section 5 of that Act and varies depending on the length of sentence given. It begins on the day the sentence is completed, including any time spent on licence.
Government amendment 29 amends the statutory instruments referred to above in order to align the new special sentence of detention for terrorist offenders of particular concern for under-18s with sentences imposed under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000. Those are the central amendments.
Ruth Cadbury (Brentford and Isleworth) (Lab)
Can I just be clear? For certain offences, under-18s will be treated in exactly the same way as adults when being sentenced. If I have got that wrong, can the Minister please explain?
Chris Philp
No. The rehabilitation periods are different and lower for children—quite rightly, for the reasons we debated earlier. All we are doing is creating consistency between the rehabilitation period for adults who commit the various offences and the rehabilitation period for children who commit various offences. We are not making the rehabilitation period the same for children as it is for adults.
The purpose of clause 22 is to address a gap in sentencing options for those under 18 who commit a terrorism offence where custodial sentencing options are limited to a maximum two-year detention and training order, due to the offender not meeting the criteria required to impose long-term detention for offences punishable by less than 14 years in custody.
The new sentence ensures that those convicted of a terrorist offence—we are talking about the serious terrorist offences—spend a substantial period of time on licence to enable that very important rehabilitative work to be undertaken in the community, and to limit the risk that they may pose to the public. That will also ensure greater consistency between the approaches towards sentence and release for under-18s and adults, although under-18s will of course be typically serving shorter prison sentences.
Under the current framework, some terrorist offences can attract only a detention and training order of up to two years, with only half that being served in detention, or an extended determinate sentence where the child is considered dangerous and the sentence is at least four years. That is a consequence of the fixed-term sentences under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000, and they are available only for specified offences. Terrorist offences are not a specified category.
As some terrorist offences carry a maximum sentence of less than 14 years, the only custodial sentencing option is therefore the detention and training order. Essentially, the clause fills the gap between those two sentences by creating the SOPC-type offence for under-18s. Of course, the length of sentence will be entirely a matter for the discretion of the judge, and the judge will have the pre-sentence report available in making that determination. As my hon. Friend the Member for Aylesbury said in his intervention, that pre-sentence report will include considerations regarding not just the offender’s chronological age but their mental maturity. Judges will of course continue to have discretion to ensure that they are balancing the offender’s maturity with the appropriate kind of sentence.
Question put and agreed to.
Clause 22 accordingly ordered to stand part of the Bill.
Clause 23
Terrorism sentence with fixed licence period: Scotland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 23 operates in Scotland, and essentially ensures that there is always a fixed licence period of at least one year when someone is released, so that people are not released without any licence supervision afterwards. We have talked about the reasons: both to facilitate rehabilitation and to protect the public. The clause is given effect by the insertion of new section 205ZC into the Criminal Procedure (Scotland) Act 1995.
The Chair
The question is that clause 23 stand part of the Bill. As many as are of that opinion, say aye.
The Chair
To the contrary, no. I think the ayes have it, the ayes have it.
Question put and agreed to.
Clause 23 accordingly ordered to stand part of the Bill.
Schedule 7
Offences attracting terrorism sentence with fixed licence period: Scotland
Question proposed, That the schedule be the Seventh schedule to the Bill.
Chris Philp
Very diplomatic, Mr McCabe. Schedule 7 is consequential to the previous clause. It sets out the terrorist offences within the scope of the new terrorism sentence in Scotland, and will be inserted as schedule 5ZB to the Criminal Procedure (Scotland) Act 1995.
The Chair
The question is that schedule 7 be the Seventh schedule to the Bill. As many as are of that opinion, say aye.
Chris Philp
I thank the Committee for its rousing endorsement of the previous schedule.
The purpose of clause 24 is to make amendments to provide for a new terrorism sentence with a fixed licence period. This is necessary to ensure an approach consistent with Northern Irish law. The Treatment of Offenders Act (Northern Ireland) 1968 is amended to ensure that any offender may have the length of their terrorism sentence reduced by any relevant period spent in police detention or custody. There are further amendments, with broadly similar objectives, made to the Rehabilitation of Offenders (Northern Ireland) Order 1978, the Criminal Justice (Northern Ireland) Order 1996, the Sexual Offences Act 2003 and the Counter-Terrorism Act 2008.
More generally, clause 24 seeks to make amendments to terrorism sentences in Northern Ireland in a way that is consistent with the measures we have discussed already. The structure of sentences is a little different in Northern Ireland, hence the slight differences in this clause, but the offer is in effect that the minimal one-year licence period is the same as those discussed already for England, Wales and Scotland.
Question put and agreed to.
Clause 24 accordingly ordered to stand part of the Bill.
Clause 25
Corresponding provision under service law
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 25 introduces schedule 8, which makes the equivalent provisions under service law to certain sentencing provisions made by this part. It covers an equivalent of the serious terrorism sentence, including relevant term reductions for a guilty plea and for assistance to the prosecution, as we have discussed, as well as minimum term orders and provisions equivalent to those in clauses 8 and 9, and changes to the special custodial sentence for offenders of particular concern, including the creation of an equivalent sentence for youth offenders.
The clause is necessary to ensure that the provisions in this Bill, which strengthen counter-terrorism sentencing, are applied to all jurisdictions in the UK, including the armed forces.
Question put and agreed to.
Clause 25 accordingly ordered to stand part of the Bill.
Schedule 8
Corresponding provision about sentencing under service law
Question proposed, That the schedule be the Eighth schedule to the Bill.
Chris Philp
Schedule 8 and the two Government amendments are technical changes that relate to the application of this law to the services, which I mentioned in the previous clause.
Question put and agreed to.
Schedule 8 accordingly agreed to.
Clause 26
Increase in maximum sentences for certain terrorist offences
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 26 increases the maximum penalty for three terrorism offences, to ensure that the punishment properly reflects the seriousness of the crime involved. The three offences are: membership of a proscribed organisation, under section 11 of the Terrorism Act 2000; supporting a proscribed organisation, under section 12 of that Act; and attending a place used for terrorist training, under section 8 of that Act. In all three cases the maximum penalty applicable will be increased from 10 to 14 years.
It will, of course, remain a matter for the sentencing judge to decide on the appropriate sentence, but given how serious the offences are we feel it appropriate to give the court the ability to issue a sentence of up to 14 years if, on the basis of the evidence and the pre-sentence report, the judge sees fit.
Question put and agreed to.
Clause 26 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Tom Pursglove.)
Counter-Terrorism and Sentencing Bill (Sixth sitting)
Chris Philp ExcerptsThursday 2nd July 2020
(4 years, 5 months ago)
Public Bill CommitteesRead Full debate Counter-Terrorism and Sentencing Bill 2019-21 View all Counter-Terrorism and Sentencing Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 2 July 2020 - (2 Jul 2020)
The Chair
I will make a few preliminary points. As usual, please switch electronic devices to silent, and teas and coffees are not allowed in the room. I remind the Committee of social distancing rules. The Hansard reporters would be grateful if Members sent any copies of their speaking notes to hansardnotes@parliament.uk.
Clause 27
Removal of early release for dangerous terrorist prisoners: England and Wales
Question proposed, That the clause stand part of the Bill.
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
It is a great pleasure to serve once again under your chairmanship, Mr Robertson. The clause is the first clause in part 2 of the Bill, and is one of the most important sections. It removes the prospect of early release for the most dangerous terrorist offenders in England and Wales. The provision is central to the core aims of the Bill—namely, ensuring that the most dangerous offenders serve their full sentence, to reflect the serious nature of their crimes and to protect the public from them. Some of the recent terrible terrorist atrocities have powerfully demonstrated the awful consequences that can follow the early release of a terrorist offender who goes on to reoffend, sometimes with tragic and fatal effect.
The clause amends section 247A of the Criminal Justice Act 2003, under which relevant terrorist offenders are currently referred to the Parole Board at the two-thirds point of their custodial term, to be considered for discretionary early release. The clause would exclude a particular class of the most dangerous offenders from discretionary early release if they receive an extended determinate sentence; if that sentence is for a terrorist or terrorist-related offence; and if that offence carries a maximum penalty of life imprisonment. Only if those three conditions apply is the prospect of discretionary early released removed, and those offenders instead serve their full custodial terms.
This is an important measure to protect the public. The only way to be certain that someone will not reoffend is if they are in prison. Of course, after release, offenders who have served their full custodial term under the provisions of the clause will then be subject to the extended licence period that we discussed this morning, which can now be as long as 10 years. During the extended licence period, work on rehabilitation can continue and public protection can be maintained. It is not as if offenders are simply let out and we forget about them; the licence conditions and monitoring will be extremely important. On that basis, I commend the clause to the Committee.
Ruth Cadbury
The Bar Council is a very authoritative body that needs to be listened to when we are introducing legislation that affects issues such as sentencing.
On the POA point, Peter Dawson pointed out clearly, in relation to violence against prison officers, that when hope is lost and the atmosphere and the management of prisoners gets much more difficult, we have nowhere to move terrorist prisoners who are already in specialist separation centres. He said that removing hope of early release increases that risk. I would like the Government to commit to a review if the proposal is implemented in this way. Obviously, we support the motivation behind it.
I have one more question for the Minister. Might the option for this sentence, with the loss of early release, lead to unintended consequences in charging and sentencing? Would sentencers avoid it and impose a lesser sentence? I am sure that the Government do not intend that.
Chris Philp
Let me briefly respond to one or two of the points that the hon. Member for Brentford and Isleworth made. She referred to the fact that if the sentence is served in full, there obviously will not be a Parole Board assessment prior to release. She asked about the risk assessment that would take place. I asked Mr Fairhurst from the Prison Officers Association about that in our evidence session on Tuesday morning. Even where there is no Parole Board involvement because release is automatic, there are a whole load of other review and evaluation mechanisms that can be used—for example, multi-agency public protection arrangements, careful monitoring by the prison staff and prison governor, and involvement by the National Probation Service in preparation for the release point. With the example of the Streatham offender, those kinds of risk-assessment measures led to a security services team monitoring him, which obviously had the result that it did. That is an example, as Mr Fairhurst said in evidence, of the risk assessment process working very effectively. That is what we would expect to happen in cases in which release is automatic.
The hon. Lady also asked: what happens when hope is lost? What if a prisoner is in prison and there is no prospect of early release? Does that not mean that it will be hard to get them to behave well? I want to make some points in response. First, the vast majority of prisoners, who have committed a range of offences, way beyond terrorist ones, are serving standard determinate sentences and are released automatically—typically at the halfway point—without any Parole Board intervention. The vast majority are subject to automatic release at a particular point. The second risk, particularly in relation to terrorist offenders, is that of false compliance, if they think that by pretending to comply with the deradicalisation programme, they might get released early. That is not necessarily an entirely healthy incentive and we should be mindful of that possibility.
Chris Philp
The operative provisions of clause 28 are very similar—in fact, they are identical—to those in clause 27, except that they apply to Scotland. Practically, that is given effect by amending section 1AB of the Prisoners and Criminal Proceedings (Scotland) Act 1993. The substantive effect of this provision is exactly the same as that for clause 27, which we have just debated.
Question put and agreed to.
Clause 28 accordingly ordered to stand part of the Bill.
Schedule 10 agreed to.
Clause 29
Further provision about release of terrorist prisoners: Scotland
Question proposed, That the clause stand part of the Bill.
Chris Philp
This is another consequential provision, which makes sure that the measure in clause 28 that we have just approved operates consistently in relation to the administration of licence periods for serious terrorism sentences and terrorism sentences for fixed licence periods in Scotland.
Question put and agreed to.
Clause 29 accordingly ordered to stand part of the Bill.
Clause 30
Restricted eligibility for early release of terrorist prisoners: Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 30 and the amendments to it essentially apply to Northern Ireland. Some months ago in Parliament, we debated the provisions to end the automatic early release of terrorist prisoners. Committee members will recall that at the time we did not apply those provisions to Northern Ireland. But having carefully considered, in particular, the European convention on human rights and common law retrospectivity provisions, we are now comfortable that those principles are not infringed by applying the Terrorist Offenders (Restriction of Early Release) Act 2020 provisions to Northern Ireland, and this clause does so.
Amendments 33 and 34 are consequential on those changes. Amendment 33 ensures that terrorist prisoners who will serve longer in custody as a result of the Bill are not released early for the purposes of deportation under the early removal scheme in Northern Ireland. That is a consequential point. Amendment 34 ensures, for offenders who will be newly eligible for parole commissioner-considered release through the provisions of this Bill in Northern Ireland, that that is done in accordance with the parole commissioners’ existing rules. That brings Northern Ireland fully into conformity with the rest of the United Kingdom.
Conor McGinn (St Helens North) (Lab)
It is a pleasure to serve under your chairmanship, Mr Robertson. The main focus of my contribution to the Committee as the shadow Security Minister will be on part 3 of the Bill, but for reasons obvious even to the untrained ear, I have been asked to speak on some of the Northern Ireland aspects of the Bill.
May I crave your indulgence for a moment, Mr Robertson? While the Committee has been sitting, it has been announced that the largest ever law enforcement operation in the UK took place today. Operation Venetic has seen 746 arrests, with £54 million of criminal cash seized, along with 77 firearms and 2 tonnes of drugs. The whole Committee will want to pay tribute to Lynne Owens and the National Crime Agency and all the police forces involved in that fantastic operation. [Hon. Members: “Hear, hear.”]
I am always concerned when I hear Ministers talk about Northern Ireland being brought into “conformity” with the rest of the United Kingdom, because although it is an integral part of the Union, and that is indisputable under the terms of the various agreements that have been reached, it is not the same as other parts of the United Kingdom, particularly when it comes to measures relating to tackling terrorism, because there is a long history there that has evolved over how to address that, particularly when it comes to sentencing, rehabilitation and the particular licensing arrangements that there are.
I have had, as I know the Minister has had, extensive discussions with the Justice Minister in the Northern Ireland Executive on this clause in particular. We have tabled a new clause to ask for all the provisions to be reviewed, so I do not intend to speak on all the Northern Ireland measures contained herein until that is debated, but I did think it important to draw attention to this matter, particularly after discussions with Naomi Long on behalf of the Northern Ireland Executive.
There is real concern about the retrospective removal of the automatic right to release. The Justice Minister in the Department is very clear that that will require amendments to sentence-calculation processes and, critically, the power of the Department to refer cases to the parole commissioners and the powers of the commissioner to direct early release for offenders subject to determinate custodial sentences. The concerns can be condensed down to some key points.
The first is about—I was interested to hear what the Minister said about this—attracting legal challenge on ECHR-compatibility grounds. There is a belief in the Department of Justice in Northern Ireland that these measures will attract that. In addition, there is concern that the Department of Justice in Northern Ireland will be a respondent to any challenge that is made in the Northern Ireland High Court or subsequent proceedings in the Northern Ireland Court of Appeal, which could be a significant drain on its resources.
There is concern about the risk of destabilising the separated regime. The Committee might not be aware that paramilitary prisoners or those convicted of terrorist offences in Northern Ireland are separated. They are held in specific circumstances and subjected to specific programmes, on the basis of their perceived paramilitary affiliation.
Another worrying element is the potential increased risk to the safety of prison staff as a result of the reaction to these measures. In recent years we have seen David Black and Adrian Ismay, two prison officers in Northern Ireland, murdered by dissident republicans. That is something that we need to be very cognisant of: in making laws here, we have a direct impact on the people who we are asking to carry them out. They have to live in the community in Northern Ireland and face the threat that they, along with our brave police officers and the Police Service of Northern Ireland, do every day.
There is also a concern—shared by colleagues from the Democratic Unionist party as well as by the Justice Minister—that this has the potential to lead to currently serving terrorist offenders being released without licence supervision. It undermines the public protection arrangements currently in place and goes against the ethos and principles of the Northern Ireland sentencing framework. In taking these measures to avoid a cliff edge in England and Wales, we may inadvertently introduce a cliff edge to Northern Ireland that is mitigated by arrangements that are already in place there.
There was a more general concern about the erosion of the principle of judicial discretion to set appropriate custodial and licence periods. I thought it important that the Committee heard those concerns, because we, as the official Opposition, share some of them and want to work, as we always have done, in a bipartisan manner—not just on issues of national security, but on matters pertaining to Northern Ireland. It was important from that perspective and because we do not have Northern Ireland Members here to make those arguments. We do have, after years of painstaking effort by Governments of all hues, the restoration of the Executive, so it was important that the Minister of Justice for Northern Ireland—in addition to the influence she is bringing to bear in discussions with the Minister—had those concerns publicly recorded with the Committee.
Chris Philp
Let me briefly reply. I echo the hon. Member’s comments about the operations today. Our police and security services do fantastic work, and the huge operation today is an example of that work at its very best, so I join him in thanking them and congratulating them on the tremendous work they have done.
On Northern Ireland, the hon. Member is quite right: we are currently having detailed conversations with Naomi Long, the Justice Minister in Northern Ireland. As he says, it is very good news that the functioning Executive has been restored—it is good for Northern Ireland and good for us in Westminster to have a body that we can have dialogue with. Let me assure him that the dialogue is ongoing; it touches on many of the issues that he raised.
On the risk of legal challenge, the hon. Member will know that there has already been a legal challenge to the TORER Act that we passed back in February, and that is subject to a judgment that we await; I will therefore not comment on that any further. What I will say—in fact, I have said this to Naomi Long—is that we will certainly support the Northern Ireland Department of Justice in any litigation that it gets involved in. We have obviously done a great deal of work in preparing for that case; we would be happy to make that available and to support the Department in every way. We would not want it to be, as the hon. Member has suggested, burdened by having to defend cases. We will certainly stand with it and help practically with preparing for those cases, so that they do not unduly drain what I know are quite limited resources. I can give him a direct assurance on that. More generally, we are involved in detailed discussions, which are continuing.
Question put and agreed to.
Clause 30 accordingly ordered to stand part of the Bill.
Clause 31
Removal of early release for dangerous terrorist prisoners: Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 31 simply makes the same provisions that we discussed in clause 27 for England and in clause 28 for Scotland, applicable also to Northern Ireland. I do not propose to go over those provisions again; they are in substance the same.
Question put and agreed to.
Clause 31 accordingly ordered to stand part of the Bill.
Clause 32
Polygraph licence conditions for terrorist offenders:
England and Wales
Chris Philp
As we discussed in evidence last week, the Government—and the Committee—fully recognise that polygraph testing does not provide definitive information that meets a burden of proof that a court of law would expect to be met.
We did hear, however, compelling evidence from Professor Grubin that polygraphs provide a great deal of utility in two areas—first, in causing offenders being questioned while a polygraph is being applied to disclose more information than they otherwise would. He gave some compelling statistics, showing that a high proportion—from memory, something like two thirds—of offenders questioned with a polygraph being applied made a disclosure of information, which is a far higher figure than would ordinarily be the case. It is helpful to get people on licence to disclose information that is useful in working out whether their licence conditions are being adhered to.
Secondly, if a negative polygraph result follows in answer to particular questions, the principal consequence is further investigation by the probation service or, if appropriate, the police. Only if those further investigations yielded new evidence or new facts would further action follow. Polygraph evidence would never be admissible in a court of law, and there is no intention of that, because we heard clearly that although it is helpful, it is not definitive in a way that we would wish evidence submitted to a court of law to be definitive.
That approach is already enshrined in section 30 of the Offender Management Act 2007, expressly disallowing the admissibility of polygraph evidence in court, but it is also covered in the equivalent provisions made for the devolved Administrations in this Bill, particularly clause 33 in relation to Scotland and clause 34 in relation to Northern Ireland. The Bill and the law in general are clear about how polygraph evidence should be used.
On amendments 49 and 50, and the use of “may not” as opposed to “must not”, I think that the phrases have the same meaning. “We may not do something” means the same as “we must not do something”—it is an express prohibition. I am sure it is helpful to put my view of that on the record, and I hope that the Committee concurs. It is categoric that something that may not be used cannot be used, and must not be used in any circumstances.
In support of clause 32 standing part, this is a useful additional tool in the hands of the probation service. It is used already with sex offenders in England and Wales. Professor Grubin provided very informative evidence—certainly the most entertaining evidence that we heard during our earlier proceedings. He made a powerful case for the way in which polygraphs, used properly, carefully, with the right training and with acknowledgment of their limitations, add something to the monitoring process. Therefore I think it is appropriate to include the measures.
Kenny MacAskill
I am grateful for the Minister’s response. I am not going to debate “may” or “must”, which seems to be becoming a tautological argument. I am happy to accept the Minister’s assurance, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chris Philp
I would say two things about a pilot. First, as I said before, polygraph use has been running for a number of years now for sex offenders in England and Wales, and it has been found to be useful. It is used quite widely around the world, as Professor Grubin mentioned in his evidence.
In particular, the use of polygraphs for monitoring licence conditions is designed first to prompt the disclosure of information and secondly to provide information that might be followed up. Bearing that in mind, I do not think that the biting effect of the polygraph findings is of sufficient severity to require further pilot work, particularly as the technique is used already.
As to BAME communities, that is something we debated at some length a short time ago, as the hon. Gentleman said, but I would observe that the application of the technique applies to everyone equally, regardless of colour and creed.
In relation to the review, there is a standing convention that legislation is reviewed three years after coming into effect. I am sure that the effectiveness of the provision will form part of such a future review.
Alex Cunningham
That is very helpful. I will not press the new clause.
Question put and agreed to.
Clause 32 accordingly ordered to stand part of the Bill.
Clause 33
Polygraph licence conditions for terrorist offenders: Scotland
Question proposed, That the clause stand part of the Bill.
Chris Philp
We recognise that, as the hon. Gentleman has said, there is no operation of polygraph currently in Scotland. In considering the commencement provisions, it is the clear intention of the UK Government to work extremely closely with the Scottish Government to determine when they are operationally ready to introduce polygraph testing into the toolkit that probation services have. We would not want to trigger implementation too early.
Over the past week or so, we have heard evidence showing the benefits that polygraph testing can bring. However, we are aware that time is needed to prepare operationally for those benefits to come into effect. Although we recognise that some elements of the implementation of this are devolved—as I say, we are going to work extremely closely with the Scottish Government on those—ultimately, provision for dealing with terrorism matters remains a reserved power of the UK Government, so it is appropriate that the commencement provision remains one that is exercised by the UK Government. However, I repeat my assurance to the hon. Member for East Lothian that we will work extremely closely with his colleagues in the Scottish Government—in particular those in the Justice Directorate, his old Department—to make sure nothing is done prematurely, or without being ready for it.
Question put and agreed to.
Clause 33 accordingly ordered to stand part of the Bill.
Clause 34
Polygraph licence conditions for terrorist offenders: Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 34 essentially has the same operative effect as the clauses we have already discussed in relation to polygraphs, except in relation to Northern Ireland. For the benefit of anyone listening in Northern Ireland and that of the hon. Member for St Helens North, we will work very closely with Naomi Long and the Northern Ireland Government on this, in the same way that we will work very closely with the Scottish Government. We recognise that they are not doing this already, and before we commence the provisions, we will need to make sure that the Northern Ireland Government are operationally able and ready to use them.
Question put and agreed to.
Clause 34 accordingly ordered to stand part of the Bill.
Clause 35
Polygraph licence conditions in terrorism cases: supplementary provision
Kenny MacAskill
I beg to move amendment 51, in clause 35, page 33, line 8, after “State” insert
“after consulting with Scottish Ministers and the Department of Justice”.
This amendment requires the Secretary of State to consult with the Scottish Ministers and Northern Ireland Department of Justice when making regulations under clause 35(1).
Chris Philp
I thank the hon. Member for East Lothian for his comments. I wholly concur with what he said about the importance of training and carefully managing who conducts these tests and how they conduct them. In evidence, we heard from Professor Grubin in some detail of the critical importance of training. Without the proper training, method and the right questions, the entire process is essentially worthless and could potentially lead to false results. I accept the spirit of the hon. Gentleman’s comments.
To reassure the hon. Gentleman, in clause 35(3)(a) there is a reference to “other matters”. I explicitly assure him that that includes things such as training. The Secretary of State will address those matters in detail in the regulations, as they are addressed in the current regulations made under the existing legislation that applies to sex offenders. Identical or similar measures relating to training will be included in those regulations.
In relation to the question of confidentiality, which I have previously touched on, disclosure of any information obtained by polygraph testing will be shared only with governmental partners, particularly law enforcement agencies. It will not be disseminated or disclosed any more widely. I hope that assures the hon. Gentleman about the detail that the regulations made under clause 35 will go into. They will most certainly address the issues that he is properly raising.
Kenny MacAskill
I am happy to accept the Minister’s reassurances. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Alex Cunningham
Again, I will be brief. I am aware that an amendment that I have tabled cannot be selected for debate, so I am content to address clause 35 stand part instead.
We accept that polygraphs have their uses, albeit very limited. Most notably, we recognise that polygraph examinations have been used with some success in the management of sexual offenders since 2013 by the National Probation Service. The Minister spoke about that and convinced us that, for that reason, we do not need a pilot for the Bill.
However, as has been said over and again in the evidence sessions and in debate, they are far from 100% accurate. While they give an indication, when used in the right conditions, that can detect traits associated with lying, they are far from infallible. The Bill allows the Secretary of State to impose mandatory polygraph examinations on high-risk offenders who have been convicted of terrorist offences or offences related to terrorism. Specifically, it allows for mandatory polygraphs to be taken three months post release and every six months thereafter unless the test is failed, after which the offender would have to take them more regularly.
However, the Government seem shy of spelling out the detail of how their proposed regime will work, leaving it to secondary legislation in the shape of regulations, which are mentioned in subsection (9). I, for one, am always a little wary of the Government when they opt for that route.
The Minister needs to provide a robust explanation of why he does not want that detail in the Bill. Is it a case of having insufficient detail at this stage to work out exactly what he wants to achieve with polygraph testing, or does he share everyone else’s reservations about the application of the test? I hope that he will explain why there has to be a delay. I am sure that if the Minister looked at the legislation relating to the application of polygraph tests to sex offenders, he could cut and paste the wording, and tidy it up to suit this legislation, so there is no excuse for it not being in the Bill.
The Ministry of Justice has committed to a review of the value of polygraphing terrorist offenders and those convicted of offences related to terrorism after two years, which we very much welcome. However, as I said earlier, we would welcome that kind of commitment in the Bill, and a clear statement that people with protected characteristics will be covered specifically. It would help the Committee were the Minister to spell out how he expects such a review to be conducted, what he expects out of it, and whether he would adopt the need to achieve the specific things that I have spelled out.
I reiterate that Labour does not object to the use of polygraphs as set out in the Bill, but we should see the detail from the Government on exactly what they want to do. They ought to spell it out in the Bill. I hope that the Minister will reflect on that, and perhaps accept that it would be an easy job to cut and paste from the other legislation and to table an amendment on Report that provides the clarification we seek.
Chris Philp
The shadow Minister asks why we do not specify in the Bill the full detail about how the polygraphs will be used, and why that will be done in secondary legislation. Of course, that is extremely common. It is usual for matters of great detail to be done via secondary rather than primary legislation, in order to avoid, in the first instance, filling the Bill with a great deal of operational matters.
There is also the possibility that operational best practice may change in due course. If scientific evidence develops, or as practice evolves, there may be things that we could do differently or better. Clearly, if it was set out in primary legislation, it would take a great deal of time to change the detail. We would have to wait for a Bill to come before Parliament with the matter in scope, which could take some years. There are quite a few things that the Government have been wanting to do for a while, and we have been waiting three or four years for the right Bill to come along, including some in the Ministry of Justice. Of course, such changes can be made more deftly and more quickly by secondary legislation.
If the shadow Minister wants to see the sort of detail that he can expect, the existing regulations made under the 2007 Act to implement polygraph testing for sex offenders will give him a great deal of information. Obviously, we will study those very carefully when making regulations under clause 35. If he wants further detail, he can certainly find it in the existing regulations.
Question put and agreed to.
Clause 35 accordingly ordered to stand part of the Bill.
Clause 36
Release on licence of terrorist prisoners repatriated to the United Kingdom
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 36 covers the release on licence of terrorist prisoners repatriated to the United Kingdom. The clause refers to schedule 11, which, as we shall discuss in a moment, sets out arrangements for the release on licence of terrorist prisoners repatriated to the United Kingdom, so that their release provisions are consistent with those sentenced in the United Kingdom. In essence, it extends the provisions that we have debated already to ensure that people who are repatriated to the UK are affected by those provisions just as much as people who were here when convicted and when serving their sentence. I am sure that everybody would agree that that kind of consistency is extremely welcome and extremely important.
Question put and agreed to.
Clause 36 accordingly ordered to stand part of the Bill.
Schedule 11
Release on licence of repatriated terrorist prisoners
Question proposed, That the schedule be the Eleventh schedule to the Bill.
Chris Philp
Schedule 11 gives effect to the clause 36 in a number of technical ways, which I do not propose to go through in detail. It ensures that the clause has practical effect in law.
Question put and agreed to.
Schedule 11 accordingly agreed to.
Ordered, That further consideration be now adjourned. —(Tom Pursglove.)
Counter-Terrorism and Sentencing Bill (Third sitting)
Chris Philp ExcerptsTuesday 30th June 2020
(4 years, 5 months ago)
Public Bill CommitteesRead Full debate Counter-Terrorism and Sentencing Bill 2019-21 View all Counter-Terrorism and Sentencing Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 30 June 2020 - (30 Jun 2020)
The Chair
Thank you very much. We will start with questions. We have until 9.55 am, when we have to end the session bang on the dot. First, I will ask the Minister if he would like to ask some questions.
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
Q
Mark Fairhurst: Thank you. That is most welcome, and it will be appreciated.
Chris Philp
Q
Mark Fairhurst: Sure. It is very much intelligence led and risk based. Throughout a TACT offender’s sentence, they will be allocated a key worker officer, who will get to know them and help them through their sentence plan. During that sentence plan, they will be offered the opportunity to address their offending behaviour, and they will be offered two deradicalisation programmes while they are in custody.
Staff will observe their behaviour on the wings, and who they mix with, and they will submit intelligence reports on a regular basis, specifically if they have concerns around radical behaviour while an offender is in custody. That will then lead to a multi-agency approach, and when the offender is coming up to their release point with the Parole Board, we put in place MAPPA arrangements. We will have reports from prison officers, psychologists, psychiatrists and healthcare, and we will liaise with security services, and a full picture will be presented prior to that person’s release.
As we have just witnessed with the Streatham attacker, he left prison as a high-risk, category A offender. The intelligence and the risks that we highlighted to the security services led to him being monitored 24 hours a day, because he was a significant risk to the public. When you look at it in that vein, what we did was appropriate and led to an atrocity being avoided because of the swift reaction. So I think we have got the risk part of the sentence planning really sufficient while in custody.
Chris Philp
Q
Mark Fairhurst: Yes, that is correct, even—[Inaudible] —reached the halfway point, because legislation dictated that we had no option but to do that. The intelligence we had gathered on his antisocial behaviour and radical behaviour in prison led the Security Service to believe that they were right in following and monitoring him upon his release so extensively. That would be the case in this situation as well. I believe that, with this Bill, at the two-thirds point, people must go through a parole process.
Chris Philp
Q
Mark Fairhurst: That is a really valid point, and these concerns have been expressed from the frontline. I can give you an example. At the moment, if we are going to extend the sentences, and we are going to insist that the most serious offenders spend the entire sentence in prison, that will increase headroom in the high-security estate. Also, it incentivises people not to behave correctly or to go on deradicalisation courses.
For example, at the moment, we have funding, and we should have open three separation centres, but we have only got one, with a small number of the most influential and serious terrorist offenders, in play. That leads to serious concerns from my members who are in that separation centre at HMP Frankland, because we are now in a situation where the prisoners who are housed there are not engaging with staff whatever. We have had a really violent assault on a prison officer, and there is nowhere to transfer those prisoners to if they show violence towards staff or if they become a security risk. That is why we need more separation centres open, especially with the implementation of this Bill. More concerningly, there is now no incentive for good behaviour.
Chris Philp
Q
Mark Fairhurst: I think the separation centres are the key. We need three open because, as you are all aware, the rise of the far right is a real concern for the security services. It would be unwise to put high-profile far-right extremist offenders in the same separation centre as Islamist extremist offenders, with staff stuck in the middle. That is the key point here.
To come to your point, what can we do to incentivise people to take part in deradicalisation courses if they know they are going to serve their full sentence? All we can do on the frontline is our best, and that is to try to engage with people, get to know them and encourage them to take part in deradicalisation. We involve imams and community groups to come in and speak to these people. We just keep chipping away, because it is down to the individual. Only the individual can change. We can encourage them to change. We can give them the ideas to change and the courses to help them change, but it is down to the individual. The biggest fear from the frontline is, “If I know, as a terrorist offender, that I am going to serve my full sentence, and I am not going to get any chance of early release, I might totally disengage, and that might reinforce my radical views, which leads me to a disruptive life inside.” That is the biggest fear.
Chris Philp
I understand, although, of course, if they step over the criminal threshold, they will be prosecuted. Equally, there is no value in people pretending to engage with deradicalisation programmes just to secure early release, so we need to be mindful of that risk as well. Thank you, Mr Fairhurst.
The Chair
We have until 10.25 am for this session. Professor Acheson, thank you very much for joining us. Would you like to introduce yourself and your organisation briefly, please?
Professor Acheson: My name is Ian Acheson. I used to be a frontline prison officer, so I would like to be associated with the comments that were made this morning. They are the unsung heroes of our criminal justice system, often overlooked and certainly undervalued. They do an amazing job.
I worked in the Prison Service as an officer and then as a governor. I left it and joined the Home Office via the Youth Justice Board, where I was the senior civil servant responsible for the Contest strategy, our counter-terrorism strategy, among other things in south-west England. After that, I joined the Equality and Human Rights Commission as the chief operating officer and I left public service then. I now work for a variety of organisations, including the Counter Extremism Project, which is an international non-profit organisation that looks at ways of countering violent extremism. I am also a visiting professor at Staffordshire University School of Law, Forensics and Policing.
Chris Philp
Q
Professor Acheson: The Prison Service, as we are all aware, is under a great deal of pressure, certainly in England and Wales. The backdrop is what I would describe as a significant decline in all sorts of metrics of good order, discipline and control across most, but not all, prisons. That provides a backdrop of instability, which is germane to your question. We need to have stable, well-run prisons with suitable and sufficient numbers of staff present to set the tone, to be able to control the environment and certainly to be able to spot and intervene early when they see signs of extremist-related behaviour, whether from prisoners imprisoned under terrorism legislation or others who look like they are being drawn into violent extremism.
One of the problems that I have with the system is that we do not seem to have an assertive and challenging approach to managing terrorist prisoners, or ideologically motivated prisoners, from the start of their sentence to their last day in community supervision. The system is fraught with problems of handovers between the Prison Service, the Parole Board and the probation service. I do not believe that that system of managing a particular set of prisoners with some unique characteristics is the right way of proceeding.
I would like to see a dedicated unit, if you will—I recommended that in my 2016 report; unfortunately it was not one of the recommendations that was taken forward—that manages offenders end to end, from literally the first night in custody to the last night of community sentence, and that has a detailed biographical understanding of a prisoner. That involves specialists, psychiatrists, theologians and various people intervening but managing that prisoner all the way through into the community.
Mark Fairhurst mentioned the importance of reintegration after custody for terrorist offenders. In some respects, integration is the key challenge as well. At the moment, the state has a monopoly on the management of terrorist offenders after custody in terms of MAPPA, where the probation service, the police and the Security Service manage the security aspects. There are no other organisations, apart from some voluntary organisations that are involved in the desistance and disengagement programme. We do not have any community involvement in the resettlement of terrorist offenders and their reintegration in the community. That is a big issue that needs to be addressed.
Chris Philp
Q
Professor Acheson: In relation to terrorist offenders, for example, the situation feels to me as though, as long as they are not creating any problems, they are largely left alone. When they start to create problems, there are alternatives, which could include segregation, administrative penalties or incentives and earned privileges penalties. In extremis, if they are subversive—this was one of my recommendations that was taken forward, as you might be aware—separation centres exist for them.
We need to make sure that we look at it from the sentencing point. To illustrate it like this: what is really important is that we have got some sort of baseline measurement for a judge, after a conviction, to inform sentencing. We do not have that at the moment. We do have pre-sentence reports, I understand that, but we do not have a sufficient level of granularity or expertise put into that plan, which is the baseline measurement of dangerousness, for any terrorist offenders.
As you are aware, they are a very heterogeneous group. They resist being compartmentalised. We have people who murder people who are losers and we have people who murder people who are university graduates. There is an enormous variety and it resists generic sheep dip-style approaches. I am afraid I would categorise healthy identity intervention as one of those processes that I do not think works. We need to go back to having this baseline measurement at the start, managed by one unit all the way through that is frequently looking at whether dangerousness has increased or decreased, and devising and managing interventions to meet that individual pathology, that individual terrorist profile.
I am aware that Lord King has said in Parliament that you are recruiting some prison imams to take part in ideological interventions. That is very good news—so, theological, psychological, family-related and substance misuse. It is important to look at these people as individuals if you want to reduce their dangerousness. It is important to look at that dangerousness as early as possible, with the right people managing it all the way through.
As I have said before—I do not want to repeat myself—I think the system is far too fractured at the moment. We are only talking about 220-odd offenders at the moment, with the Government making what I think is the fairly optimistic estimate of an extra 50 as a result of the new legislation. It will increase because of the police and security services’ ability to spot people further and further upstream from actual terrorist incidents. That number will increase, but it is still a manageable number and it is still worth while investing significantly.
I am not a great fan of the statistic that is bandied about that says that only 5% to 10% of terrorist offenders reoffend after custody. That is a proven reconviction for a terrorist offence. That is a very lazy proxy for damage. If you apply that to our number of offenders, that means there are another 11 Sudesh Ammans in the system. That is completely intolerable and unacceptable. I do not think we should be comforted by the fact that some research is showing us that recidivism is fairly low. There is research in Europe that says that the period immediately following release of a terrorist offender is the period of most risk. That does not fit the profile of the Westminster bridge attacker, who waited for 11 or 12 months before something mobilised him into murdering two young people. We have to apply a very individualised, very assertive and challenging approach.
You talked about incentives and so on earlier with Mark Fairhurst. I think that might be looking at it in slightly the wrong way. I have a bit of a problem with the philosophical and organisational fitness of the Prison Service, the probation service and the Parole Board to manage these particular offenders. They are ideologically inspired offenders. We must insist they adopt civilised values, not look at it as a thing that needs to be rewarded. That is very difficult. I am not suggesting it is simple.
Just to avoid any misunderstanding, in my specification for separation centres, I specifically designed a regime—and suggested this to the Prison Service—that was not punitive and which was, as I have described it, a humanised approach. We cannot talk to dead terrorists; we can talk to live ones. We can find out an enormous amount. We can influence them an enormous amount with the right skills and the right staffing to be able to have a good sense of how dangerous they are and influence them towards disengagement, or desistance if disengagement is not possible.
The Chair
I suspect that your evidence is extremely useful to the Committee, but I have to ask for slightly shorter answers, please.
Chris Philp
Q
Professor Silke: That is a crucial question. Probably one of the starting points—this has been touched on by some of the others who gave evidence—is how the UK sits in terms of the international approach to dealing with terrorism among violent extremist offenders. Overall, you would probably argue that the UK’s approach is seen as one of the better available approaches and enjoys what is seen internationally as a good success rate. I know that that is difficult to consider in the context of the attacks that took place in Streatham and London Bridge, but overall the UK’s system for dealing with terrorist prisoners is seen as one of the more effective ones available internationally.
Chris Philp
Q
Professor Silke: The approach has transformed a lot in the past 10 years. There has been a variety of ways in which it has changed. I am particularly looking at the approach in England and Wales here. First is the development of specialised risk assessment tools and frameworks for dealing with terrorist prisoners. There was recognition in the 2000s that the existing risk assessment tools did not work well with terrorist prisoners and that they needed something that was more specialised to more reliably assess risk with them. This led to the development of the extremism risk guidance 22+—the ERG—which is a bespoke risk assessment tool now used in England and Wales. In my view it has genuinely enhanced and transformed risk assessment for these prisoners, making it much more viable compared with what it had been prior to the introduction of this programme.
Tied into the development of the ERG has been the development of a number of interventions. The healthy identity intervention has already been mentioned, and desistance and disengagement has been flagged as well. The healthy identity intervention draws on the ERG, so the two of them are linked to some degree. HII has come in for criticism, but it is actually a much better intervention than perhaps it gets credit for. It tackles a lot of the issues that we are concerned about in terms of offender radicalisation. I have had the opportunity of being able to interview prisoners before and after they have gone on this programme, and certainly in many cases I have seen a transformational change in prisoners.
The other factor—this has also been raised in other testimony before the Committee—relates to post-release behaviour by prisoners. We have an extremely low reoffending rate for terrorist prisoners in the UK, which we should not dismiss out of hand. If we could get similarly low levels of reoffending for other types of offenders, we would be extremely happy.
Failures with interventions—such as a prisoner taking an intervention, being released and then reoffending—does not mean that the intervention itself is useless or ineffective in the majority of cases for people who use it. We should reflect that all the interventions used in the prison system, for a whole range of offences, have their failures. This does not mean that we should stop using them or abandon them or view them as unhelpful in the majority of cases.
Chris Philp
Q
Professor Silke: It is a complicated question. In general, I agree with Mark Fairhurst’s point that the potential for early release is an important incentive for behaviour in custody. If we lose the potential for early release, we are losing a tool from the toolbox, and we need to question whether that is sensible, or whether there are advantages in keeping it in some shape or form.
Does false compliance happen? Yes, it certainly does, but if we look at reoffending stats, compliance seems to be genuine in most cases. Nobody has a 100% effective intervention for dealing with these types of prisoner or any other type of prisoner, so we should never expect an intervention to be 100% accurate. However, the stats suggest that what is happening in prison with most terrorist prisoners is currently effective, and so if we are making changes to the regime and to the interventions, we need to have a careful think about what the knock-on consequences might be.
Personally, I prefer still to have the potential for early release at some stage as a tool in the toolbox for these serious offenders. I think it can make a difference in some cases. From my perspective, the Parole Board usually brings a serious and considered assessment of the available evidence in a particular case, which is often very welcome. Again, by removing that from the equation, are we losing something that has value?
Alex Cunningham
Q
Professor Silke: The problems are relatively new. My view is that they work far better than most members of the general public want to think. Again, the proof is in the very low reconviction rates that we see after people have been released. If it is working in the vast majority of cases, that is an encouraging sign. If there are failures, we need to look into that. One thing that the Bill does not do in its current format is try to identify what is different about the failures compared with the rest of the prisoners who are being released—what went wrong in their cases compared to the others? I am not sure that we are getting at that at the moment.
The evidence base around both risk assessment and interventions for terrorist prisoners is in development. It is massively better today than 10 years ago, and I think it will continue to improve. I know that the Ministry of Justice is involved in a range of programmes to improve the evidence base around ERG and healthy identity intervention, which I strongly welcome. Many Governments are involved in similar efforts overseas.
Counter-Terrorism and Sentencing Bill (Fourth sitting)
Chris Philp ExcerptsTuesday 30th June 2020
(4 years, 5 months ago)
Public Bill CommitteesRead Full debate Counter-Terrorism and Sentencing Bill 2019-21 View all Counter-Terrorism and Sentencing Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 30 June 2020 - (30 Jun 2020)
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
It is a pleasure to serve under your chairmanship, Mr McCabe, in our line-by-line consideration of the Bill. I thank the shadow Minister for his opening remarks, in which he expressed general support for the objectives of the Bill. I hope that we can, as he said, provide an example of constructive cross-party working, although I am sure he will have many questions about the detail. As the shadow Minister has said, and as the hon. Member for Coventry North West said in her speech, the threat that terrorism poses is a serious one, and one of our heaviest responsibilities as Members of Parliament is to protect our fellow citizens from such attacks, but in a way that is lawful, fair and just.
Amendment 35 seeks to specify a beyond-reasonable-doubt standard of proof in making the terrorist connection, as clause 1 does. I am happy to confirm for the shadow Minister that existing criminal court procedure already requires the criminal standard of proof to be met in making a determination of a terrorist connection, or indeed any finding of fact in relation to sentencing. If, after conviction by a jury, there is a finding of fact to be made by the judge prior to sentencing in what is known as a “Newton” hearing, under existing procedures the criminal standard of proof is applied. On the request that the shadow Minister and his colleagues make, I am happy to confirm that it is already inherent in the operation of our criminal justice system, and rightly so, for all the reasons that the shadow Minister and the hon. Member for Coventry North West have outlined. I trust that on the basis of that assurance they will see fit not to press the amendment, given that the provision they call for is already enshrined in law.
One further point: both the shadow Minister and the hon. Member for Coventry North West raised the question of what happens if the judge makes an error or exhibits some form of conscious or unconscious bias. That is extremely rare, but, if it did happen, there are of course appeal rights against both the sentence and any erroneous finding of fact associated with it. If a defendant or, by this point, an offender who has been convicted feels that the sentence is genuinely unfair or that an unfair determination has been made of a terrorist connection, they can appeal, so a safety mechanism by way of appeal also exists. I hope that on that basis the shadow Minister will not press the amendment to a vote.
Alex Cunningham
I am grateful to the Minister for his explanation. He believes that the matters are already covered in existing law, but perhaps he will accept that later in the Bill we will be discussing how we make sure that what has happened over a period of time has in fact demonstrated that the judges have got it right. In other words, we will revisit this matter with a view to seeking a form of review of how the legislation is working to ensure that we do not have the particular problems that might well be possible. I am also grateful to him for reminding us that in criminal proceedings we still have an appeal process in this country, and I am sure that that would operate appropriately. On the basis of what the Minister has said and on the basis that we will seek reassurance through a review process later in the Bill, I am content to beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Chris Philp
I thank the shadow Minister for his detailed exposition of some of the risks that we must seek to navigate and overcome. For justice to function, we must make sure that it is truly even-handed and fair in assessing anyone who comes before the court, regardless of their background, race or religion.
Taiwo Owatemi
Is the Minister not concerned that, without proper consideration of the impact of the Bill on many BAME communities, relationships between these communities and authorities may worsen?
Chris Philp
Let me come on to that point, which is the substance of the amendment. The amendment calls for an assessment prior to the clause coming into effect; it does not ask for an assessment afterwards but beforehand. I submit to the Committee that the impact assessment published with the Bill and the accompanying equality statement, which looks specifically at questions of racial and religious discrimination—or the potential for those things to happen—has already thoroughly analysed the Bill’s potential impact. That detailed analysis, which obviously included a review by Government lawyers and others, concluded that nothing in the Bill would unlawfully discriminate against people of a particular ethnic or religious background within the meaning of the Equality Act 2010.
Of course, the provisions in the Bill are simply based on a measure of criminality—has somebody committed a specified offence? Is there a terrorist connection? Nothing in any of those provisions is biased for or against anyone from any particular background, as is the case with all laws that Parliament passes.
Alex Cunningham
The Minister says that nothing in the Bill would lead to further discrimination. I should hope that that would be the case for any legislation we pass. However, the fact remains that there are certain groups within our society—BAME and other groups—who are disproportionately disadvantaged in the legal system. The amendment asks the Minister to recognise that there could be even more of that as a direct result of the provisions of the Bill.
Chris Philp
Where there are concerns of the nature of those raised in the Lammy review, which I think the shadow Minister or the hon. Member for Coventry North West mentioned earlier, the Government are committed to responding to those. Indeed, in a sense, we are in the wrong room in Parliament today to raise that, because there was an urgent question earlier on exactly that topic, to which the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk) responded.
The Government are committed to acting in response to the Lammy review to make sure that no unconscious biases discriminate against any particular group. I have not had a chance to read the Hansard of the debate, and I suspect the shadow Minister has not either, but based on the conversations that I have heard taking place in the Ministry of Justice, I think that the Government generally and the Ministry of Justice in particular are committed to taking action where needed. I would have expected the response of my hon. Friend the Member for Cheltenham to the urgent question an hour or two ago to have confirmed that.
Alex Cunningham
The fact remains that the Lammy review talked about a whole range of provisions that were supposed to be implemented, but very few of them have been. Some have been partially implemented and others have not. Can the Minister simply accept that we are failing as a Government and a Parliament to ensure that discrimination does not exist in our system? We are simply not taking the action to do that. Does he further accept that the more legislation we have where particular groups of people, BAME or otherwise, feel that they are being discriminated against, the greater the discord in society?
Chris Philp
Recent events obviously tell us how important it is to maintain social cohesion and confidence in the criminal justice system. The hon. Gentleman raises a point that goes far beyond the scope of the Bill, but it is a fair point none the less. If he listens to what my hon. Friend the Member for Cheltenham, my fellow Justice Minister, said in the House of Commons Chamber earlier, he will see that the Government are resolved to act where necessary to address issues of that kind.
The substance of the Bill is obviously public protection. It makes no distinction between any kind of terrorism, whether rooted in a twisted religious ideology or a far-right ideology, or terrorist acts committed for any other reason. The Bill, as with all Bills, as the hon. Gentleman says, is even-handed between different kinds of offence and different kinds of offenders. Where we need to do more systemically, not just in relation to the Bill but across the whole range of the criminal justice system, to make sure that everybody gets a fair hearing and fair treatment, the Government will do that. I hope that the response of my hon. Friend the Member for Cheltenham to the urgent question earlier will give assurance on that point. No doubt there will be many more opportunities to debate it.
Chris Philp
On the specific question of amendment 36 to clause 1 and amendment 42 to clause 21, which call for an impact assessment prior to the commencement of those clauses, I repeat what I said earlier. We have already done that. It has been published as the impact assessment together with the Bill and the equality statement that went with it. The obligation being requested by the amendments has already been discharged, but of course we must remain mindful, as the shadow Minister eloquently said, of potential unconscious biases. We must be vigilant and make sure that our justice system is not in any way besmirched by them. I am confident that the measures my hon. Friend the Member for Cheltenham laid out earlier will achieve that.
Alex Cunningham
I am sorry that the Minister would not give way, because I wanted to press him on that particular matter. We have several days of debate, so we have plenty of time to deal with these issues. It is a bit disappointing.
Chris Philp
I apologise; I did not realise that the hon. Gentleman was trying to intervene. Had I realised, I would, of course, have given way.
Alex Cunningham
Fair enough; I accept that.
The Minister was talking about how the Bill is important for public protection and I agree. It is essential to protect the interests of the public, but if the Bill results in a growing number of terrorists in prison, and if we are releasing into the community people who are still radicalised—or even new people who they managed to radicalise when they were in prison—perhaps public protection will not gain in the way that the Government hope.
I accept the Minister’s statement that he believes the law covers that, but I am disappointed that we cannot accept that a review, although it might cost a few pounds and take some time to commission, would at least give us some information to enable us to understand how well or how badly the legislation is working. I accept what he said, however, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chris Philp
We touched on many of the purposes of clause 1 in our debate on amendments 35 and 36. Very briefly, clause 1 seeks to give judges the power to make a factual finding after conviction that a particular offence has a terrorist connection, to the standard of proof beyond reasonable doubt, as has been discussed, rather than simply referring to a fixed schedule of offences. If, for example, somebody commits an offence that is a serious offence but is not currently on the list of terrorist offences, the finding of terrorist connection can none the less be made. That has consequences in the rest of the Bill, and we will debate them in due course.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Schedule 1 agreed to.
Clause 2
Meaning of “serious terrorism offence”: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
The purpose of clause 2 is to create new categories of offences in relation to the new serious terrorism sentences. It defines the meaning of a “serious terrorism offence” in England and Wales, so that a sentencing court can establish whether an offender has committed a qualifying offence for the purpose of applying the serious terrorism sentence, which we will discuss more in due course.
The clause will amend section 306 of the sentencing code to include a new category of serious terrorism offence, with two subsets of offences: those in part 1 of schedule 17A, which specifies offences with a life penalty that are terrorist or terrorist-related; and those in part 2, which specifies offences with a life penalty that may be found to have a designated terrorist connection further to section 69 of the sentencing code, as amended.
Clause 2 inserts new schedule 17A into the sentencing code that is currently making its way through Parliament, so that those offences can be identified as serious terrorism offences by the sentencing court for the purposes of setting a serious terrorism sentence or, alternatively, an extended sentence.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
Schedule 2 agreed to.
Clause 3
Offences relevant for provisions of this Act relating to Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 3 has essentially the same purpose as clause 2. Clause 2 applied to England and Wales; clause 3 does essentially the same thing in relation to Northern Ireland, by amending article 12 of the Criminal Justice (Northern Ireland) Order 2008.
Conor McGinn (St Helens North) (Lab)
There is a specific point on this and some other measures in this Bill pertaining to Northern Ireland: they will require a legislative consent motion in the Northern Ireland Assembly. To start as we mean to go on, and so that I do not have to ask the Minister this at every juncture, will he outline what representations he has received from the Northern Ireland Executive, specifically the Justice Minister? For the benefit of the Committee, will he also set out what it means to have to go through the legislative consent motion process?
Chris Philp
Under the Sewel convention, where a provision in UK legislation touches on a matter that is devolved to one of the nations of the United Kingdom, one applies for a legislative consent motion. Most of the Bill, relating as it does to terrorist offences, is reserved to the UK Government, but some relatively limited elements of it touch on matters that are ordinarily devolved. For them, we will of course seek a legislative consent motion under the Sewel convention. In that context, we have made contact with the Scottish Government in Holyrood and with the Northern Ireland Administration—in particular, with Justice Minister Naomi Long. We have entered into fairly extensive correspondence, which is ongoing, about the provisions in the Bill. The Justice Minister in Northern Ireland has raised various matters, which she has asked questions about, asked for clarification about and wanted to discuss further. Those discussions and that correspondence are ongoing.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Schedule 3 agreed to.
Clause 4
Serious terrorism sentence for adults aged under 21: England and Wales
Alex Cunningham
I beg to move amendment 37, in clause 4, page 5, line 32, at end insert—
“(7) The pre-sentence report must—
(a) take account of the offender’s age;
(b) consider whether options other than a serious terrorism sentence might be more effective at—
(i) reducing the risk of serious harm to members of the public, or
(ii) rehabilitating the offender.
(8) The court must take account of any points made by the pre-sentence report in relation to the matters in subsection (7) and consider whether they constitute exceptional circumstances under subsection (2).”
Ruth Cadbury
I absolutely agree with my hon. Friend. As others have said, it would have been better if there had been proper risk assessments of a number of aspects of the Bill, because many clauses do not seem to be evidence-based. We know that we have funding problems within the prison system. We know that we have, as we heard this morning, disjoints between various elements of the course through the system for offenders. There is an awful lot of work to do, and there are a number of respects in which I do not feel that the Bill is fit for purpose. It would have been better if it had been based on proper evidence of what works to reduce the threat to the public and improve rehabilitation.
Children have long been treated differently in sentencing considerations, and the amendments would enable particular considerations for young adults, particularly of their maturity. Mr Hall, the independent reviewer, was concerned that, unless these considerations are taken into account, we risk locking people up for too long, building bitterness and a refusal to engage in the prison system, and actually, on eventual release, potentially a greater risk. He considered that longer and more punitive sentences do not in themselves ensure that people are less dangerous on release, and that while extending sentences for serious offenders may, of course, keep them out of our harm’s way for a temporary period, we do not want them to leave prison more dangerous than when they entered.
Early release provides prisoners with the incentive to behave and show that they are capable of reform. We heard powerful evidence that prison staff are at increased risk of harm where hope is lost. As my hon. Friend the Member for Stockton North said, many studies show that young terrorist offenders are much more likely to reform than older offenders, yet the Bill treats a young adult who has just turned 18 the same as an older offender. Are the Secretary of State and the Minister concerned that the Bill effectively gives up on those offenders?
We need to look at the evidence, not the tabloids. We need a flexible response that is offender-based, and it must be tailored. If we really want to enable rehabilitation and reduce the harm to the public, I hope that the Minister will consider the amendment.
Chris Philp
I will speak to the amendments relating to younger offenders. There are a couple of things to be clear about first of all. For the sake of absolute clarity, offenders who are under the age of 18 are not subject to the 14-year minimum prison sentence. Only offenders over the age of 18 are subject to those provisions. The amendments relate to offenders aged between 18 and 21, so we are discussing a very specific cohort.
I agree and concur with many points that the shadow Minister and the hon. Member for Brentford and Isleworth made about rehabilitation, and about the increased opportunity for rehabilitation for younger people. It is of course the case that younger people are more open to change—particularly as their brains mature—than older people, and it is right that we try to work with them to achieve that. I would not dispute that as a general principle, but clause 4 as drafted applies to an extremely small subsection of those offenders aged between 18 and 21. It by no means applies to the generality of offenders, including terrorist offenders, aged 18 to 21. It applies to that narrow subsection who have committed a serious terrorist offence, as we have discussed already, but it also requires a finding by the judge, following a pre-sentence report—something the shadow Minister referred to in his amendment and in his speech—of dangerousness. What a finding of dangerousness means in law is that there is a significant risk of the offender causing serious harm by committing further serious terrorism or other specified offences.
There are already two hurdles to jump: a serious terrorist offence, followed by a finding of dangerousness based on a pre-sentence report. However, there is also a third hurdle that must be jumped before a younger offender aged 18 to 21 would fall into the scope of this clause, which is that, at the time of committing the offence. they were aware, or should have been aware, that their offence was very likely to result in or contribute to multiple deaths. That is a well-established test dating back to section 1 of the Terrorism Act 2000. We are talking about an extremely small subsection of offenders aged 18 to 21 and a very small subsection even of terrorist offenders—those who meet all three of those criteria.
Alex Cunningham
I wonder whether it really is true that it is such a small cohort of offenders, because the Bill opens up the number of offences that can be considered severe enough for this sentence to be passed. There may currently be very few, but this new law extends the offences quite considerably—in fact, in some ways, it leaves it quite open for people to determine that a terrorist offence or a terrorist connection is involved. Surely there is more opportunity now for people to be serving this sort of sentence.
Chris Philp
The provisions open it up for judges to make a finding of a terrorist connection, but the impact assessment for the Bill refers to a potential increase in the prison population of 50 people. Of course, that is for all ages over 18; if we consider how many of those estimated additional 50 places might be occupied by people aged between 18 and 21, one might reasonably assume that the number at any one time will certainly be less than 10 and possibly even less than five. That is an estimate, but none the less, it appears in the impact assessment.
Alex Cunningham
It might be helpful, as the Bill progresses, if the Minister could publish some of the facts and the evidence for the claim he has just made about the 50 people and the relatively small number of younger people.
Chris Philp
I think the number 50 appears in the impact assessment, and I would be happy to look into the basis for that estimate. As for the number of younger people, that was something that I spontaneously generated, based on the fact that we are talking about a three-year range from 18 to 21, whereas the number of offenders will generally cover all ages, from 18 upwards.
The point I am making is that, while I accept the generality of what the shadow Minister and the hon. Member for Brentford and Isleworth say about the need to have hope and to have an opportunity to rehabilitate, we are talking about a very small number of very serious offenders, who have been assessed as dangerous following a pre-sentence report and who have engaged in activity likely to cause multiple deaths. In those very serious circumstances, I think it is appropriate, and I think the public would also think it is appropriate, that we protect the public for an extended period, as this Bill does.
If we are talking about other offenders, including terrorist offenders who do not meet that level of seriousness—there are many—all the comments made about rehabilitation and the chance to reform do legitimately apply. Indeed, we heard in evidence earlier today that the proven reoffending rate on release for that sort of offender is between 5% and 10%, which is an extraordinarily low figure compared with other cohorts. That suggests that the rehabilitation work done in prison is effective, as I think our last witness this morning suggested.
It is important, given the assessment of dangerousness that is made, that the pre-sentence report fully reflects the offender’s ability to change and the changes to the brain and so on that take place around the early 20s. That is a point that my hon. Friend the Member for Aylesbury, who is not with us this afternoon as he is attending the Justice Committee, has made to me. I will discuss with the Minister of State, Ministry of Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer)—I would not like to get my north, south, east and west muddled up—who is the prisons and probation Minister, whether there is any more we can do to make sure that these pre-sentence reports fully reflect the points that the shadow Minister and the hon. Member for Brentford and Isleworth have made about people’s ability to change. Those points are relevant in the context of assessing dangerousness, because if someone is undergoing changes, they may be less dangerous than someone who is fixed in their ways. I will take up that point with my hon. and learned Friend.
Alex Cunningham
The Minister may well be considering whether he is prepared to take the risk with this small cohort of people. As my hon. Friend the Member for Brentford and Isleworth outlined earlier, these individuals, who could reach middle age before there is any prospect of the state being off their back, are susceptible to further radicalisation in prison and might radicalise others. Surely, therefore, there is an element of risk that needs to be considered so that we can try to balance things.
Chris Philp
The cohort that I have described are dangerous, have been found to be dangerous by a judge following a pre-sentence report and have tried to kill multiple people. With this very small number of very dangerous people, who are endangering the lives of our fellow citizens, it is appropriate to prevent them for an extended period of time—a minimum of 14 years—from attacking our fellow citizens in the future. It is a truly exceptional and small cohort.
Speaking of the word “exceptional”, if there are circumstances in relation to these people that a judge thinks are truly exceptional—some extraordinary extenuating circumstances—and that, despite the fact that they have done the terrible things I have described and despite the finding of dangerousness, merit different treatment, the judge has open to them the possibility to make a finding that there is an exceptional circumstance and can derogate from the 14-year minimum. We would expect that to be extremely unusual—indeed, truly exceptional, as the word implies.
Given how dangerous and damaging this very small number of people are, and given our obligation to protect the public, this measure is couched appropriately. There is the ability to not make a finding of dangerousness, having read the pre-sentence report. There is also the ability for the judge to find that an exceptional circumstance applies. That provides more than adequate protection, bearing in mind how dangerous these people are.
As for other offenders, however, I take the point about the need to rehabilitate; rehabilitation is often successful, as we have seen from the figures. As I said, I will talk to my hon. and learned Friend the prisons and probation Minister to make sure that all the relevant information is collected in probation reports, which will help a judge when making a determination on the question of dangerousness.
I would like to briefly respond to a point made by the hon. Member for Brentford and Isleworth about indeterminate sentences and throwing away the key, as she put it. Of course, the coalition Government legislated—I think it was in 2012—to get rid of the former sentences of imprisonment for public protection, which had been introduced in the early 2000s, whereby people could be left in prison forever, despite not having been given a life sentence. Those sentences were replaced with extended determinate sentences, so the coalition Government, which of course was Conservative-led, legislated to remove, or significantly reduce, that problem of locking people up and throwing away the key, which the hon. Member referred to in her speech.
I hope that I have explained why this measure is appropriate, bearing in mind the small numbers and the extreme danger that these people represent, and I express my support for the Bill as it is currently drafted.
Chris Philp
In my response to the amendment, I described the effect of the clause and the tests to be applied. If those tests are met, the minimum sentence of 14 years will be imposed, followed by a licence period of not less than seven years and not greater than 25. I beg to move that the clause stand part of the Bill.
Question put and agreed to.
Clause 4 accordingly ordered to stand part of the Bill.
Clause 5
Serious terrorism sentence for adults aged 21 or over: England and Wales
Alex Cunningham
I beg to move amendment 38, in clause 5, page 7, line 35, after “25 years.”, insert—
“(5) Where—
(a) a prisoner is subject to a licence for an extension period under this section, and
(b) the qualifying period has expired,
the Secretary of State shall, if directed to do so by the National Probation Service, order that the licence is to cease to have effect.
(6) Where—
(a) the prisoner has been released on licence for an extension period under this section;
(b) the qualifying period has expired; and
(c) if the prisoner has made a previous application under this subsection, a period of at least twelve months has expired since the disposal of that application,
the prisoner may make an application to the National Probation Service under this subsection.
(7) Where an application is made under subsection (6) above, the National Probation Service—
(a) shall, if it is satisfied that it is no longer necessary for the protection of the public that the licence should remain in force, direct the Secretary of State to make an order that the licence is to cease to have effect;
(b) shall otherwise dismiss the application.
(8) In this section, ‘the qualifying period’, in relation to a prisoner who has been released on licence, means the period of ten years beginning with the date of his release.”
The main area of concern that has led to the amendment relates to the maximum 25 years on licence specified by the Bill. We of course accept that we cannot have a cliff-edge situation whereby someone leaves prison without any further monitoring, particularly offenders in this cohort. There must be a licence period once the offender leaves prison. The issue is whether a licence period of up to 25 years is reasonable and whether it is a proportionate way of addressing the problem. There is also the concern over the lack of any review mechanism.
A licence for 25 years is equivalent to a licence for life. As well as severely curtailing the human rights of the offender after they have already completed their full custodial sentence, a licence for life also fundamentally constrains their ability to play an active part in society. For example, it would be a constant barrier to employment and—who knows?—perhaps new relationships. We would essentially be telling people that there is no point in them rehabilitating or contributing to society, because they will always be under suspicion—always under the careful watch and restriction of the state. A life on licence reduces individuals’ capability to reform and take positive action. It can have a detrimental impact on the joys of life that can keep an individual on the straight and narrow.
There is also the issue of the administrative burden on an already overworked National Probation Service, which has a financial cost, and which requires additional trained probation officers to deal with those released on licence. I would be interested to know where the idea for a term of 25 years on licence comes from. Is the Government’s intention simply that anyone convicted and sentenced to a determinate sentence of 14 years, with 25 years on licence, should have a life sentence, with the state constantly on their case and without any prospect of being released from it? If so, the Minister should say so. Can he confirm that there is logic in the period that he has decided on? Has he looked at the costs and at whether 20-year licenses, which would naturally be less expensive for the state, might be just as effective?
As I have said, the main area of concern that these amendments address is the maximum 25 years on licence specified by the Bill, which is effectively a licence for life under an indeterminate sentence for public protection. However, unlike the licence for life, the Bill does not allow for the licence to be terminated in certain circumstances. That creates an issue of unfairness, as well as a huge administrative burden, at a cost to the public purse.
I agree with the Independent Reviewer of Terrorism Legislation, Jonathan Hall, who said:
“determining whether a 7-year, 15-year or 25-year licence is appropriate at the point of sentencing for dangerous individuals who have committed the most serious offences may be asking courts to engage in guesswork.”
I personally would not feel confident in making such a decision. Would the Minister?
As I said earlier, there is a concern about existing case law and guidance available for sentencers on identifying terrorism connections when sentencing. We cannot expect sentencers to feel truly comfortable and informed if the frame of what licence they can impose is so broad. It is worth reiterating that a 25-year licence period is not so different from a licence for life. However, whereas licences for life imposed on imprisonment for public protection prisoners could be terminated in appropriate cases, that does not apply to serious terrorism sentences. It feels like the principle of rehabilitation is again being somewhat missed.
I spoke earlier this afternoon about young people. Is it the Minister’s intention that they are effectively to remain on licence until within a few years of the state retirement age? A 14-year term for a 20-year-old means that they will be 59 before they are free of the licence. Will the Minister clarify the merits of 25-year licensing and address young people in particular?
I am a strong believer in people doing their time for violent offences, but with a strong focus on rehabilitation. Our amendment would give them some hope that their good behaviour has paid off after time. Perhaps we need to give people sight of a future where they would live their lives in a very different way—an honest and crime-free way. What, if anything, can the Minister offer those people—particularly younger ones?
Chris Philp
The shadow Minister posed a question: why a maximum of 25 years? Therein lies the answer.
Alex Cunningham
Maybe I misunderstood, but I thought the 25 years was mandatory.
Chris Philp
No, it is a maximum. The licence period is between seven and 25 years; within that, the judge has discretion to choose the most appropriate length of time. The point that I was about to make is that it is up to judicial discretion to decide the appropriate length of time. We ask the judge to make that determination, as we do when setting any licence condition. That is the way the licence system works at the moment. The judge sets the licence period at the point of sentence.
The shadow Minister, quoting the independent reviewer, asked, “How can the judge know in advance what a suitable length of time may be, looking potentially as far as 25 years into the future?” The answer to that question is that although the licence period cannot and in my view should not be varied by the Probation Service acting administratively—that is for the judge to decide—the Probation Service can, and frequently does, vary the terms of the licence conditions; as an offender behaves better over time and matures, or as their radical or criminal behaviour more generally changes as they get older, the licensing conditions can be and are relaxed. The Probation Service does that as a matter of routine, and I would expect and hope for that to happen as time passes.
Were we to give the Probation Service the ability to change the length of licence period, it would be overriding a judicial decision, which is wrong in principle and would possibly infringe article 6 of the European convention on human rights, which says that the Government should not be allowed to interfere with or alter a sentence handed down by the court.
The shadow Minister mentioned the arrangements for terminating licence conditions for indeterminate sentences—that is, the old imprisonment for public protection I referred to previously. As the name implies, those IPPs are indeterminate and indefinite. A judge has not imposed a time limit, so they could go on for the duration of somebody’s life. Some termination mechanism is needed.
Where a judge has made a decision—and it is up to the judge to choose, at their discretion, somewhere between seven and 25 years—it is right that licence condition is applied for that length of time. However, to reassure the Committee and the shadow Minister, I should say that the Probation Service can, as appropriate, relax and change those licence conditions as time passes. That is the right way of handling the issue.
Alex Cunningham
I accept the Minister’s explanation and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chris Philp
We have covered many of the operative provisions. They are rather similar to the ones we debated in clause 4, in relation to people under the age of 21.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Clause 6
Serious terrorism sentence: Scotland
Kenny MacAskill (East Lothian) (SNP)
I beg to move amendment 43, in clause 6, page 8, line 10, at end insert—
“(ea) the court does not impose an order for lifelong restriction under section 210F of the Criminal Procedure (Scotland) Act 1995, and”.
This amendment disapplies Clause 6 if an order for lifelong restriction, a sentence unique to Scotland, has been imposed.
It is a pleasure to serve under your chairmanship, Mr McCabe. Before I move to the specifics of amendment 43, I will say by way of preface where my party and I are coming from. As the Minister is aware, we recognise that it is the duty of not just a Government to keep their citizens safe and secure; it is the obligation of all who serve in Parliament. At the outset, we have given the Government our assurance that any opposition will attempt to be as constructive as possible, to ensure that the challenge of terrorism that we now see, sadly, all too regularly in our communities, is addressed and that we keep our people as safe as they can be.
Some issues concern us. The burden of proof has been mentioned in terms of TPIMs. The balance of the burden of proof has been an issue for over 40 years, since my involvement in the law—and, in a way, since the legal profession and legal systems came about. We recognise that there is good reason why there has to be some distinction when it comes to terrorism and that standards that might normally apply in a wider criminal trial cannot be expected, especially with regard to TPIMs. However, there still has to be an element of proportionality, and we have to ensure that we protect the rights of those who face considerable periods of loss of liberty. That is why we have concerns and are watching the situation.
Sadly, the issue disproportionately impacts BAME communities; we are conscious of that. It is clear that we are required not only to protect our people from terrorism—and, indeed, to punish those who perpetrate it—but to prevent it from happening in the first instance. If we have a system that is perceived, whether it in fact is or not, as prejudicial and impacting harshly, even sometimes deliberately, on one community, issues arise. Those of us old enough to remember the consequences of internment in Northern Ireland will realise that a community’s feeling of being discriminated against can be a recruiting sergeant rather than the method of preventing such recruitment.
Chris Philp
I thank the hon. Member for East Lothian for his constructive comments at the beginning of his speech. As the shadow Minister said, in many respects the work on the Bill demonstrates Parliament and public life at its best, as we work together to protect our fellow citizens throughout the whole United Kingdom. Protecting our fellow citizens from violent attack is, thankfully, a principle on which we all agree, regardless of our differences on various other topics that often come before us. I am grateful for the constructive approach of the hon. Member for East Lothian, accepting, of course, that he wishes to discuss further points in due course, a few of which he mentioned.
There is clearly a question about how this legislation interacts with the order for lifelong restriction, which is applicable in Scotland. Indeed, the sentence that a Scottish court might hand down in the absence of this legislation could conceivably be longer—lifelong, as the name implies—than the period required by this legislation. The Government essentially accept the principle that there is an interaction that requires further work, and—let me be clear—further amendment.
On the detail of how the interaction will work best, discussions are ongoing between Ministry of Justice officials and officials in the Justice Directorate in Scotland about the technicalities. For example, although the clause as it is drafted would make it possible for an OLR to be imposed and, therefore, a lifelong restriction to be in place, we would lose the 14-year minimum sentence. What we would like to try to achieve technically is an amendment that preserves the concept of the 14-year minimum, but allows the lifelong restrictions to apply thereafter if a Scottish judge sees fit.
Those technical discussions are taking place. If the hon. Member for East Lothian or his colleague, the hon. and learned Member for Edinburgh South West, wish to participate in those technical discussions, they are welcome to do so.
The fact that we would lose the 14-year minimum is problematic, but I accept the principle that an amendment is needed. If we can put such an amendment together quickly enough, we will be happy to bring it forward, in consultation with the hon. Gentleman, on Report. If we cannot get it ready fast enough for that, perhaps their lordships will be kind enough to consider making an appropriate amendment down at their end of the building.
I hope that my comments illustrate that I recognise the validity and the reasonableness of the point being raised. I hope that we can find a way to amend the Bill to preserve the 14-year minimum but not take away any ability that Scottish judges currently have to impose longer restrictions, should they see fit.
Kenny MacAskill
I am happy to accept that parliamentary drafting has its complexities; it is a skill way beyond my level of competence, but I appreciate the difficulties that go with it. I am happy to accept the undertaking given by the Minister, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 6 has the same operative effect as clause 5 has in relation to England and Wales.
Question put and agreed to.
Clause 6 accordingly ordered to stand part of the Bill.
Schedule 4 agreed to.
Clause 7
Serious terrorism sentence: Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 7 and associated Government amendment 31 essentially do all the things we have just debated in relation to England, Wales and Scotland, but apply to Northern Ireland. The Government amendment is to ensure that we interact with Northern Irish sentencing law in a consistent way. It is rather the same issue that we debated a moment ago in relation to Scotland, where similar thinking clearly needs to be developed a little further. Government amendment 31 makes, I think, five technical changes to ensure that the measures that we have already debated apply consistently and coherently in Northern Ireland.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Clause 8
Reduction in appropriate custodial term for guilty pleas: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 8 relates to a reduction to the minimum custodial term for a serious terrorist sentence where the offender makes a guilty plea at the earliest opportunity. Ordinarily, when such a guilty plea is entered for most offences—not quite all, but most—a discount of up to 33% of the sentence is possible. However, reflecting the very serious nature of the offences we are debating, the clause limits the discount for an early guilty plea to 20% of the custodial term. By way of illustration, if a 14-year minimum were imposed—it could be more, of course—the reduction could be to 11 years and 73 days, but no less. Practically, that is implemented by inserting a new subsection into section 73 of the sentencing code.
Question put and agreed to.
Clause 8 accordingly ordered to stand part of the Bill.
Clause 9
Reduction in appropriate custodial term for guilty pleas: Scotland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 9 has the same effect as the one we have just discussed, but in relation to Scotland.
Question put and agreed to.
Clause 9 accordingly ordered to stand part of the Bill.
Clause 10
Reduction in appropriate custodial term for assistance to prosecution: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 10 provides for the court to apply a reduction to the custodial term for a serious terrorist sentence in England and Wales from the 14-year minimum in cases where the offender assists the prosecution. It does so by inserting a new subsection into section 74 of the sentencing code. The subsection notes that nothing in the STS sentencing provisions affects the court’s ability or power to take into account the extent and nature of any assistance given to the prosecution.
In keeping with the approach to all other sentences, including other minimum sentences and mandatory life sentences, there is no maximum reduction rate in relation to the flexibility that I have just described. While we are determined to ensure that serious terrorists receive the appropriate penalties for their offending, it is also important to ensure that an incentive remains for guilty offenders to assist the prosecution with other cases it may be pursuing.
This is a well-established process within the sentencing procedure across the whole United Kingdom. It can, and indeed often does, play a pivotal role in helping our prosecutors and the police to secure guilty verdicts in other, often more significant, related cases where the defendants may be a higher risk to the public than those in the case under direct consideration. We think it appropriate to continue that judicial discretion in cases where defendants assist the prosecution and where that assistance may help to convict other, even more dangerous people.
Question put and agreed to.
Clause 10 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Tom Pursglove.)
Covid-19: Support and Accommodation for Asylum Seekers
Chris Philp Excerpts(4 years, 5 months ago)
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Alison Thewliss (Glasgow Central) (SNP)
(Urgent Question): To ask the Home Secretary if she will make a statement on support and accommodation for asylum seekers during the covid-19 pandemic.
Thank you, Mr Speaker, for those kind words; they will mean an awful lot to my constituents.
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
My thoughts and those of the Home Secretary and, I am sure, the entire House are with the victims of the appalling knife attack that happened in Glasgow on Friday afternoon. I would like to pay tribute to the brave first responders who, as always, ran towards danger to protect the public. They include Police Scotland hero David Whyte, who was very sadly seriously wounded. The suspect has been named as Badreddin Abadlla Adam, a 28-year-old asylum seeker originally from Sudan. The House will appreciate that I am able to provide only limited information on this case while the investigation is under way, but I can talk about the United Kingdom’s proud history of supporting asylum seekers.
Last year, the United Kingdom made 20,000 grants of protection or asylum, one of the highest numbers of any country in Europe. We welcomed more than 3,000 unaccompanied asylum-seeking children, the highest number of any country in Europe. Indeed, it made up 20% of Europe’s UASC intake.
The UK has a statutory obligation to provide destitute asylum seekers with support while their case is being considered. While asylum cases are being considered, asylum seekers who would otherwise be destitute are provided with free accommodation. The utilities are paid for, council tax is paid for and free healthcare on the NHS is available. Free education is available for those with children, and there is a cash allowance to cover other essential living needs, which recently increased by 5%, considerably more than inflation. The package needs to be viewed as a whole.
During the coronavirus pandemic, we have stepped up the help available to go beyond the statutory requirements that I have just laid out. We have paused the usual practice of asking people to move on from supported accommodation when their asylum claim is decided either positively or negatively, so that they can remain in supported asylum accommodation. As a consequence of that decision, which was implemented on 27 March, around 4,000 more people are in supported accommodation than was the case at the end of March, because people are still coming into the system, but nobody is moving on. We have therefore been frantically procuring additional accommodation around the country to meet that additional need. The circumstances in Glasgow are slightly different, but I suspect we will come on to the specifics of Glasgow, so I will answer those questions in due course. That is the principal measure we have taken to ensure that people seeking asylum have been looked after and protected during the coronavirus epidemic.
Where we have procured additional hotels, we provide full-board accommodation, including laundry services, personal hygiene products and feminine hygiene products. Wrap-around services are also provided, including welfare support, healthcare and access to mental health services. Asylum seekers also have 24-hour-a-day access to assistance via Migrant Help through a freephone number.
We are working at pace to increase the available accommodation so that we can move asylum seekers from hotels into more permanent accommodation as quickly as possible, which I think we would all agree is more suitable. Efforts are currently under way to do exactly that. Over time and in due course, we will be returning to a business-as-usual approach in a phased, proportionate and careful way.
We are committed to ensuring that vulnerable asylum seekers are provided with all the support they require. As our nation has been battling coronavirus, we have continued and will continue to look after asylum seekers. We will continue to drive forward the reforms required to support those asylum seekers who are in genuine need. I commend this statement to the House.
Alison Thewliss
There have been two deaths in hotel accommodation in Glasgow Central since the start of lockdown: Adnan Elbi in McLays Guest House at the start of May, and Badreddin Abadlla Adam, who was shot dead on Friday after carrying out a shocking knife attack, which left three asylum seekers, two Park Inn hotel staff and Police Constable David Whyte in hospital. My thoughts are with them and their loved ones, and my thanks go to the emergency services who so bravely and swiftly dealt with a terrifying situation.
The Minister came to the House less than two weeks ago to hear the concerns raised by my hon. Friend the Member for Glasgow South West (Chris Stephens). Our concerns persist. At the start of lockdown, the Home Office contractor Mears moved 321 people from initial accommodation in serviced flats across Glasgow into city centre hotels. It did not consult, as it is obliged to do, with Glasgow City Council or anyone else. Contrary to the oral and written evidence to the Home Affairs Committee by Mears boss John Taylor, those people included pregnant women, trafficked women, torture victims, family groups and vulnerable people, young people included, two of whom ended up in hospital on Friday. They were given little notice: according to the Scottish Refugee Council, one family with food on the hob and clothes in the washing machine were given half an hour to gather their belongings.
One of my constituents was a friend of Adnan, who died in McLay’s Guest House. He has faced extreme trauma because of that and has asked to be moved, but is still in that guest house two months later.
I have some questions for the Minister. First, which Whitehall source led the BBC to report that three people had been found dead, which was not true and caused a great deal of distress in my constituency? Mears has misled Committee members—elected Members—and has now admitted that no vulnerability assessments were carried out. When did the Minister find out that Mears had lied to everybody about this, and will he suspend its contract? Will he immediately reinstate the meagre £5.37 a day to allow asylum seekers a small but important degree of dignity? Will he halt any evictions while this outbreak is going on? Will he work with Glasgow City Council, organisations in Glasgow, the Scottish Government and asylum seekers themselves to return them to appropriate accommodation as soon as possible? Will he authorise an independent inquiry into asylum accommodation, which is very urgently needed? Lastly, will he take responsibility and apologise for a saga that has heaped trauma on to already vulnerable people in Glasgow and across the UK?
Chris Philp
I thank the hon. Lady for those questions. She started by asking about the move of 321 people in Glasgow from serviced apartments into hotel accommodation, which occurred around the end of March. That was a separate process from the one I described earlier, involving the extra 4,000 places. The contractor, Mears, moved those 321 people from the serviced apartments into hotels because it was judged that, as the coronavirus epidemic took hold, the serviced apartments were not appropriate and not safe. It was done for safety reasons, and that has been entirely borne out by the subsequent statistics. Glasgow accommodates slightly over 5,000 asylum seekers, as the hon. Lady will know—many of them are in her constituency—and during the coronavirus epidemic over the last three months or so, of those over 5,000 service users, only two have tested positive for coronavirus, and both, I am pleased to say, have fully recovered. Among those people accommodated in hotels there has not been a single confirmed case of coronavirus. So the steps being taken to safeguard the public, and to safeguard the asylum seekers in particular, have been successful.
The hon. Lady asked about the plans for the future, and I can confirm that it is our plan to move people out of those hotels into more regular mainstream accommodation as quickly as possible. That was always the intention; it was only ever a temporary measure, and that applies to hotel accommodation, of course, in the rest of the United Kingdom as well as in Scotland. But I would say that these hotels are of good quality. The one involved on Friday was a three-star Radisson hotel; it was a good hotel with substantial facilities, including en suite showers for every single room.
The hon. Lady asked about evictions and whether people are being asked to move on, as would ordinarily be the case. That is currently not happening, as she knows, following the announcement on 27 March, but in due course, as life returns a little bit more to normal and now that the ban on moving home has ended, we will be returning to normal over time, but it will be done in a very careful and phased way. Nothing will be done in a rush, and I would point out that those who have successful asylum grants will actually be better off with universal credit when they move on, so it is in their interests as well.
There are a number of questions that the hon. Lady and her colleagues from Glasgow asked me in a letter dated a week ago today, 22 June. I do now have detailed answers to all those questions. I will be sending them in writing, to the hon. Member for Glasgow South West (Chris Stephens) in the first instance, in the next 24 to 48 hours, and then meeting with all Glasgow MPs who wish to meet her to go through those in detail either later this week or at the latest early next week.
Aaron Bell (Newcastle-under-Lyme) (Con)
May I start, Mr Speaker, by associating myself with the sympathies you offered to the people of Glasgow on this horrible attack?
I agree with my hon. Friend the Minister that we have a proud history of helping those most in need. Does he agree that those who abuse asylum make it harder for those who are genuinely vulnerable, and so can he confirm that the Home Office is committed to reforming the system, so that it can make swifter judgments and truly work for those most in need?
Chris Philp
I thank my hon. Friend for his question, and he is right. Some asylum claims are meritorious—obviously, many are—and we should work quickly and humanely to grant those applications and offer help on integrating into UK society. But where there are meritless asylum claims, we need to make sure those are equally identified and rejected quickly, because it is unfair on the British public as a whole and on genuine asylum claimants if unmeritorious claims take up too much time in our system.
Holly Lynch (Halifax) (Lab)
Let me start by thanking the hon. Member for Glasgow Central (Alison Thewliss) for securing this important urgent question and the Minister for his initial response. Once again, I wish to pay tribute to the extraordinary bravery and dedication of our emergency service workers. I know that the whole House is united in sending our gratitude to PC David Whyte and our best wishes for his recovery, just as we send our best wishes for the recovery of all those injured in this tragic attack. PC Whyte was part of a policing team who responded quickly and skilfully to keep people from danger, and he and his colleagues will have our heartfelt admiration and respect. Working alongside our magnificent NHS, they were able to save lives on Friday, but this worrying incident clearly poses a number of serious questions.
We are sympathetic to the speed with which additional accommodation has had to be sought for asylum seekers, at different stages of the asylum process, in the interests of public health going into lockdown. However, this tragic attack is an important reminder of why it is vital to deliver the correct, balanced approach to housing and related support services for asylum seekers, as well as supporting the wider community. As a result, there are a number of questions I would like to ask the Minister.
At the weekend, the Home Secretary suggested that this type of accommodation had been allocated because of the covid-19 crisis. However, we know that there is an ongoing problem, which predates the crisis, of people having been housed in what is deemed to be “initial accommodation” for prolonged periods before being moved into more appropriate dispersal accommodation. Can the Minister clarify how many asylum seekers are in initial accommodation compared with the number in dispersal accommodation across the country? Will he update the House about the duration of stays for asylum seekers at the Park Inn hotel in Glasgow? Will he share with the House what vulnerability and risk assessments the Home Office and service providers are currently conducting when placing people in asylum support accommodation, in order to ensure that people have the support they need, including access to mental health support? Finally, what work is being undertaken to identify the risk factors that could have been spotted in this attacker, and how will that change future practice?
Chris Philp
I thank the shadow Minister for her question. I should take this opportunity to welcome her to her place, and I look forward to many exchanges across the Dispatch Box in the months and, perhaps if we are lucky, years ahead. She asked about the numbers of people being supported in asylum accommodation. We currently have 44,000 people being supported under section 95 of the Immigration and Asylum Act 1999 and some 4,000 people being supported under section 4; pre-coronavirus, we had about 48,000 people supported. The number has increased dramatically in the past four or five years—it has almost doubled in that period—so we are growing our asylum accommodation estate in order to cater for that growth. Of course, we are trying to get people into dispersed accommodation—the more stable accommodation—as much as we can. As my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) alluded to in the previous question, the more we can make sure we can look after meritorious claims quickly but dismiss unmeritorious claims, the less pressure there will be on asylum accommodation in the first place.
Every asylum seeker is subjected to a risk assessment, on health and on other grounds, at the point of receipt into the system. I do not want to comment too much on this individual’s case, but when he first made one of his asylum claims—he made two—he flagged a health vulnerability, but it was a minor physical vulnerability, not anything that could have had anything to do with what happened on Friday. I assure the hon. Lady that those assessments do take place and there are round-the-clock facilities for asylum seekers to report any health or any issues that they may have.
Bob Blackman (Harrow East) (Con) [V]
I thank the Minister for his answers thus far. Clearly, he is right to extol the virtues, which we in this country hold dear, of extending our hands and arms to those who are fleeing and who are extremely vulnerable. Many of them will have come from war-torn areas of the globe. Some of them will be dangerous to other asylum seekers and the British public, so what measures will he look at to assess those individuals’ risk of violence towards the British public and other asylum seekers?
Chris Philp
My hon. Friend, as always, makes a very good point. As I said in response to the shadow Minister a moment ago, risk assessments take place at the point of arrival and on an ongoing basis. I assure him that with asylum seekers, whenever UKVI identifies risk to others, appropriate action will always be taken. Everybody’s vigilance will be elevated to even higher levels after the incident on Friday.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
This was a devastating incident, and we, too, wish all six who are in hospital a full recovery. We pay tribute to Constable Whyte and his colleagues in the emergency services for their bravery. Our thoughts are also with the wider asylum community in Glasgow.
My hon. Friend the Member for Glasgow Central (Alison Thewliss) is absolutely right; there must be an independent inquiry, because huge questions persist as to why there was a mass move to hotels, how it was implemented and the extent to which vulnerabilities were or were not assessed. A huge gap has grown between the system that the Minister describes and reality as it has been described to us by people working on the ground.
For now, our focus must be on supporting people, so will the Home Office contribute funding for vital counselling and other support? Will the Minister reinstate even the pitiful cash support for individuals who are still in hotels? Will he ensure that the exit strategy is shared and consulted on with Glasgow City Council and other key partners? Will he maintain the pause in evictions? Will he speak to the leader of Glasgow City Council—a vital partner—as well as the Scottish Government? Finally, will he acknowledge that people are angry about what has happened, and that there are concerns that the Home Office’s approach to the asylum system has become so hands-off that it risks becoming a Cinderella service?
Chris Philp
The hon. Gentleman asked whether we would have discussions with Glasgow City Council about the ongoing asylum accommodation estate in that fine city, and of course we will. I believe that discussions took place this afternoon—in the last two or three hours—between Home Office officials and Glasgow City Council on the very topic of moving people out of hotels and into more stable accommodation.
The hon. Gentleman mentioned healthcare. Healthcare for asylum seekers, wherever they may be in the country, is taken care of by the local NHS or, in the case of Glasgow, by the Bridge Project, which is co-ordinated by Glasgow City Council. I have every confidence in the service that Glasgow City Council and the NHS in Scotland provide.
The hon. Gentleman asked about meeting Glasgow City Council, and I would be very happy to meet the leader of Glasgow City Council at any time. As I mentioned, I will be meeting Glasgow MPs, if not later this week, certainly next week. On the question of restarting move-ons, I have been very clear that as the country returns to normal, so we would expect the asylum system to return to normal. In a measured, phased and careful way, we will return to the system as it was before, which worked extremely well, but we will be extremely thoughtful in the way we do that.
Simon Fell (Barrow and Furness) (Con)
What marks a society out is how we treat our most vulnerable. I believe that the UK has a strong track record and should be proud of being one of the few countries during the covid lockdown still to take in unaccompanied minors. However, I am concerned about what happens next year if we do not have replacement schemes in place. Can my hon. Friend give me assurances that those schemes will continue next year, especially for unaccompanied minors and for family reunion?
Chris Philp
My hon. Friend is right to draw attention to our extremely proud record. I have already referred to the fact that we took in more unaccompanied asylum-seeking children last year than any other European country. We also took in some Dublin children during the coronavirus epidemic. About six or eight weeks ago, we took in a number of them from Greece who had been accommodated in the camps. We were pretty much the only European country allowing Dublin returns of that kind during coronavirus, which says a great deal about this country’s proud track record.
In terms of the future, clearly we are in the process of negotiation at the moment. An amendment to the Immigration and Social Security Co-ordination (EU Withdrawal) Bill on Report tomorrow has been tabled but, as required by statute, the Government are negotiating with the European Union in good faith to secure a replacement agreement for Dublin, to allow the reciprocal reunification of unaccompanied children—in both directions. A few weeks ago, we tabled a detailed legal case to facilitate that, and more negotiations are happening this week, I believe. I am sure that all of us in this House hope that those negotiations on a reciprocal basis are successful.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
We will debate those issues tomorrow. It is important that there are guarantees that young people can join family who are here and who can care for them, whatever reciprocal arrangements are in place.
May I ask the Minister specifically about support for asylum accommodation? I join with you, Mr Speaker, and Members across the House in sending our best wishes to those affected by the awful incident in Glasgow. The Home Affairs Committee has been told repeatedly of serious concerns about asylum seekers being left in hotel accommodation for long periods and about the rushed move of so many people into hotel accommodation in Glasgow during the crisis. Given that the Minister must have been asked about and consulted on those moves of people into hotel accommodation, why did he not consider providing additional financial support—otherwise it is withdrawn from people in hotel accommodation —that they could have used for things such as hand sanitation, additional food needs or basic provisions that they could not get?
Chris Philp
The reason for the rapid move, which we discussed earlier, around about the end of March, was the unsuitable conditions in the serviced apartments. That is why those 321 people were moved. As I said, it has been successful in that not a single one of the people moved into hotels in Glasgow has tested positive for coronavirus.
The right hon. Lady asked about the financial element. When someone is in dispersed accommodation or a serviced department, they get the allowance, which is principally to cover food and some other essentials. When they move into a hotel, all those things like food, the hand sanitiser she referred to, hygiene products, laundry services and so on are provided by the hotel, removing the need for the cash grant.
Anthony Mangnall (Totnes) (Con)
I, too, associate myself with your remarks at the start of the debate, Mr Speaker, to the people of Glasgow and the victims of last week’s atrocious act. This Government have been committed to supporting asylum seekers and children. What steps will the Minister’s Department take to assure councils of future support mechanisms for children?
Chris Philp
Looking after unaccompanied asylum-seeking children is extremely important. As a Member of Parliament representing Croydon, which has either the highest or second highest number of UASCs, I have seen at first hand how much care and support they often need. My hon. Friend asked about support for councils doing that. He may be aware that a few weeks ago, earlier in June, we announced a substantial increase in the funding for councils looking after unaccompanied asylum-seeking children and care leavers. Councils with the largest number of unaccompanied asylum-seeking children will get a 25% increase in their funding this year. All councils with care leavers will get increases of between 20% and 60% in their funding, which is a powerful demonstration of this Government’s commitment to ensuring that children are properly looked after.
Christine Jardine (Edinburgh West) (LD)
I, too, associate myself with your remarks earlier, Mr Speaker, about our sympathy being with the people of Glasgow and in particular our admiration for Constable Whyte. I also associate myself with the remarks made by the hon. Member for Glasgow Central (Alison Thewliss), particularly when she talked about the concerns that had already been expressed—the mental health concerns—by the Scottish Refugee Council and others about the conditions in which asylum seekers are being asked to live. Will the Minister consider a full public inquiry into what happened in Glasgow, so that, as we move away from what are, as he acknowledges, abnormal conditions at the moment—including the dreadful conditions we have seen in Glasgow —we can start to treat and look after asylum seekers in a much more acceptable manner that allows them their dignity and to be regarded as people who can contribute to society?
Chris Philp
There is currently a police investigation under way, so the right thing is to wait for the outcome of that investigation by Police Scotland before making any further comment. On the conditions that asylum seekers live in, as I have said, this country has an extremely proud history of looking after asylum seekers. We look after them much better than many, if not most, other European countries, with free accommodation, council tax paid for, utilities paid for, NHS treatment provided free, education provided for those with children, and a cash allowance in addition. I am proud of our record and am very happy to defend it.
Stuart Anderson (Wolverhampton South West) (Con)
I also echo your comments, Mr Speaker, and my thoughts are with everyone in Glasgow impacted by the incident.
Wolverhampton City of Sanctuary have been doing great with asylum seekers throughout the covid-19 pandemic and have been brilliant at making sure everyone is connected with each other during this difficult time. At the end of the pandemic, will my hon. Friend come and meet them to see the great work they are doing in Wolverhampton?
Chris Philp
I congratulate my hon. Friend and the fine city of Wolverhampton on their work. It sounds like they are setting an example to the rest of the country in how to manage this matter with compassion and sensitivity. I would of course be delighted to learn more about the work that he and his colleagues on Wolverhampton City Council are doing.
Jim Shannon (Strangford) (DUP)
On behalf of the DUP, I associate my hon. Friends and myself with the comments about the events in Glasgow. All of the United Kingdom of Great Britain and Northern Ireland are united in support of those who need help.
I have highlighted in the past to the Minister the discrepancy whereby those who are reliant on the welfare system have seen just a temporary rise of 26p. They do not understand, and to be truthful neither do I. I know he wants to help, which is very important, but what additional help and support is available at this time of fear, especially for those who do not understand the system, so that they can source all the financial assistance they need to survive?
Chris Philp
I say again that the cash amount, which went up by 5%, is only one small part of the support package, which includes free accommodation, council tax paid for, utilities paid for, free healthcare and free education. One has to look at the package in the round. He asked rightly about the advice and assistance available to migrants. There are helplines available through Migrant Help and other organisations via free phones available in these hotels and other places of accommodation, so that where they need assistance and advice they can access it. Of course, asylum seekers are also eligible for the more general support available to the whole of society via local authorities, which have received £3.2 billion to assist those in need at this time of national difficulty.
Dr Kieran Mullan (Crewe and Nantwich) (Con)
Through our aid spending, the British people play a leading role in supporting millions of refugees all over the world, including through the £2.8 billion we have committed in response to the Syria crisis. Does my hon. Friend agree that aid spending in conflict zones goes an enormous way to stopping people needing to seek asylum and reducing the trade of people traffickers?
Chris Philp
My hon. Friend is right. Every pound that we spend helping vulnerable people in a conflict zone can help far more people, and often those people are more vulnerable than those who come to the UK. Our money is most effectively spent in those conflict zones, which is why we are the only G7 economy to spend 0.7% of GNI on overseas aid, why we are the second biggest donor in the Syria region, and why we help so many people. I think our aid budget is the biggest or the second biggest of any European country. That is a measure of this country’s passion. It is through that programme that we can help the largest number of people in need.
Joy Morrissey (Beaconsfield) (Con)
Can my hon. Friend confirm that maintaining law and order and keeping the British public safe remain this Government’s top priority? Can he confirm that our asylum policy will always be in keeping with that ethos?
Chris Philp
Yes, I can categorically confirm that. The safety of our citizens is this Government’s highest priority. Where people, including asylum seekers, commit very serious offences, we will take appropriate action through the criminal justice system. But if someone who has been granted asylum commits a very serious offence, we are able, consistent with the refugee convention, to seek to remove that person. If somebody comes here and accepts our welcome and our hospitality but then commits a very serious criminal offence, endangering the public, it is right that that person should be eligible for removal, as allowed by the law.
Chris Stephens (Glasgow South West) (SNP)
Thank you, Mr Speaker, for your kind words to the people of Glasgow. It was a tragic and horrific scene, and it was a traumatic experience for those injured and those caught up in it who were living in the hotel, many of whom have had traumatic experiences in their lives, coming from war-torn countries or as trafficked women. I thank the Minister for committing to a meeting—the quicker the better, as far as I am concerned. I ask this question in general terms, not about the incident on Friday. Can he confirm what Mears confirmed in a press conference on Thursday morning: that those who were placed in hotel accommodation did not have a vulnerability risk assessment? Does he think it is right that trafficked women have been in hotels for 12 months?
Chris Philp
The 321 people moved into hotel accommodation in Glasgow have been there for around three months. As I said, work is under way, including this afternoon, between Home Office officials and Glasgow City Council to get them moved back into more regular accommodation as soon as is logistically possible. In terms of risk assessments, I mentioned before that all asylum seekers are interviewed at great length, including about various vulnerabilities, at the point when their asylum claim is made. In terms of ongoing vulnerability assessments, perhaps when people are being moved from A to B, I will have to look into that and get back to the hon. Gentleman.
Patrick Grady (Glasgow North) (SNP)
People make Glasgow, and our city remains united in wanting to give the warmest of welcomes to those who choose to make their home among us, but what asylum seekers have experienced during this pandemic is the hostile environment at its absolute worst. The Minister speaks of welcome and hospitality, but the 5% increase he talks of is 26p a day, and that has been withdrawn from the people who have been moved into hotel accommodation. Surely the way to respect their dignity and extend a welcome to asylum seekers is to extend the right to work to them, so that they can contribute to our society in the way that they want to.
Chris Philp
I do not for one moment accept the hon. Gentleman’s suggestion that there has been anything hostile in the environment extended to asylum seekers. As I have said several times, but I will say it again, in case he did not hear it, those who come here are given free accommodation, with council tax paid for and utilities paid for, free healthcare, free education and a cash allowance. During the coronavirus crisis, the ordinary operation of the asylum system, where people get asked to move on when their case is decided, has been suspended for the time being. That, in my view, is a compassionate and generous response, and I do not see any reasonable basis for criticising it.
Rob Roberts (Delyn) (Con) [V]
Every loss of life is a tragedy, and any crime perpetrated by people coming to these shores is a disaster, but does my hon Friend agree that we must not allow a few bad experiences to turn us into a mean-spirited country and that we should be doing more to support those who come to these shores? To echo the comments of my hon. Friend the Member for Wolverhampton South West (Stuart Anderson), the work of my local Flintshire City of Sanctuary in creating a culture of welcome and inclusion is exactly the approach we should be taking. Will my hon. Friend look further at what can be done in that area?
Chris Philp
The sound was a little intermittent, but I think I got the gist of my hon. Friend’s question. I can confirm that we will always seek to extend a welcome to those who are genuinely in need of protection. That is why last year we gave around 20,000 grants of asylum or protection, and of course we want to welcome those people and help them integrate into our society and make a meaningful contribution, as all of us want to. Where there are risks to public safety, we will naturally seek to take robust action to defend the safety of the British public.
Anne McLaughlin (Glasgow North East) (SNP) [V]
My constituent fled Syria. He is fragile but he felt safe until the Mears Group told him that he had 30 minutes to be moved to an unknown location because of lockdown. Far from offering the health support that the Minister has described in this utopia he keeps on about, that approach took my constituent right back to the traumatic state he was in when he first fled. We in Glasgow are sick of people being treated like this. What is the Minister going to do, not say, about it, because it is happening under his watch?
Chris Philp
The hon. Lady asked about moves at the beginning of the coronavirus epidemic and, as I have explained, that was done for reasons of public health and public safety. I will not apologise for taking steps at the beginning of this very serious health epidemic to protect the health of all the public and of asylum seekers in particular. As I have said, there have been no confirmed coronavirus cases among people living in Glasgow hotels, so that approach has worked.
Jo Gideon (Stoke-on-Trent Central) (Con)
I am delighted to say that my constituency of Stoke-on-Trent Central has welcomed many asylum seekers in the past, but does the Minister recognise that areas such as Stoke-on-Trent face huge and increasingly strained demands on our local support networks and that the capacity is not unlimited?
Chris Philp
Yes, I do accept what my hon. Friend says. I know that Stoke-on-Trent does a great deal already, for which all of us, I am sure, are very grateful. There are, of course, natural constraints to how much any given city can do, and one of the reasons that I will speed up the whole asylum process is to alleviate exactly those pressures.
Andrew Gwynne (Denton and Reddish) (Lab) [V]
Refugees and asylum seekers in the UK are here because their lives are at risk elsewhere and they need a temporary safe haven. Most live here peacefully and without issue for a period of time, but can the Minister clarify how information on those asylum seekers who may pose a threat to themselves and others is shared between the Home Office, councils, and health, police and security services?
Chris Philp
As the hon. Gentleman will understand, whenever a risk is identified, it is rapidly shared between all relevant organisations, including those that he listed. He mentioned providing sanctuary. Of course, many asylum seekers who reach here have travelled through safe countries first, particularly France, and it is appropriate for people seeking asylum to do so in the first safe country they get to.
Scott Benton (Blackpool South) (Con)
I associate myself with your comments earlier, Mr Speaker, and pass on my best wishes to those who have been sadly affected.
Does my hon. Friend agree that this appalling attack underlines the importance of reforming our asylum policy so that we can stop it being abused with false claims and ensure that those who pose a significant threat to our way of life have their claims rejected and are swiftly deported?
Chris Philp
My hon. Friend is right. The system is too slow. It is too slow to grant meritorious claims, but it is also, I am afraid to say, open to abuse with repeated unmeritorious appeals, which often drag the process out over many years. Reform is needed along the lines that he describes and it is something on which we are working.
Stewart Malcolm McDonald (Glasgow South) (SNP) [V]
Those of us who represent Glasgow are utterly horrified at the Minister’s tone deaf remarks about how lovely these hotel rooms are. I ask him whether he could stay in one hotel room for several weeks during lockdown. I am afraid to say that the Government have been posted missing on the issue of asylum accommodation in Glasgow, which many of us in the city have been jumping up and down about for several months. What is needed from the Government is an intensive engagement strategy with public bodies such as the council, the health service and the third sector. Given that no Minister has even met the leader of our city council since the Government came into office, will he implement an intensive engagement strategy now?
Chris Philp
I look forward to meeting Glasgow MPs next week and the leader of Glasgow City Council shortly.
James Sunderland (Bracknell) (Con)
I am generally reassured that asylum seekers receive the necessary support, but it is clear that the process of coming illegally to the UK is fraught with danger. Are we doing enough to disincentivise migrants from making the perilous journey and to bring people traffickers to justice?
Chris Philp
My hon. Friend is right. As I said a few moments ago, people should claim asylum in the first safe country that they reach, which very often is not the United Kingdom. Many of the arrivals here have travelled through Italy, Germany, France or many other manifestly safe European countries. They should claim asylum in one of those countries first. They should claim asylum in the first safe country they arrive in. Many of the people who cross the channel on small boats, for example, are facilitated by ruthless and dangerous criminals. We are cracking down on those, prosecuting them and arresting them. We are determined to stop dangerous illegal entry to the country.
Carol Monaghan (Glasgow North West) (SNP) [V]
Glasgow is a city that prides itself on welcoming asylum seekers and refugees. Since the shocking events on Friday, Glaswegians have, in typical fashion, voiced their support for the vulnerable people, including families, who were dumped in hotels at the start of lockdown. The Minister has talked about the generosity of the support package, but he must acknowledge that human beings need other things: they need human interactions and the love of their community. They need to feel whole. In May, a Syrian refugee was found dead in a hotel room after reporting that he was struggling with his mental health. The Home Office must have warning systems in place. What are they, and why are they not working like they should?
Chris Philp
The case that the hon. Lady refers to is the subject of an ongoing investigation, so we will see what the result of that investigation is in due course. I mentioned earlier that there are 24-hour mechanisms for anyone in asylum accommodation who feels like they are experiencing difficulties to report them, and there are health interventions that can then be followed up.
On the hon. Lady’s more general point about support, many people—asylum seekers and members of the general public—have experienced feelings of distress and isolation during the coronavirus lockdown. That is one of the burdens that we have had to collectively bear as a society in the past few months, but we are thankfully now moving beyond that.
Bob Stewart (Beckenham) (Con)
To follow up the question posed by my good friend the Member for Blackpool tower and the winter gardens—my hon. Friend the Member for Blackpool South (Scott Benton)—how long after someone’s application to remain has been rejected is it on average before that person leaves our shores?
Chris Philp
That varies a great deal, depending on the circumstances of the individual and the circumstances in their home country. I think it is fair to say, however, that the majority as matters stand do not end up leaving. If somebody’s asylum claim is rejected, and once the relevant appeal processes have been exhausted, it is only fair to the British public generally, and indeed to people who claim asylum successfully, that we ultimately ensure removal; otherwise, it makes a mockery of our immigration system.
Margaret Ferrier (Rutherglen and Hamilton West) (SNP) [V]
My thoughts are with those injured in the horrendous attack in Glasgow. I commend the bravery of PC Whyte and the officers who moved towards danger in order to protect the public.
Research shows that asylum seekers are five times more likely to experience mental health problems than the rest of the population. I feel that the Home Office’s use of hotels and temporary accommodation is making those problems much worse. Will the Minister commit to an urgent funding package of mental health support for asylum seekers in Glasgow and further afield to ensure that they can recover from this traumatic incident? Does he recognise that they should be treated with dignity and respect?
Chris Philp
of course I agree that everybody should be treated with dignity and respect, including asylum seekers. On the health support package, I said earlier that it is provided by the local NHS and, in this case, also by Glasgow City Council and I know that it is doing its job effectively.
Harriett Baldwin (West Worcestershire) (Con)
I associate myself with your kind works of support for everyone affected by this incident, Mr Speaker. I want to ask specifically about the number of asylum seekers in supported accommodation who are from Sudan. Will the Minister convey to his colleagues in Government the welcome for the announced pledge to support the Government of Sudan in their transition to democracy, which came through last week?
Chris Philp
I know that my hon. Friend has done a great deal of work in this area. The best way to make sure that people are safe and secure is to ensure that the situation in their home countries is stable and safe—that there are democratic Governments and the economies prosper. That is ultimately the way to make sure that people are safe and secure, and this Government are committed to doing that.
Dame Diana Johnson (Kingston upon Hull North) (Lab) [V]
Hull is a city of sanctuary. For a number of years, I have convened a roundtable of voluntary and statutory agencies to look at issues around asylum and refugees in the city, including, before covid-19, the use of hotels. One of the issues raised about housing asylum seekers in hotels with no financial support is that if they need an aspirin or a plaster, they end up going to A&E at the local hospital because they do not have the money to buy these everyday essentials. Surely that cannot be right and it is not in the interests of anybody to have those asylum seekers in our A&Es. Will the Minister look into this?
Chris Philp
Hotel accommodation is obviously not the preferred way to accommodate asylum seekers. I am speaking from memory, but I think that, prior to coronavirus, fewer than 1,000 people were accommodated in hotels, so less than 2% of the total. As I said, we are looking to unwind the hotel accommodation as quickly as logistics allow. In relation to the provision of basic things like plasters, there are typically welfare officers on hand in these hotels. I will investigate whether they have those sort of supplies available, because the hon. Lady is certainly right that those things should be available in the hotels.
Mr Speaker
In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am now suspending the House for three minutes.
Counter-Terrorism and Sentencing Bill (First sitting)
Chris Philp ExcerptsThursday 25th June 2020
(4 years, 5 months ago)
Public Bill CommitteesRead Full debate Counter-Terrorism and Sentencing Bill 2019-21 View all Counter-Terrorism and Sentencing Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 25 June 2020 - (25 Jun 2020)
The Chair
Before we begin, I have a couple of housekeeping points to make. Please make sure that electronic devices are on silent. I am afraid that tea and coffee are not allowed; water is, along as it has not been near a tea bag or any coffee granules. Social distancing must be observed. Our Hansard reporters would be grateful if Members could email any electronic copies of their speaking notes to hansardnotes@parliament.uk. Please do remove jackets at any point under my chairmanship as we proceed through the Bill.
We will first consider the programme motion on the amendment paper. We will then consider a motion to allow us to deliberate in private briefly, before moving to the oral evidence session. I hope we can get through these first bits without too much debate. I call the Minister to move the programme motion that was agreed by the Programming Sub-Committee yesterday.
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
I beg to move, Day Time Witness Thursday 25 June Until no later than 12.30 pm Jonathan Hall QC, Independent Reviewer of Terrorism Legislation Thursday 25 June Until no later than 13.00 pm The National Police Chiefs’ Council Thursday 25 June Until no later than 14.30 pm Prison Reform Trust Thursday 25 June Until no later than 15.00 pm The Northern Ireland Human Rights Commission Thursday 25 June Until no later than 15.30 pm Law Society of Scotland Thursday 25 June Until no later than 16.00 pm Professor Donald Grubin, Newcastle University Tuesday 30 June Until no later than 9.55 am The Professional Trades Union for Prison, Correctional and Secure Psychiatric Workers Tuesday 30 June Until no later than 10.25 am The Tony Blair Institute for Global Change Tuesday 30 June Until no later than 10.55 am Professor Andrew Silke, Cranfield University
That—
(1) the Committee shall (in addition to its first meeting at 11.30 am on Thursday 25 June) meet;
(a) at 2.00 pm on Thursday 25 June;
(b) at 9.25 am and 2.00 pm on Tuesday 30 June;
(c) at 11.30 am and 2.00 pm on Thursday 2 July;
(d) at 9.25 am and 2.00 pm on Tuesday 7 July;
(e) at 11.30 am and 2.00 pm on Thursday 9 July;
(2) the Committee shall hear oral evidence in accordance with the following table:
TABLE
(3) proceedings on consideration of the Bill in Committee shall be taken in the following order: Clause 1; Schedule 1; Clause 2; Schedule 2; Clause 3; Schedule 3; Clauses 4 to 6; Schedule 4; Clauses 7 to 19; Schedule 5; Clauses 20 and 21; Schedule 6; Clauses 22 and 23; Schedule 7; Clauses 24 and 25; Schedule 8; Clauses 26 and 27; Schedule 9; Clause 28; Schedule 10; Clauses 29 to 36; Schedule 11; Clauses 37 to 45; Schedule 12; Clauses 46 to 48; Schedule 13; Clauses 49 to 53; new Clauses; new Schedules; remaining proceedings on the Bill;
(4) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 5.00 pm on Tuesday 14 July.
It is a pleasure to serve under your chairmanship, Mr Robertson. I have one point of clarification to make. Yesterday, in the Programming Sub-Committee, we discussed whether we should invite the Prison Officers Association or the Prison Governors Association. On further investigation, it transpires that the Professional Trades Union for Prison, Correctional and Secure Psychiatric Workers is in fact the Prison Officers Association—that is its full name. We will therefore see the Prison Officers Association on Tuesday at 9.25 am. We had contacted the Prison Governors Association, but I am told that, rather surprisingly, it did not reply. That should satisfy the request that the shadow Minister made yesterday.
Question put and agreed to.
Resolved,
That, at this and any subsequent meeting at which oral evidence is to be heard, the Committee shall sit in private until the witnesses are admitted.—(Chris Philp.)
Resolved,
That, subject to the discretion of the Chair, any written evidence received by the Committee shall be reported to the House for publication.—(Chris Philp.)
The Chair
Copies of written evidence that the Committee receives will be made available in the Committee Room.
Chris Philp
Q
I am sure we have all read the notes that you very helpfully prepared on this legislation and published on your website at the end of May and the beginning of June. I have them in front of me and have read them with great interest. To start, I want to ask about TPIMs—terrorism prevention and investigation measures—which were the subject of some debate on Second Reading. I want first to ask about the current circumstances in which a TPIM expires and has to be reapplied for from scratch without it being possible to use the previous evidence from two or more years before. Do you think there are circumstances in which public safety may still demand a TPIM beyond the two-year period? Are these proposals a better way of handling it than the current method?
Jonathan Hall: The answer is yes, there are be circumstances in which someone ought to be subject to controls for longer than two years. Yes, there will be circumstances in which it will be appropriate to rely on terrorism-related activity that predates the imposition of the first TPIM. I understand the business case, if you like, for allowing an extension beyond the two-year period. However, the reason I question in the first instance whether it is justified is that it is none the less possible, as the law currently stands, to extend beyond two years. There are two current examples—I will not go into the details—of where a second and fresh TPIM has been imposed.
The practical consequence of the current regime is that some will come off controls, and if they have literally lain doggo and have done nothing for that two-year period, the police and MI5 will have to start assembling a new case, assuming that the person re-engages with terrorism-related activity. There could be a gap period during which that terrorism-related activity is going on, during which the case is being built when they are re-imposed.
If TPIMs were currently imposed against attack planners, I would have fewer observations to make about the ability to extend further. However, in practice, as I said in my note, having spoken to officials, TPIMs are really currently used against radicalisers. It is certainly the case that public safety is not helped by radicalisation activities, but as things currently stand, people subject to TPIMs are not the attack planners, who, if they are free from restrictions, might go and do something very violent. More likely, they will re-engage in radicalising activities. As shown by the fact that two new TPIMs have been imposed, it is currently possible to manage that risk.
I understand the business case, more than I do for the lowering of the standard of proof, which we can come to separately. At the moment, I do not understand why it is needed as TPIMs are currently used.
Chris Philp
Q
Jonathan Hall: Yes, I have worked it out. In one case it was a gap of a year, and in the second it was a gap of 16 months.
Chris Philp
Q
Jonathan Hall: What I would say is that the risk was managed, as the law currently stands. There was a gap, but in fact, it is not as if something very bad happened from those sources in that period, as far as I can work out, having read the materials that I have read.
Chris Philp
Q
Jonathan Hall: Yes.
Chris Philp
Q
Jonathan Hall: The latter. I am quite satisfied that the Government are doing that.
Chris Philp
Q
Jonathan Hall: You asked me about the current TPIMs. I cannot speak for all the uses of control orders and TPIMs that have happened before my period. There is a risk that mistakes can be made about assessing intelligence. I have reason to believe that. My concern is that you are opening up a greater margin of error if the standard of proof is lowered. It is a fairness issue based on the authorities having all the cards.
The point that you make, which is that the authorities can be generally trusted to make TPIMs against the right people, to my mind rather demonstrates that a change is unnecessary. The authorities have been able to impose TPIMs, as far as I can see, where they have wanted to. I am not aware of cases where the authorities would like to have imposed a TPIM if the standard of proof had been lower—where they could say, “We think this person’s a terrorist, but they may not be and we’d like to impose a TPIM, but we can’t, because we cannot show on the balance of probabilities.” I am not aware of that sort of case. So I agree that the authorities can be trusted and, at the moment, I think things are working okay.
The regime of control orders and TPIMs has fluctuated over the years since it was introduced. It has been subject to a lot of scrutiny and consideration by my predecessors and by the courts. It has landed in a reasonably good place. The danger about changing unnecessarily is that, maybe not now, but in a few years’ time, you might provoke an overreaction.
I will give an example of that. When the control order regime came in, it was seen as a bit illiberal and that led to the removal of the power to relocate individuals when the TPIM regime was introduced. Eventually, my predecessor David Anderson, the Government and Parliament agreed that it was necessary to bring back that power of relocation. So if you like, there was a period when the public were less safe because the ability to relocate had been removed, and the reason why that ability to relocate had been removed is that it was the reaction to what had been seen as a slightly illiberal measure. If it is right that the current standard of proof is usable and fair, and I think it is, in a word, if it ain’t broke, why fix it?
Chris Philp
Q
Jonathan Hall: Yes, but of course if the standard of proof is lowered, the extent of judicial protection is lowered, because the judge will not be asking him or herself, “Was the Secretary of State right to be satisfied on the balance of probability that this person is a terrorist?” The judge would have to say, “Well, in theory, they may not be a terrorist, but the Home Secretary’s view that they may be a terrorist is reasonable,” so you would remove the judicial protection.
Chris Philp
Q
Jonathan Hall: I am not aware of any misuse, but I am aware of circumstances in which the intelligence was misunderstood.
Chris Philp
Q
On Second Reading, my right hon. Friend the Member for New Forest East (Dr Lewis) raised the question of someone who had been a member of Daesh returning from Syria. Of course, if somebody has been circulating in Syria, it is very hard to establish their activities on the balance of probabilities. It is hard to get witness testimony and there will be no intelligence surveillance, but the fact remains that they have been to Syria and done whatever they have done over there. In those circumstances, is it conceivable that, when British citizens who are members of Daesh return from somewhere like Syria, the lower burden of proof might be helpful, or in fact necessary?
Jonathan Hall: I have thought a little about this. It is certainly the case that evidential coverage of what goes on in Daesh-controlled areas will be limited, which is why prosecution is particularly difficult. Intelligence coverage might be more, but it might be patchy. I think that if someone has been in Syria for a long time, it is a pretty obvious inference that they have been up to no good, so I do not think that you would need the lower standard of proof. You would not say, “I reasonably suspect that because you spent five years in Syria, you were engaged in terrorism-related activity.” My own view is that a judge would say, “On the balance of probabilities, you were engaged in terrorism-related activity.” Of course, there will always be some coverage. I do not think that what you said is right, although I see where you are coming from.
Chris Philp
Q
Jonathan Hall: Yes, but I think that, with respect, what you are missing out is the big factual matter, which would be undisputed, that they were in Syria. The Secretary of State’s starting point would be, “Here is a matter of fact, undisputed, that somebody spent all those years in Syria.” I think that that would provide a fairly good jumping-off point for an inference that they were engaged in terrorism-related activity.
Chris Philp
Q
Jonathan Hall: I think that judges, when they come to consider these matters, are prepared to draw robust inferences. They are not fools. No doubt the Secretary of State would also not be fooled by someone who simply claimed that they were there for humanitarian reasons.
Chris Philp
Q
Jonathan Hall: The difficulty with terrorism risk is that it is quite difficult to measure. You have actuarial tools to look at whether people who have committed burglary will reoffend, and they are reasonably robust. You do not have those sorts of tools for terrorism. As I probably said in my notes, some of the factors that you normally associate with reoffending—for example, not having a stable family background—do not tend to work so well with terrorism offenders. You find terrorism offenders who come from a stable background and have a job, so it is inherently difficult to identify the probability that someone will reoffend.
The approach that I took when I did my MAPPA review was that the more information, the better. I agree that the probation service, the police and MI5 will be carrying out assessments, but you lose the confrontation that takes place at a Parole Board hearing. As you have probably done, I have attended such a hearing, where there is an opportunity for the chairman to speak to the offender in quite a formal setting. It brings something different to the table, which you would obviously lose. You would definitely have covert intelligence sources, and you would have overt management in the sense of the police being able to speak to the offender, but you would lose the opportunity for a confrontation before they have been released. You are losing something—that is probably how I would put it.
Chris Philp
Q
Jonathan Hall: The Parole Board has two choices: it could release early, but it could, and often will, decide not to release early and say, “Actually, you’re far too dangerous.” That additional source of information about their risk will then be very useful to the security services when they are eventually released.
The Chair
We will now hear from the National Police Chiefs’ Council. Should hon. Members wish to ask a question, it would be helpful if they could catch my eye early in the proceedings, so that I can try to restrict Front Benchers as necessary.
Thank you very much for joining us, Mr Jacques. Could you please briefly introduce yourself and your organisation?
Tim Jacques: I am Tim Jacques. I am an assistant chief constable and I work with counter-terrorism policing here in the UK. I am the deputy senior national co-ordinator.
Chris Philp
Q
Tim Jacques: It will make our job easier, and yes, I believe it will make the public safer.
Chris Philp
Q
Tim Jacques: That is a very long question. On the first point, policing itself is not the applicant for TPIMs; the Security Service is. Am I able to share its view in this forum?
Chris Philp
Please do.
Tim Jacques: First—Jonathan touched on this—there have not been occasions thus far when the current burden of proof has prevented the application of a TPIM. In terms of the numbers, there are six now in place in the UK. Neither we nor the Security Service envisage a large increase in those numbers as a result of the provisions in the Bill. The Security Service points to three instances where it thinks this would have utility from an operational perspective. The first is where an individual’s risk profile is rapidly increasing—hypothetically, somebody who we know might be operating online, but our belief is that they are moving towards posing an actual threat on the street with an attack plan in place. If that is very rapid, which it can now be—we have seen instances of that—then being able to use a lower standard of proof is something that MI5 thinks would be of use.
Secondly—Jonathan touched on this too—there is the issue of somebody returning from abroad, who we believe has been involved in terrorist-related activity overseas, and the issues of evidence in that. The Home Secretary can currently impose temporary exclusion orders at the lower standard of proof. If somebody wants to come back and has a right to come back to the UK, they can be imposed on the lower standard of proof. If someone somehow makes it to the UK under the radar or without our knowledge, the higher burden of proof would have to be applied to impose a TPIM. That is the second case that MI5 would point to.
The third issue, which Jonathan also touched on, relates to sensitive material. TPIMs are challengeable and there is an automatic review and so on. The disclosure of sensitive material would potentially compromise sensitive techniques and therefore make our job and that of the Security Service harder, but the lower standard would assist them in their national security role.
Chris Philp
Q
Tim Jacques: That is the view of the security services. We are not the applicant, but that is their clear view.
Chris Philp
Q
Tim Jacques: Because we jointly manage TPIMs once imposed, I can speak on this. Yes, we do see an increase in the threat if that gap occurs, and that gap has occurred, as Jonathan has pointed out previously.
Alex Cunningham
Q
Tim Jacques: I certainly have a view on that. From a policing perspective—I do not think it is any different for our operational partners—there are two trains in place here: one is punishment and incarceration, which was mentioned earlier; and the other is rehabilitation, desistance and disengagement. Ultimately, the best outcome is the latter: we change the individual’s mindset and view of the world, and mitigate the risk that they pose to the public in an enduring manner. Anything that promotes that prevent, disengagement and deradicalization position is to be welcomed.
Both those options are considered with TPIMs, and indeed with most of the work that we undertake. Both protect the public, if successful. We are conscious of that and drive both of them. Counter-terrorism policing operates across all the Ps of the Government’s counter-terrorism strategy, called Contest, and prevent and pursue are included in that.
Counter-Terrorism and Sentencing Bill (Second sitting)
Chris Philp ExcerptsThursday 25th June 2020
(4 years, 5 months ago)
Public Bill CommitteesRead Full debate Counter-Terrorism and Sentencing Bill 2019-21 View all Counter-Terrorism and Sentencing Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 25 June 2020 - (25 Jun 2020)
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
Q
Peter Dawson: Thank you very much for the opportunity to give evidence. The answer, of course, is yes, and I will try to explain why I can say yes with such conviction. Three of my colleagues and a number of close personal friends were present at Fishmongers’ Hall. Had I left my office five minutes earlier that afternoon, I would have been present myself. I have seen the devastation that that crime unleashed on some very close friends, so, absolutely, personal protection is the first priority. Our concern with the Bill, which I am sure we will get the chance to explore, is that aspects of it may not be justified by public protection, and indeed some aspects may undermine it.
Chris Philp
Q
Peter Dawson: It is the only way to be certain for that length of time, but it is not always certain when that length of time comes to an end. This is the dilemma that faces the criminal justice system in every case. Of course, it is brought to the public’s attention by events of this sort, and such events excite particularly strong emotions. Terrorism is a very difficult thing to understand, but a lot of criminal motivations are difficult to understand and to predict, so we have systems that seek to balance the difficulty of that prediction with the rights of the person who has been accused and their right to a future life when they have served their punishment.
The problem with denying all hope of release on a conditional basis by a judgment about whether the person can be released safely or not is that it denies hope and affects the whole of the prison sentence. You will be aware that I spent a good part of my career as a prison governor, and the way in which people can be encouraged and assisted to engage in work that may change their behaviour in the future is if there is something in it for them. The parole process is not just about the judgment at the end of the custodial period; it is about the whole of the sentence from the very first day and doing work that may make a difference and may make the public safer when that person eventually leaves prison. It is a dilemma, but I do not think that the public are best served by saying that we will postpone the moment at which risk arrives without taking the opportunity to reduce that risk. The possibility of parole is essential to the process that reduces risk.
Chris Philp
Q
You mentioned trying to make people safer upon release. What sort of activity is most effective during the prison sentence, whether release comes early or not? What are the most effective interventions that lower risk when they prisoners are released, whenever that release occurs?
Peter Dawson: The most important thing about understanding rehabilitation is that it happens in a community. You must always have one eye on what life is going to be like when that person comes out and what it is about life after release to cause them not to commit crime. That is true for terrorist crimes as well as for all other sorts of crime. There is nothing secret about this: people need somewhere to live, a way to earn their living, and a reason to live in a law-abiding way. Very often, that reason comes from family and from exactly the same things that cause all the rest of us to live the way we do. That means having people who care about you and have an interest in your future, and having a feeling yourself that you have a stake in a future that is law abiding.
You cannot coerce people into rehabilitation. There has been lots of discussion about particular programmes and courses that may assist in that, and across the picture of offending behaviour there are some programmes that have some effect, but we clearly need to be realistic about the impact of those programmes, whether in relation to terrorism or anything else.
First, a successful programme must be built on a research base and a theory of change that makes sense, and that research base is relatively small. Secondly, the programme then has to be delivered according to its manual. The third thing is that the environment in which it is delivered and in which the person lives has to support the aims of the course, and programmes should be audited. That third aspect is really important in this. The aims of the course are to give a person a stake in their society to encourage lawful behaviour, so the authority must be legitimate. The people must go into an environment that treats them fairly and which they feel is fair.
The difficulty with providing no incentive or reward for engagement in that change is that that appears to be unfair. If you add to the difficulties, which are real and difficult for the Prison Service to deal with, a bias against people who have committed offences like this, the danger is that someone can go through a programme and appear to have made progress and then go back into a sentence lasting many years, during which they do not feel treated fairly. None of these programmes cure; some of them have some impact on some people.
The Chair
Order. I have to interrupt there, Mr Dawson, because I am conscious of the time.
The Chair
Order. I am sorry to interrupt you, but we really have to press on at this stage. Minister.
Chris Philp
Q
You will be aware that when Parliament passed the Terrorist Offenders (Restriction of Early Release) Act 2020 in February, Northern Ireland was excluded because we were concerned about issues of retrospection, owing to the differences in sentencing structure in Northern Ireland compared with the rest of the United Kingdom. Having taken very detailed and extensive further legal advice, the Government now take the view that the measures in the TORER Act can safely be applied to Northern Ireland without engaging in issues of retrospectivity, and the Bill seeks to do that. Is that a conclusion with which you concur?
Les Allamby: Clearly, I have not seen your detailed legal advice, so I do not know, and I would have to reflect on whatever legal advice you received; we have not taken legal advice on the issue ourselves.
The one thing I would say is that, as you know, there will need to be a legislative consent motion on a number of the sentencing provisions and, off the top of my head, I suspect that this provision might be one of them. I know from discussions with the relevant Minister in Northern Ireland, who is publicly opposed to terror etc., that there are some very real practical concerns about extending this Act to Northern Ireland and some potentially unintended consequences.
So I think my answer to the question is this: listen very closely to your counterparts in the Department of Justice in Northern Ireland, and to the Justice Minister in Northern Ireland, as to whether this change is advantageous to the circumstances of Northern Ireland. Frankly, I cannot speak for either the Minister or officials, but I would take very careful cognisance of what they have to say to your own civil service colleagues.
Chris Philp
Q
My final question relates to polygraphs. You mentioned the importance of evidence, and later this afternoon we are seeing a professor who is an expert in this area, as far as evidence is concerned. Would you agree that where polygraphs are used just to provide a bit more background information and perhaps prompt further investigation, rather than being used to have a biting and binding consequence, there can be some value in that, as part of a holistic assessment to work out where more work needs to be done? Nobody is suggesting that it would lead to a direct, binding consequence. Does that give you any assurance?
Les Allamby: It gives me, I have to say, a rather limited measure of reassurance. I say that because it seems to me that if that is the case, then frankly that ought to be written into the Bill. It ought to be clear that the outcome of a polygraph test on its own should not have any adverse impact.
If you are going to introduce polygraph tests, you really should pilot them. I will quickly give you an example. It may seem a slightly odd analogy, but I used to sit on the Social Security Advisory Committee, and I remember being told many years ago by the Department for Work and Pensions that it was looking at voice recognition, as a way of starting to tell whether somebody might be telling the truth or not. Great play was made about that approach as a possible way forward in fraud detection, etc. It unravelled as the evidence became clearer that there were significant flaws in using that technology for making assumptions about whether individuals were telling the truth.
I cannot draw any objective scientific comparison between voice recognition and polygraphs, but it is a cautionary tale of rushing into using technology without piloting it and really considering what other safeguards you should have before using it.
Joanna Cherry
Q
Les Allamby: Yes, certainly. One concern is the relative absence of safeguards around extending it beyond two years. I think there ought to be additional judicial safeguards. There ought to be a test, if you are going to extend beyond two years, as to whether there is a compelling basis for doing so.
I have concerns that the loosening of the test from the balance of probabilities to reasonable suspicion. I note that we have slalomed, going back to control orders, as to what the required burden of proof is. I note the issues David Anderson raised. I also noted that the European convention on human rights memorandum issued by the Department suggested that things had changed between 2015 and 2020, but I am unsure whether that change is sufficiently compelling to reduce the test from balance of probabilities to reasonable suspicion.
TPIMs are used in a very small number of cases. They are oppressive. None the less, they are utilised on a sparing basis. But you need additional safeguards, if you will extend them beyond two years. Two years is a significant period of time in someone’s life to restrict their freedom of movement and their liberty, to the extent that TPIMs currently do, bearing in mind some of the additional provisions that will now be contained in TPIMs.
Chris Philp
Q
Les Allamby: I think that is helpful—I would like to see any of those kinds of intentions in the Bill—but I come back to my fundamental point, which is that, as far as I understand it, the polygraph test is still untried in terms of its complete veracity, and we are using technology that has not been piloted in those circumstances. Frankly, if we are going to move to polygraph tests in those circumstances, I would much prefer them to be piloted, so we could then make a genuinely informed decision about their value before we start to take decisions that may have significant consequences.
Conor McGinn
Q
Les Allamby: Conor, I honestly do not know; I have not had discussions with either the PSNI or Garda Síochána on those arrangements. I certainly do not detect from PSNI a great deal of desire to see those kinds of arrangements in place, which I certainly do not think will be enhanced, but I cannot comment meaningfully on that.
One thing that I would say is that the much more significant issue for us in terms of cross-border co-operation—it is outwith your Committee—is reaching effective security and justice arrangements when we leave the European Union at the end of December. Northern Ireland’s land border with another member state creates a full range of issues that I think are slightly different for the rest of the UK. I have not detected in public discourse anything to suggest that, but “I don’t know” is a shorter and more succinct answer.
The Chair
Michael Clancy is the director of law reform at the Law Society of Scotland. Good afternoon, Mr Clancy.
Michael Clancy: Good afternoon, Chair; good afternoon everyone.
Chris Philp
Q
Michael Clancy: Thank you, Mr Philp. To answer about projecting what the effect of legislation will be on protecting the public and making people safer is quite difficult, because for me, as an individual, it would certainly be speculation to say that the Bill would protect people. Legislation has limited effect in terms of it being passed; it really has to be brought into effect and made to work through enforcement for the real impact to be felt. That is part of the issue about whether or not people would be protected by the Bill. It may be some time before we can turn around and do adequate research on the implementation of the measures in order to assume that people have, since its enactment, been better protected than they were before. It is difficult for me to comment on that.
That having been said, I know that sociologists and criminologists have been looking at this kind of things. In one article I picked up latterly, entitled “Does Terrorism Dominate Citizens’ Hearts or Minds? The Relationship between Fear of Terrorism and Trust in Government” by Ramon van der Does. He came to the conclusion that
“Despite its well-known effects on public health, safety, and finances, we still know little about how fear of terrorism can be mitigated.”
That might go some way to edging to an answer to the Minister’s question. Every Bill is good in parts, and has good parts, parts that can be improved by amendment during its passage and parts that, in some instances, should not be legislated at all. So, as you can tell from the Law Society of Scotland’s memorandum on the Bill, we take very much that kind of view.
Chris Philp
Q
Michael Clancy: I certainly agree that, for those who are convicted of serious terrorist offences, keeping them in prison for a longer time means that they are not at liberty to commit other terrorist offences. Whether that actually means that they have no influence on others in the commission of terrorist offences—either those they meet in prison who are on their way towards release, or those with whom they can communicate outside prison while they are serving their sentence—is another matter.
Chris Philp
Q
Michael Clancy: Of course you can ask me, Minister. That is certainly something I will take back and think about, because I was not aware that that evidence had been given this morning. I should say that this is, of course, a civil law provision, not a criminal law provision, in terms of the standard of proof. Of course we have to take into account the views of the counter-terrorism police experts and weigh them very heavily, but it is a different environment, in one sense, from the environment that the police are used to operating in—namely, beyond reasonable doubt. But I take your point and will give that some further thought.
Chris Philp
Q
To give you further reassurance perhaps, the lower burden of proof, reasonable suspicion, is of course not a new burden of proof, because the old control orders, in force from 2005—they were introduced by the then Labour Government—and carrying on until 2012, had the same lower burden of proof, reasonable suspicion. This morning, I asked Jonathan Hall, the independent reviewer, whether he was aware of any problems that occurred during that seven-year period, 2005 to 2012, when that lower burden of proof was in force, and he was unaware of any issues caused by it. Does that give you further reassurance?
Michael Clancy: It does. Of course, set against that is the fact that very few of these orders were in place at that time. I think that, in doing some reading in advance of this session, I saw numbers in the mid-40s—46 orders or something like that. If they are going to be used at that kind of level of exercise, it is clearly going to impact on a smaller group of people. Small does not mean insignificant, in this circumstance, but we will just have to wait and see what the evidence of their use produces.
Chris Philp
Q
I have one final point. You mentioned concerns about renewal. Of course, renewal, under these proposals, would take place annually. And you mentioned a few moments ago judicial oversight as a concern. Of course, the subject of the TPIM can at any time bring a legal challenge against the use of the TPIM if they feel that it has become unfair. Does the availability of that mechanism to bring a challenge give you reassurance that the subject of the TPIM does have recourse to the courts, and can be protected by a judge, if he or she feels that that is necessary?
Michael Clancy: Well, of course, yes, it gives me some reassurance. I am glad to hear you make such a clear statement of the interpretation of the Bill. Certainly, the TPIM is reduced for one year, but it is capable of being made indefinite. If one were to take action—as you have suggested someone who is subject to one of these orders might take action—it might be the case that the judge would only be able to quash the TPIM rather than make any variation. That might be a solution that we would mutually accept, but there may be implications from that I suppose.
Joanna Cherry
Q
Michael Clancy: I have no evidence. As I have said, the important thing would be to see how this change to the legislation works and then, in a shortish period of time—between two to five years—think in terms of having some kind of post-legislative review, which would enable us to see whether this legislation had functioned properly and had met the objectives that the Committee has been discussing this afternoon of making people safer and protecting them. Then we can come to a view as to whether or not that change in the standard of proof was the right one.
The Chair
We now come to our final witness of the day, Professor Donald Grubin of Newcastle University, who has had the benefit of hearing some of the exchanges earlier. Let us begin.
Chris Philp
Q
Professor Grubin: I am a professor of forensic psychiatry, so I am a psychiatrist and not a polygraph examiner. I became interested in polygraph testing about 20 years ago in relation to work with offenders. What I found was that polygraph testing was being used very widely in the United States to monitor offenders. The people using it said, “This is fantastic. If they took it away, I would quit.” They would make comments like that, but the academics felt that there was no evidence for it and a lot of what we are hearing today is that it is not reliable. A lot of those issues were repeated. I became interested in that difference. We began to run some studies here in the UK. Gradually over time, a lot of evidence accumulated to show that it was a very effective means of monitoring and managing offenders in the community.
Chris Philp
Q
Professor Grubin: The first thing to say is that there is a lot of misunderstanding about polygraph testing. We heard a lot of that earlier today, and I get very frustrated, because those same comments get repeated and repeated. There is also a lot of confusion about polygraph testing—what it is, what it does and how it is used.
In essence, all polygraph testing does is provide additional information—information gain—and it does that in two main ways. One is the test outcome, which people often get tied up in—is somebody lying or telling the truth?—but it is also about disclosures. The two are complementary. What every study ever carried out on polygraph testing has found is that when people are having a polygraph, they make disclosures. All the studies we have done here, and indeed the implementation of polygraph testing here with sex offenders, has found the same thing.
There was a comment that this has not been piloted, but we have now run about 5,000 tests in probation, with mandatory tests on sex offenders. We have tested over 2,000 individuals and the police, with voluntary testing, have tested about 1,000 individuals and run about 2,000 tests. We have a lot of information, and again we find that about 60% to 70% of tests result in new information that was not known before and is important to management.
The other aspect, of course, is test outcome. People always want to know how accurate it is, and we know —we have very good estimates. The best study was a comprehensive review carried out by the National Research Council in the United States about 20 years ago, when it was being raised for security vetting in Government agencies. It looked at all the available evidence and found it was between 80% and 90% accurate. That means it gets it wrong about one in five or one in 10 times, but that is a lot better than we can do.
The main question then is: is that accurate enough for the application you want to put it to? What we are talking about is post-release, post-conviction testing as part of monitoring offenders, and in that capacity it is being used alongside a number of other aspects of offender management. You are not relying on the polygraph either to clear someone or to send them back to prison or anything like that; it is not used in that way. It is just additional information that can be added. If you think about different sorts of results that you might get, if somebody, say, passes a polygraph test—I do not like to use the term pass, but I will for simplicity’s sake—and they do not make any disclosures and there are no other concerns about the individual, that provides reassurance that you are not missing anything; it is an agreement with everything else. If, on the other hand, you get some disclosures, that is something that can be investigated further. If somebody fails the polygraph, so they are thought to be lying, and there are already concerns, again, that reinforces that, but if there are not, the polygraph may be wrong—it may be one of the one in five or one in 10 times we have gotten it wrong—but it may also suggest that you need to look at it a bit closer and investigate further.
There were comments before about how if somebody fails a polygraph they are brought back to prison or brought before the courts. That is just not the policy, and we have heard that in the legislation that just does not happen. It is simply a warning sign that you had better take a closer look. Again, we have a lot of evidence from the testing we have done in this country—as I said, over 7,000 tests have been run—to show that that is in fact how things are working.
Can I say one last thing? We often present polygraph testing as if it is something that offenders do not like and is being imposed on them. That is true for some, but others actually find it useful. You have to remember that sometimes you catch people telling the truth, and where you have an individual who is being monitored, because a risk is a great cause of concern and there is a suspicion of them all the time, and they can demonstrate that they are actually not doing anything wrong and their risk is static or decreasing, that is very useful for them. We have anecdotal evidence of offenders saying they found that part of the testing helpful, and they like polygraph tests for that reason—because they can prove that they are following the rules.
Chris Philp
Q
Professor Grubin: It is fair, except that I would say it is more than a prompt and that it actually uncovers information. You have to remember that a lot of this management relies on self-reports, so it is a way of saying, “We’re asking these questions anyway, only now we want you to tell the truth and we have a way of trying to determine whether you are telling the truth.” The other aspect, of course, which is often overlooked is its deterrence effect. If you know you are going to have a polygraph test, you are going to pay a lot closer attention to your activities, your actions and your behaviour. Again, we have a lot of anecdotal evidence—it is very difficult to prove—that people do modify their behaviour, because they know they are going to have a polygraph test.
Chris Philp
Q
Professor Grubin: There are a couple of aspects to the answer to that. First, there is no reason to think it would not work similarly with terrorist offenders. They are people and they respond to polygraph testing like anybody else. It is used with terrorist offenders in other countries, but the problem is that that sort of work is not published. My understanding of it is anecdotal and what people have told me. They certainly find that its use is successful, and they get the same types of response that you would expect from the sex offender work. There is no real difference there. But none of that is published, so it is anecdotal.
One other thing to say from the sex offender work is that we looked at whether, after polygraph tests, there was an increase in actions taken by the probation officers managing those people. You get an increase by a factor of 10, sometimes higher, in actions taken. That does not necessarily mean recall to prison or charging with a new offence, but actions that mean you have an opportunity to reduce risk, which is really what you are looking for here. With any sort of offence where you have time to intervene, polygraph testing provides a good means to get that information to allow you to intervene and reduce risk.
Chris Philp
Q
Professor Grubin: I will give you a couple of examples of that, but the first thing to say is that we do not know why it happens. There are various psychological attempts to explain it, but I know that I have been polygraph tested as part of our training and it was all I could do not to confess to the crime that I was meant to have committed. There is a real urge to disclose that I do not really understand, but there are various theories that I am happy to discuss later on.
To give you a couple of examples off the top of my head, one interesting case was a sex offender who was released from prison. Everything was thought to be going well with him. He disclosed that he had a new girlfriend, which was not known to the offender manager. That seems pretty mundane, but when they found this girlfriend it turned out that she was a single mother, that she was a vulnerable woman, and that this man was visiting her and helping her to paint her sitting room. He would do that in his underwear because he did not want to get his clothes painted. Her daughter was present at that time. A lot of that mirrored the way he had offended before, so that one disclosure about having a new girlfriend led to that man being recalled to prison —not based directly on the disclosure, but only indirectly, once the girlfriend was found and interviewed.
Chris Philp
Q
Professor Grubin: I am not sure just what you would mean. I can tell you, because I checked these figures before I came, that in the probation testing about 65% of tests resulted in new disclosures in the pre-test. That is information that was important to management but was not known. That might be small bits of information or it might be big bits. After someone fails a test, they are asked to explain why that might be, and about 60% of those tests result in further disclosures to try to explain that. What I cannot say is how many of those were in tests where there were no pre-test disclosures, so it is likely that about two thirds or 70% of tests result in new information.
Chris Philp
Wow. Thank you.
Professor Grubin: That does not count something that I think is important but that is always overlooked: the truthful tests with no disclosures that provide reassurance, because decisions can be made on that. In the police world, they do voluntary testing of sex offenders on the register. Someone who is on the register for 15 years and wants to come off it may have been visited once a year for the past five years; there may be no intelligence on him, and an inspector is expected to sign off this person based on that information. If he passes a polygraph test and nothing of concern comes up, that gives them reassurance. Often, though, in those cases we find that bits of information do come up that they should have been aware of, and then they can move forward.
The Chair
Order. I am going to have to stop you there because we have run out of time. Thank you very much indeed for your evidence, Professor Grubin.
Ordered, That further consideration be now adjourned. —(Tom Pursglove).
Covid-19: Asylum Seeker Services in Glasgow
Chris Philp Excerpts(4 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
I congratulate the hon. Member for Glasgow South West (Chris Stephens) on securing this evening’s Adjournment debate. Let me start by putting on record my agreement with the remarks he made at the very beginning of his speech in relation to the disturbances and the violence—the counter-demonstrations—in the city of Glasgow. Violent protest of any kind is abhorrent. People have the right to peaceful protest, and I join him—and, I am sure, everybody in the House—in condemning the acts of violence to which he referred.
Let me start by laying out the United Kingdom’s generosity in welcoming people who are granted asylum and, indeed, people who claim asylum. Last year, the calendar year 2019, there were about 35,000 claims of asylum, which was one of the highest figures in Europe—not the highest, but one of the highest—and last year we granted about 20,000 asylum grants and other forms of protection, so more than half those claims were granted. At the same time, we welcomed 3,000 unaccompanied asylum-seeking children—the highest number of any country in Europe. I am sure that the hon. Gentleman is aware, although he did not mention it in his speech, that just last week or the week before, we announced a significant funding increase to local authorities to support looking after unaccompanied asylum-seeking children. We increased the support by £17 million from about £218 million to £235 million a year. At the same time, we increased the care leaver grant for those people who were UASC but are now part of the post-UASC care leaver cohort, to £240 per care leaver per week, which was an increase of between 20% and 60%, depending on which local authority we are talking about.
Of course, at the same time as we offer that support to asylum seekers, we have the largest—or certainly the second largest—overseas aid budget in Europe. We are the only G7 economy to spend 0.7% of gross national income on overseas aid, around £13 billion or £14 billion per year. We are doing a great deal to help people not just to come to the UK, but who are at risk overseas.
David Linden
I withdraw the word “crap”, but the Minister is talking absolute nonsense. He talks about how welcoming the UK is. They are the same UK Government that had “Go Home” vans going round communities, and the hostile environment. I suggest that he cuts the talk about DFID, which has been abolished this week, and focuses on the point made by my hon. Friend the Member for Glasgow South West (Chris Stephens).
Chris Philp
I will certainly come on to that point, but no amount of huffing and puffing can disguise the fact that we are the only G7 country meeting the 0.7% of GNI commitment. No huffing and puffing will disguise the fact that we gave 20,000 grants of asylum and protection last year.
Chris Philp
The hon. Gentleman can shake his head all he likes, but those are the facts. They are facts that evidence the compassion with which the United Kingdom deals with those very vulnerable people. He can shake his head, and he can fold his arms, but those are the facts.
Let me come on to some of the questions that have been raised. The hon. Member for Glasgow South West spoke at some length about the asylum support rate, but he did not talk about everything that is provided in addition to the cash sum of money, which was increased by 5%, well above the rate of inflation. The cohort concerned get free accommodation. All utility bills are paid for, council tax is paid for, free health care is provided under the NHS, and any children get free education. The method for calculating the cash support rate was tested in court some years ago and found to be lawful. The amount of money is essentially calculated by a formula which has been endorsed by the Court of Appeal. When Members talk about asylum support, I urge them to keep in mind all those other things—the free accommodation, the utility bills being paid, the council tax being paid, NHS healthcare and free education.
The covid situation that the country has been facing is thankfully now easing, but it has of course been a very serious public health crisis. We took the decision on 27 March to suspend the policy of the cessation of support. That is where an asylum seeker’s claim is decided, either positively or negatively, and we ask them to—with notice, of course—leave the supported accommodation estate. Clearly, if they have had a positive decision, they are entitled to find work or to universal credit. If they have a housing problem, obviously they are entitled to all the support that any of our constituents would be entitled to in the ordinary course of events. Clearly, they cannot continue to be supported in asylum accommodation indefinitely as they are essentially members of society like the rest of us who live their lives, just like all of us and our constituents do.
In the event they get a negative decision, the expectation is that they return—
Stuart C. McDonald
That was a very welcome decision, and I think it was based on advice from Public Health England. Can the Minister say categorically that Public Health England has been consulted on the decision to go back to cessation of support and evictions, and will he publish that advice as well as the earlier advice?
Chris Philp
I was just about to come to that point. When the decision was taken on 27 March to suspend the cessation of support policy—I am grateful that Opposition Members welcomed that move—it was announced as being effective until the end of June. To be clear, no eviction notices have been issued. We are going through the process of thinking carefully about how we transition back to a more normal state of affairs as the coronavirus epidemic abates, and we are doing that in a thoughtful and considered way. We are thinking carefully about all the angles, and we will talk to the relevant authorities, including local government, and take public health advice seriously. This matter is being considered and thought about carefully, and we will proceed in a careful way that gives proper attention to the various considerations. As I hope Members will have seen from our decision, we are determined to be responsible and careful in the way we handle this issue, and I believe our conduct has reflected that.
Let me say a word about the implications of our decision. Although we suspended the cessation policy, we still have intake because people are still claiming asylum. Either they present as cases under section 4 of the Immigration and Asylum Act 1999, or they make fresh claims for asylum. Those claims are not at the level they were before coronavirus, but the level is still quite high. The number of people who are being accommodated in asylum support is going up a lot. Indeed, in the past 10 weeks, it has risen by about 4,000—a significant number. We are working night and day to find accommodation for those extra 4,000 people, and the numbers are going up on a weekly basis. Members will understand that trying to find extra emergency accommodation is difficult, particularly in the middle of a pandemic, but we have done it. We have risen to the challenge, and I thank local authorities, and Home Office officials, for their tremendous work in finding those 4,000 extra places at short notice and in difficult circumstances.
Some questions were asked specifically about the city of Glasgow, which is well represented in the Chamber this evening. As the hon. Member for Glasgow South West said, a decision was taken in late March in relation to 321—he said 300—people who were in temporary serviced apartments. For a variety of reasons, it was decided that those apartments were not appropriate in the context of the coronavirus epidemic—they were not safe to stay in, and as a consequence, people were moved into hotel accommodation. Let me be clear that that is a temporary measure and is categorically not permanent. As soon as circumstances allow, if those people are still receiving asylum support, they will be returned to the sort of accommodation they were in previously.
The hon. Gentleman mentioned cash savings. Over the past 10 weeks, the additional cost of accommodating those extra 4,000 people has run into tens of millions of pounds, and possibly more than that. I assure him that no cost saving is being made anywhere in that part of the Home Office budget. The hotels provide three meals a day that meet dietary requirements. In terms of cultural sensitivity, Korans and prayer mats are provided, and during Ramadan, late evening and early morning food is provided for those who observe it.
The hon. Gentleman mentioned connectivity. Each room has a TV and, critically, wi-fi, and 24-hour reception staff are available, as are translation services and staggered meal times to cater for social distancing. There is full access to the building for cleaning and repairs. Laundry facilities are available on site; there is space for NHS staff and medical consultation, and full provision of things such as towels, soaps, sanitiser, bed linen, toiletries, and feminine hygiene products—all those things are provided. If any areas require further attention, the hon. Gentleman is welcome to write to me and I will happily address those matters.
Chris Philp
I have only a minute left, but I will take a quick intervention from the hon. Gentleman who secured the debate.
Chris Stephens
Will the Minister commit to meet Glasgow MPs, because there are major discrepancies between what he is saying, and what we are being told? I would be obliged if he would meet us.
Chris Philp
Of course—I would be happy to meet the hon. Gentleman and his colleagues to discuss any specific concerns. It would be helpful if he could write to me in advance to lay those concerns out in writing, so that I can come with answers, rather than reply off the cuff. If he writes to me first, I would be happy subsequently to meet him and go through his specific concerns.
This country takes its responsibilities very seriously. As I said, we granted 20,000 asylum and protection orders last year, and we have one of the biggest overseas aid budgets in the world. We can be proud of our record, and I am happy to stand here and defend it this evening.
Question put and agreed to.
Damages
Chris Philp Excerpts(4 years, 5 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
I beg to move,
That the draft Fatal Accidents Act 1976 (Remedial) Order 2020, which was laid before this House on 12 February, be approved.
This draft order seeks to rectify an incompatibility with the European convention on human rights identified by the Court of Appeal in the 2017 case of Smith v. Lancashire Teaching Hospitals. It relates to limits on the categories of person eligible to receive an award of bereavement damages under section 1A of the Fatal Accidents Act 1976, as amended in 1982, which excludes a person who has cohabited with the deceased person. The draft order was laid in Parliament on 12 February 2020 and the terms of the Human Rights Act 1998 specify that remedial orders require the order to be strictly focused on rectifying the incompatibility and not on any wider issues no matter how much merit those wider issues may have.
Jim Shannon (Strangford) (DUP)
Some of my constituents have contacted me in relation to this matter, so may I just ask the Minister to confirm that the remedial Act and the SI will protect those co-habiting families who see themselves excluded from insurance pay-outs because they had not taken the legal steps to marry, yet, for all intents and purposes, they are life partners and clearly deserve this recognition?
Chris Philp
The hon. Gentleman is absolutely right in his assessment. The order will make sure that people who are cohabiting enjoy the same rights to the payments as people who are married or in civil partnerships provided that that cohabitation has continued for a period of two years or more.
The level of bereavement damages is set by the Lord Chancellor and is currently £15,120, having recently been increased in line with inflation. It is worth saying that those payments are of course not designed to make up for the loss of a loved one—we cannot do that—but they are a token amount payable to that limited category of people. They are also able to claim civil damages in relation to a loss caused by their status as dependants under section 1 of the 1976 Act, but that is a separate matter.
This remedial order, as the hon. Gentleman said, allows people cohabiting for at least two years to enjoy the same eligibility for bereavement damages as those who are in civil partnerships or married, thereby correcting the incompatibility identified by the Court of Appeal. We think it is reasonable to set some kind of test to test the permanence of the cohabitation arrangement, to ensure that there is a reasonable level of commitment, and we think that two years is the right period. A similar two-year qualifying period is already referenced in section 1 of the 1976 Act in relation to dependency damages claimed by cohabitants so, by picking two years, there is a degree of consistency, and it avoids the need for the courts to engage in any rather intrusive and probably distressing inquiries about the nature of the cohabiting relationship.
Occasionally, it may be the case that a cohabiting partner also has a spouse somewhere else, who has not yet been divorced. The question might arise, what happens in those circumstances? Again, with the purpose in mind of making this as simple and straightforward as possible, the order states that if that is the case, the amount of money, the damages, are simply divided equally between the two. We could make a case to say that the court should determine who is the more deserving person, the more deserving recipient but, again, that would be intrusive. For the court to try to unpick those sorts of relationships strikes us as inappropriate, hence the simple proposal that has been made.
In closing, I thank the Joint Committee on Human Rights for its scrutiny of the draft order, and for its confirmation that it corrects the incompatibility identified by the Court of Appeal in the case I referred to earlier. We welcome the Committee’s recommendation. I touched on one or two of the points that it made in its response, but this remedial order made under section 10 of the Human Rights Act 1998 corrects a deficiency, rights a wrong, and I commend it to the House.
Chris Philp
I should have started my remarks earlier by welcoming the hon. Member for Hove (Peter Kyle) to his place on the Front Bench. This is well deserved and long overdue, and I look forward to having many exchanges like this in the months, and I hope, for both of us, years ahead. I welcome his support for this remedial order, and I add my thanks to Jakki Smith for her tenacity and bravery in bringing forward the court case as she did. I am sure that the whole House is grateful to her for the courage that she showed, and I concur with the hon. Gentleman’s remarks a little earlier.
The hon. Gentleman made one or two points on the remedial order, including on the description of cohabiting partners. The language has been kept as it is for reasons of consistency with section 1. We thought it would be potentially confusing and inconsistent if we adopted different definitions in section 1(a) as compared with section 1. There is a more general point that touches on that issue and on others that he raised in his remarks, relating, for example, to the stigmatising language that he mentioned. The remedial orders are strictly designed to remedy the deficiency. We did not want to stray more widely beyond that, but as he said, I am sure that opportunities will arise to debate these important issues about bereavement and loss. Those are topics on which the whole House will often agree. I commend this order to the House.
Question put and agreed to.
Resolved,
That the draft Fatal Accidents Act 1976 (Remedial) Order 2020, which was laid before this House on 12 February, be approved.
Madam Deputy Speaker (Dame Eleanor Laing)
I could suspend the House, but I really do not think it is necessary if Members promise me that they will swiftly exit without stopping near any other Members. Let us proceed.
Senior Courts of England and Wales
Chris Philp Excerpts(4 years, 5 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
I beg to move,
That the draft Court of Appeal (Recording and Broadcasting) (Amendment) Order 2020, which was laid before this House on 12 March, be approved.
The statutory instrument before the House today is intended to enable the inclusion of family proceedings within a pilot project testing the live-streaming of Court of Appeal hearings. The order advances the shared commitment between the Government and the judiciary to increase public engagement and understanding of the court system.
Currently, the recording and broadcasting of court proceedings in England and Wales is prohibited by section 41 of the Criminal Justice Act 1925 and section 9 of the Contempt of Court Act 1981. By virtue of section 23 of the Crime and Courts Act 2013, the Lord Chancellor, with the agreement of the Lord Chief Justice, can make an order in some circumstances lifting the prohibition. That was done in 2013 to allow the recording and broadcasting of proceedings in the civil and criminal divisions of the Court of Appeal. However, that was not extended to the family division. The order before the House today lifts the prohibition on broadcasting and recording hearings in the Court of Appeal in relation to family cases for the first time, thereby furthering our objective of opening up the visibility of justice.
Let me make it clear that whether or not a particular case is actually broadcast will remain a matter for the judge overseeing and hearing the case, so judicial discretion will apply. The confidentiality and anonymity of the parties will be maintained, so the names of any children or the names of parties to a divorce hearing will not be disclosed. Only the judges and the advocates will be broadcast. If by any chance there were a litigant in person, for example, or sensitive witness testimony, we would expect the judge not to allow that to be broadcast, although in the Court of Appeal it is very rare for any witnesses to appear; the arguments tend to be on points of law. So let me reassure the House that the confidentiality of the parties will be fully maintained.
I should add that this order makes no further change to any family proceedings and the confidentiality applying to those; it is simply about broadcasting. I notice the hon. Member for Strangford (Jim Shannon) is present, and I should add that this applies only to England and Wales; it does not apply to Scotland or Northern Ireland.
The order is a small but welcome step in the direction of further opening up our justice system and I commend it to the House.
Chris Philp
I thank the Opposition Front-Bench spokesman for the constructive and thoughtful approach he has been taking this week, and I look forward to that continuing for many months and years to come. I shall briefly answer his principal questions. On the matter of digital access to courts more generally, I completely concur with everything he said. We are absolutely committed to expanding and extending digital access. In particular, the roll-out of the cloud video platform, which is happening as we speak and due to be completed in the Crown courts and magistrates courts by the end of this month, is a critical part of that. I am glad that we can work together in pushing that programme even further.
Jim Shannon (Strangford) (DUP)
I am really keen to see the system that is coming in for England and Wales being used in Northern Ireland when the opportunity arises. Is it possible that discussions could take place with the police and justice authorities and through the Northern Ireland Assembly to ensure that this pilot scheme could also be done in Northern Ireland?
Chris Philp
I thank the hon. Member for his intervention. Those matters are in the hands of the Northern Ireland Assembly and Executive, but I would certainly be happy to pass on to the Northern Ireland Justice Minister the lessons that we are learning from the jurisdiction in England and Wales, and I would of course encourage them to follow the same path that we are treading if they wished to do so.
On the question of safeguards, the key safeguard in all this is the control that the judge exercises in how a case is conducted. It is still a matter for judicial discretion whether any individual case can be streamed and broadcast. As I said in my opening remarks, we would expect judges not to livestream cases where a litigant in person was present or if there was witness testimony where the identity of the witness might be a matter of sensitivity. We are, as we often do, entrusting to the judge the sensible and safe management of any individual case. With that, I commend this order to the House.
Question put and agreed to.
Madam Deputy Speaker (Dame Eleanor Laing)
Order. I consider that there is no need to suspend the House on this occasion, as I observe that everyone who is intending to leave has now left, and everyone who is intending to be present is now present. So we will proceed immediately to motion No. 3 on Exiting the European Union (Civil Aviation).