Terrorist Attacks (Paris)

Khalid Mahmood Excerpts

Wednesday 14th January 2015 Commons Chamber

[Mrs May]

I share my hon. Friend’s concern to ensure that we deal with extremism in all its forms and wherever it appears, and we are mindful of the issue that he raises. Of course, the Government will in due course publish a new extremism strategy, which will go beyond the counter-terrorism strategy that we have already published.

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

The acts in Paris were carried out by terrorists, not in my name or that of the religion that I follow. I want to put the record straight on that. These people are totally and unreservedly condemned for the attacks.

After the Joint Committee on the draft Data Communications Bill objected to the original Bill, the Home Secretary said that she would make proposals. What are they, where are they, and when will we see them?

[Mrs May]

I commend the hon. Gentleman for his comments. It is important that someone such as him stands up in this Chamber and gives a clear message about terrorism, and says that none of us supports terrorism and that we condemn it absolutely. At the time we indicated the areas of the Communications Data Bill where we were willing to make changes in response to the views from the Joint Committee—indeed, we said that we were taking on board virtually all the comments made by that Committee.

Counter-Terrorism and Security Bill

Khalid Mahmood Excerpts

Tuesday 9th December 2014 Commons Chamber

[Pete Wishart (Perth and North Perthshire) (SNP)]

These are terrible amendments. They are so sadly and typically new Labour. The control order regime was the centrepiece of what is commonly described as the new Labour anti-civil libertarian state. It had all the usual new Labour features: suspicion, restrictions without trial and sweeping powers for the Secretary of State to make up her mind about convictions. New Labour was always on the wrong side of the crucial balance between making our nation safe through security-related legislation and upholding civil liberties. The control order regime was part of the central agenda that new Labour constructed, which included the suggestion that suspects should be locked up for 90 days without trial, ID cards and national databases. Under new Labour, we became probably the most restrictive, anti-civil libertarian state anywhere in the European Union.

As Members have said, there have been no prosecutions of people on control orders or TPIMs. That suggests that they are either really good or really rubbish. I supported the Conservatives when they moved against control orders. They did the right thing in abolishing control orders. We did not like TPIMs because they had features that were sadly reminiscent of new Labour’s control order regime, but the Conservatives seemed to be rowing back from the anti-civil libertarian state that had been constructed by new Labour and we supported them on that basis.

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

Does the hon. Gentleman have an alternative proposal to put to the Committee?

[Pete Wishart]

The hon. Gentleman hits the nail on the head. These measures are counter-productive in trying to make our country safe. All they do is tip people off that there is a particular issue with an individual. If there is a terrorist community, the first thing that they will take note of is the fact that somebody has been the subject of a TPIM or a control order. It alerts them to the fact that something is going on. I am all for making our country safe, but have there been any prosecutions? No.

The saddest and most bizarre feature of control orders and TPIMs is that they are all about suspicion. There is never enough evidence to test these matters in court, to take them to trial, to have a judge and jury decide whether something is going on. It is all about suspicion. That is the critical feature of TPIMs, as it was of the control order regime. How can anybody try to secure their innocence when they are subject to such measures? They have no opportunity to do so at all. They just have to accept the situation.

Unfortunately, the relocation measures will bring TPIMs right back to where we were with control orders. That was the defining difference between TPIMs and control orders. It is therefore particularly depressing that relocation is a feature of the new TPIM regime in the Bill. I hope that the Minister will resist Labour’s call to extend the powers further by making relocation even more restrictive and having another list of qualifications in the TPIM regime. I know that he will resist that and ensure that Labour, in its new Labour guise, will not have its way.

--- Later in debate ---

[Mr David Hanson (Delyn) (Lab)]

There has been a change on the Opposition Front Bench, while the Minister has had to continue, but I assure him that he will have our support on this group.

There is a substantial and severe threat of terrorist attack in the United Kingdom and the Opposition support the broad thrust of these measures. The Minister did not explicitly say it, but the explanatory notes indicate that about 500 individuals have travelled to Syria and Iraq because of their wish to join terrorist organisations, in particular ISIL. The measures are designed to enhance legislation—section 124 of the Nationality, Immigration and Asylum Act 2002, put in place by the previous Labour Government, and the Nationality, Immigration and Asylum Act 2002 (Authority to Carry) Regulations 2012—in response to the changed circumstances. We support the broad thrust of the measures.

I have a few questions for the Minister and I hope he will reflect on them. They relate mostly to consultation, cost and scope. The Minister said that clauses 18 and 19 form the main provisions for the changes to authority-to-carry schemes, and that clause 20 and schedule 2 amend the law on the provision of information from carriers to the Secretary of State. The explanatory notes state that the Minister has undertaken a consultation, but I think he will recognise that the consultation was swift, if I may say so, and relatively short. I would welcome information on who responded to the consultation and what the responses were. If he does not have that information today, perhaps he could write to me.

I raise those issues because the Government’s impact assessment makes it clear that the measures, although welcome, relate to border security and will cost UK-registered businesses about £2.1 million net cost a year, with start-up costs approaching £10 million, at £9.7 million. The Minister has information relating to 11 scheduled registered carriers, but he will know that 144 carriers were not included in the assessment. Many carriers do not currently have the systems, which are referred to in previous legislation, in place. Scheduled carriers may be required to install interactive systems that would mean no-fly alerts and passenger screening requirements provided directly into carriers’ systems. The impact assessment makes it clear that while there are 11 registered carriers, of which only one already uses the system the Government want, there are 144 carriers operating scheduled flights into and out of the UK that are not UK-registered, of which only 11 use the system the Government want to introduce. I would welcome some clarity from the Minister not just as to the discussions he has had with the registered carriers, but on what assessment he has made of the wider costs for those carriers that are not registered. For a non-interactive carrier, the estimated cost of implementing an interactive system is £975,000, with annual maintenance costs of £125,000. That means that there could be costs of around £139 million to non-UK carriers who do not have those systems in place.

The impact assessment says:

“The consultation to gather relevant data was brief. Whilst data was provided by a sample of UK carriers we cannot be sure they are fully representative. In addition different carriers may face different costs dependent on their size or their existing systems. In the absence of this data we assume that carriers are all affected in the same way.”

That is the Government’s own impact assessment and it is really important that, as part of our consideration this afternoon, we have some indication from the Minister of the consultation responses. He may well already have published these—sometimes things pass one by in opposition—and if so, I would be grateful if he could refer me to where they are. If not, I would be grateful if he published the responses to the consultation.

It is also important—the Minister has touched on this—that the clauses ultimately include rail, maritime and non-scheduled aviation traffic as part of the regime that he is seeking to introduce. But I believe—I would welcome his confirmation—that there has been limited, or dare I say nil, consultation with rail, maritime and other suppliers. The Minister has indicated that there will be affirmative resolutions on these matters, but I would welcome him confirming at what stage he intends to undertake further consultation on costs and implementation with rail and maritime providers.

I have had a helpful brief from the Immigration Law Practitioners Association, which has raised a number of issues, some of which the Minister will be able to answer. But it is important that we are clear that the Minister’s aspiration—one shared by the Labour party—to have exit and entry checks undertaken at the earliest opportunity is separate from the measures in the Bill, particularly given the difficulties we have had with the e-Borders programme recently, the cancellation of e-Borders and the progress that the Government seek on an entry and exit check by April 2015. Helpfully the Minister has today answered a parliamentary question to indicate that that is still the Government’s objective but I just wanted to examine the relationship between the proposals in the clause, which may not be in law until February or March next year, and the wider exit and entry checks the Government are seeking to introduce.

I would particularly welcome the Minister’s confirmation that the measures in the Bill are fully compatible with EU law and with the laws of other states that passengers will travel to and from and with whose laws carriers must comply. It is important that we put in place measures in our own legislation, but I would welcome the Minister’s consideration of the compatibility between them and our obligations to our European colleagues and elsewhere.

The Labour party supports the measures because of the threat and the need to monitor and to take effective action against not just those coming to the UK, but those leaving the UK. The need to ensure that we prevent individuals leaving these shores from undertaking terrorist acts is paramount. The Minister will not find a cigarette paper between us on dealing with that issue, but I hope that he is able to reflect on the points I have made today on three issues: cost, compatibility with other legislation in Europe and beyond, and the key question of implementation, not just in terms of current carriers but in terms of the carriers who are not registered but who do currently travel both to and from the UK.

[Mr Khalid Mahmood]

While endorsing everything my right hon. Friend the Member for Delyn (Mr Hanson) has said and in restating some of the issues around costs and capability, I think it important in considering this part of the Bill not to experience the same things that we have experienced before. I am thinking of Abu Rumaysah who unfortunately made his way across the sea to join ISIS, putting on his Twitter account:

“What a shoddy security system Britain must have to allow me to breeze through Europe to the Islamic State.”

I am sure that we all want this part of the Bill to work to prevent that sort of thing from happening. In doing so, however, we must ensure that we provide proper consultation and enough time to deal with this properly.

There are concerns about how we look at the problem, particularly in respect of what notice carriers have when people can book tickets on their phones, their iPads or any other electronic instrument and can get straight to the port, sometimes by rail and sometimes by air. There are important issues about the speed with which people are able to get to the port after booking at the last minute. How do we move forward and improve that system? Answering that means contending with some very serious issues.

I want to bring to the Minister’s attention some of the reasonable work that has been done on this issue, particularly by Sussex police. The police there have a programme called the “BIG MAC”, but unfortunately this does not mean that the hon. Member for Beckenham (Bob Stewart) is having a late lunch. In fact, it refers to evidence-based risk factors for assessing people when they travel to or exit a port. It is based on “identifying, assessing and referring”, and as my right hon. Friend the shadow Home Secretary said, this entails having sufficient staff and security personnel at the border. She said she was prepared to commit additional staff to deal with this issue, and I would fully endorse that sentiment.

BIG MAC is based first on behaviour, the B. It is assessed during an exam, and looks at the person’s mental health, physical health, reaction when they are stopped, and their beliefs when they are questioned at port. The next aspect is identifying, the I, and meaning and belonging, and the attitudes expressed when the following issues are raised: family, friends, society, cultural change, integration and diversity, dissatisfaction with life, and seeking change, adventure and excitement.

Then there is a section on grievances, the G, which involves injustice, threats and vulnerabilities. This covers the “them and us” thought process; the dehumanising of identity, beliefs, culture, society and religion; people’s place in society, culture and religion; any history of violence, whether victim or offender; and setting events such as past police interventions, bullying, abuse at home, drinks, drugs and so forth. The next part deals with motivations, the M, either personal or externally driven, and covers religious, political, ideological, cultural, single issues or personal issues; financial aspects; and family or friends. It then deals with attitudes, the A, towards criminal offending, harmful means, being dominant, controlling or submissive and susceptible, and activism and participation.

Finally, the C in BIG MAC means capability factors, and these cover knowledge, skills and competencies such as fighting, training, ideologies, occupation-related skills, IT, medical and so on; access to these through equipment, networks, clubs, individuals and IT; criminality and intervention factors, including the use of violence and attitudes towards violent means; and travel history. This BIG MAC process allows security personnel to do their job in accordance with strategies that have been developed. I would be pleased to pass this information to the Minister if he wants to understand how the Sussex police are dealing with the problem.

The particular person associated with the project is Detective Sergeant—perhaps he should be Superintendent —Mike Redmond. He is based at Gatwick and has done a huge amount of work on psychological assessment in relation to these issues. He has put this plan forward, and is working with the port authorities and security personnel to ensure that these sorts of recognition factors are in place so that people can be stopped and dealt with properly and formally. It is very important that we look at these sorts of factors, but that will only happen if we have the processes to do it.

[Bob Stewart]

In the old days, when I was working with the security services in Northern Ireland, it used to be called profiling. Does the hon. Gentleman agree that we are looking at a form of profiling again?

[Mr Mahmood]

The hon. Gentleman is far more informed on these matters than I am, and I certainly would not argue with him about that. This is a similar approach, but it psychologically categorises the processes within that and shows how it can be dealt with. It is easier for the people operating these systems to be able to recognise particular behavioural patterns and to deal with them. This does do what the hon. Gentleman says, therefore, but it is important that this has already been designed and that security personnel are working with it. In order to meet the issues raised in clause 18, it is important that we have such a system in place, but the only way we can do that is by sharing best practice. That has already been done by Sussex police, and I commend that approach to the Minister and hope he takes lessons from the work that has already been done by Detective Sergeant Mike Redmond. We should all acknowledge the great work he has done.

Counter-Terrorism and Security Bill

Khalid Mahmood Excerpts

Tuesday 2nd December 2014 Commons Chamber

[Yvette Cooper]

My right hon. Friend is right that the threat level is the same now as it was when the Home Secretary came into office. There have been ongoing threats to our security and liberty for many years, and it was not increased threat that led either Ibrahim Magag or Mohammed Ahmed Mohamed to abscond when their relocation orders were revoked. It was the lack of a relocation order and the weakening of the counter-terrorism powers.

Counter-terrorism policy is always difficult. There will always be things that Governments find challenging, and there will be times when they get the balance wrong. However, we should look at the evidence together. The Home Secretary and the Government failed to look at the evidence about relocation powers, and they failed to listen to the advice of the security experts. They have had to do so now not because the security threat has changed but because TPIMs simply did not work. It is right that they should be strengthened now and that powers should be restored.

There are two other puzzling things about the Home Secretary’s measures on TPIMs. The first relates to the point that my right hon. Friend the Member for Salford and Eccles made about the 200-mile limit: what is the difference between someone being 205 miles away and someone being 195 miles away? More puzzling is the measure that the Government are introducing to prevent people on a TPIM from having access to a firearm. That seems extremely sensible—we would not want any terror suspect to have access to a firearm—but how could any of them have had such access before? That raises the question whether either the gun licensing regime or the TPIMs regime is considerably weaker than we thought. We hope that some clarity will be provided in Committee on why that measure is needed. We will clearly support it, but it is a puzzle that existing powers are not strong enough to ensure that that sensible restriction is in place.

The next challenge is how to deal with the new and growing problem of British citizens leaving to join the conflict overseas, where they may become involved in awful crimes and barbarism, be further radicalised and become a threat to this country. We need new measures to prevent people from going. Removing people’s passports through the royal prerogative is understandably not a swift process, and sometimes faster action is needed. If troubled parents ring the police because they are worried that a son or daughter has left to join ISIS and taken their passport with them, the police need to be able to move quickly. We therefore agree that temporary powers are needed.

The lack of judicial oversight is a concern. As the Bill stands, the police will be able to seize a passport based on their own judgment of reasonable suspicion, and there will be no judicial oversight for 14 days. Even then, a magistrate will look only at whether the police are continuing to investigate, not at whether there was reasonable suspicion in the first place. The power to seize a passport is important, but that means that it is also important that it is not abused.

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

Does my right hon. Friend believe that the apprehension of passports requires proper border agency staffing, which the Home Secretary has cut by 50%? She is now proposing to cut the police by 30,000 in the next period, which will make it extremely difficult for any of the actions set out in the Bill to be carried out.

--- Later in debate ---

[Mr Khalid Mahmood]

Does my right hon. Friend agree that that is why we had to tackle the issue of the “Trojan horse” schools in Birmingham, which were deliberately separating pupils, putting young girls to the back of the class and not giving them the same opportunities as boys, further reinforcing that stereotype?

[Hazel Blears]

My hon. Friend is so right. I would like to place on the record my huge admiration for the courage he has shown in his community by standing up to some of the voices of reaction. That is never an easy place to be when taking a stand for something one believes in so strongly. He is second to none in the way he has enabled ordinary people in his community to speak out. They did not want that going on in their schools; they wanted their schools to educate their children for the future, not the past. He has done an amazing job.

My second question to the Minister is this: where is the collective work happening? Tackling the threat is an issue for us all—parents, all of us in this House and people in the community. When we see people starting to be led down the extremist path, we have a responsibility to act. Even before that point there is work to be done in increasing the resilience of communities to withstand the extremist message. Again, that is difficult to do. My right hon. Friend the Member for Leicester East asked what the evidence is for a tipping point. The truth is that it is complicated and we do not have all the answers, but I am absolutely convinced that it is not enough just to deal with individuals who are already radicalised, to refer to the Channel group, to have a panel discussion and to come up with a bespoke programme for that individual. That is not enough. It is essential, but it has to be complemented by work that empowers people in the community, the decent vast majority of Muslims in our country who feel absolutely betrayed by this perversion of their faith. They have to be empowered to stand up, be counted, push that message back and gather the consensus around the majority of the community. I do not see that in this Bill, and I want to.

I want to put on the record my personal position on this, because there is a lot of confusion about it. As I think the Minister knows, I have always supported action against non-violent extremism as well as violent extremism. I did not always get 100% of my way—I am sure that the Home Secretary has experience of not always getting 100% of her way in Cabinet—but my personal position has always been that it is not enough to tackle violent extremism; we must also tackle the conditions in which it is allowed to become the accepted discourse and dialogue. That is where our strategy should be.

I have no problem with the Home Office leading on Channel and on the police and the agencies, but I agree with the hon. Member for New Forest East that we need a broader view on this agenda, because there are so many Government Departments involved. I do not think that the Department for Communities and Local Government should lead on this, but I believe that it has a role to play in bringing communities together. I am very disappointed by that Department’s lack of action and its failure to produce a counter-extremism strategy. We have had a statement, but we have seen no action to back it up over the past three years. I think that the issue is now incredibly pressing.

I will briefly say something on de-radicalisation. It is an even newer field and we have even less best practice on it. A very good European Union study by the Institute for Strategic Dialogue has given examples from other countries, but they are mainly based on bringing people out of far-right extremism. The Islamist threat has not yet been explored enough. We need to do more work on that. People in this country are doing great work, including Shiraz Maher from the International Centre for the Study of Radicalisation, Fiyaz Mughal of Faith Matters, and those at the JAN Trust and the Active Change Foundation. We have some great, great people whom we need to support to make a difference.

I conclude with what the Prime Minister said—credit where it is due—in his Munich speech three and a half years ago:

“This terrorism is completely indiscriminate and has been thrust upon us. It cannot be ignored or contained; we have to confront it with confidence—confront the ideology that drives it by defeating the ideas that warp so many young minds at their root, and confront the issues of identity that sustain it by standing for a much broader and generous vision of citizenship in our countries.”

Our country is a great place for people to live and grow up—a country of freedom, tolerance and inclusivity. We have to stand for those values and stand against the wicked, pernicious, narrow, divisive extremist agenda that is unfortunately pervading so many of our young people.

--- Later in debate ---

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

Today and over the past 10 days or so, the vast majority of people in the Muslim community in the United Kingdom, which numbers between 2.5 million and 3 million people, will have been apprehensive about what the Bill holds for them, how they will come to look at it and in what way they must play a part in delivering this policy and moving it forward. There will, of course, be those who will try to capitalise on that. They will say, “This Bill is about putting you down. It is about doing things to you because you are not regarded as full UK citizens or as belonging to society in the UK.” Those are the people we have to look at and deal with.

I stand before the House as a member of the Muslim community who believes that those people do not speak for me. The ideology that the hon. Member for New Forest East (Dr Lewis) spoke about is very warped. I refuse to call it a Muslim or Islamic ideology, because in no way does it encompass the beliefs that I have. To me, Islam translates as submission; it is not about torturing people and it is not about killing people of different faiths. Recognising the three great Abrahamic faiths, which belong to the book, and calling any of them kufr is certainly not justified in any way. These people will use whatever little snippet they can grab hold of, try to turn the whole thing upside down, and use that as a recruiting sergeant for their ideology. They did not have the right to cruelly butcher Alan Henning. My respects go to his whole family for what they have suffered. There is certainly no justification for that in any religion of Islam that I support, believe in and will continue to believe in.

Before I consider the issues before us, I pay a huge tribute to the police, not just in Birmingham and the west midlands where I belong, but across the country, and to the security services, which have done a tremendous job over the past decade or so to protect us all from the plots that have been mentioned by the Home Secretary and others. That is what they do, day in, day out, and they deserve huge gratitude.

As for the Bill, the first issue that I wish to raise concerns the strengthened powers of temporary restrictions on travel and the suspension of passports. A number of Members have dealt with that point, so I will try to make my remarks fairly brief. The shadow Home Secretary had a significant amount to say about it, and the right hon. and learned Member for Beaconsfield (Mr Grieve) made some important remarks about it. My hon. Friend the Member for Bolton South East (Yasmin Qureshi) also made some good points about whether legal aid would be granted to the people in question. We need to look more deeply at the proposal, because, as a number of Members have mentioned, it will leave us in a legal quagmire. I only wish the Government had taken some more time to consider it. Unless we are prepared to do that, the problems will not be dealt with properly.

On the subject of passports and people coming into the country, I do not believe that we currently have sufficient border agency staff to deal with the problem. We need to move forward on that if we are to solve it in any way. It was said earlier in the debate that 500 people have travelled to Syria—a figure that I do not necessarily agree with—and that at least half of them have returned. If so, where are they? If we had proper passport control and exit controls, perhaps we would know. Not only are we missing those people coming back, but we are missing a huge opportunity to learn from them how they were radicalised, what their points of contact were and what happened. We miss that opportunity at our peril. I welcome the fact that the shadow Home Secretary said that she wanted to reinstate 1,000 border control personnel to fill that gap, because it is important that we deal with the problem.

I turn now to control orders, if I can call them that. I was in the Chamber when TPIMs were first discussed, and the Government did not really want to listen to the Opposition or the shadow Home Secretary. Unfortunately, we are back here now discussing control orders under different guises and different names, and there are different protestations about what we are supposed to be doing. Control orders are a difficult legal issue, but when people are significantly radicalised, it is important to try to resolve that problem. We have to start tackling it so that we can stop those people spreading their evil ideology and recruiting more people through their presence in the community. We need to find a proper answer, and we have not had the wherewithal to do that—as has been said, two people under TPIMs escaped.

The Government need to consider security arrangements overall. The new budget for the security services is welcome, but the cuts to the police and the forthcoming further cut of 30,000 people will not help. If we are saying that TPIMs are important for the safety and security of our citizens, surely we must consider how we can best put them into effect. Without the personnel on the ground, it will be difficult for us to do that.

I deal now with Prevent. My right hon. Friend the Member for Salford and Eccles (Hazel Blears) made a fantastic point about the work that she has done, particularly when she was in office. I remember a meeting that we had about some of these issues just before she left office. The issue that I raised at the time was ideology. On the subject of Prevent and how these problems are dealt with, slashing the budget from £17 million to £3 million did not help, nor did giving the responsibility to the Department for Communities and Local Government, which was not bothered about how we dealt the matter or how we moved forward, and which did hardly anything in that respect. We need to consider how we deal with radicalisation through Prevent.

I welcome the measures placed on schools, colleges, universities, prisons and young offenders institutions. Those measures will go some way. I had to deal with the “Trojan horse” schools in Birmingham, and found myself in a very lonely place. Everybody criticised me. Colleagues on the Opposition Benches were not happy with what I said. I had known for some time that there were issues that had to be dealt with. The difficulty for me was that they were not in my constituency, but in the end I got involved because I thought enough was enough. Somebody had to get involved and deal with them.

There were clear signs of what was happening in the classroom. I had taken an interest in such matters before. I spoke to head teachers of those schools, former head teachers who had been excluded from those schools, deputy head teachers, senior teachers who had been excluded from those schools, parents and governors who had been pushed out of those schools. I even spoke to students in those schools. Practices that went on were, for example, boys and girls not being allowed to sit together, and the girls being pushed to the back of the classroom so that they would know their place.

I spoke to one of the parents, who said everything was fine and none of that happened. I asked whether any of her children went to the school in question. She said that both her son and her daughter went there. I asked her to ask one of them. She asked her son. He said, “Yeah, Mum, that happens normally.” The mother asked, “Why don’t I see it?” Her son said, “When you come to school, there’s a different arrangement from what we normally do in class.” On parents evening, the parents were shown the school acting normally, but when they were not present the girls were made to sit at the back and the boys in front.

The schools had a specific interpretation of music and art and photographs of the human form or living form. The children were even told that if they had photographs of their parents or grandparents at home, or photographs of other family members, perhaps deceased, that was not right and was a crime under Islam. That is what was happening. Many people might see it as non-extremist radicalisation, but if a school has a child for eight years and passes on such teaching, what happens when the child leaves and goes to college with that ideology fixed in their mind? We need to think about how we deal with these issues and move forward.

As part of Prevent, we should recognise that we have a generation of lost young people—a small minority, as the hon. Member for New Forest East said, but still far too many.

[Jeremy Corbyn (Islington North) (Lab)]

My hon. Friend is making a very interesting contribution. Does he agree that one of the problems—only one of them—is the high degree of Islamophobia that is reported in many of our newspapers and media all the time? Any discussion about anything to do with the Muslim community rapidly descends into a quite unpleasant area. This is played out in our communities, schools, colleges and streets, and some young people are forced into extreme positions because of it. That is bad, but we should recognise that there is a bigger problem concerning perceptions in society, which has to be challenged.

[Mr Mahmood]

I certainly agree that there are issues of Islamophobia in terms of employment, but it comes to something when people call me Islamophobic because of the work I did with the Trojan horse schools. Control of the press is difficult, given the way it sometimes tries to—excuse the pun—“sex up” certain issues. That is difficult to deal with and we need a far wiser press to do that. Trying to further excite the issue of Islamophobia affects the wider community, and we must look at that.

There are real issues about how we deradicalise our young people, and the way to do that is not to allow a half-way house—as we have done previously—or look to non-extremist organisations to hold that place. If they do that, the ideology of the non-extremist organisation allows issues to foment; we allow people to get the whole of that ideology into place, and it is then easily pushed to the next stage. That is my problem when people say that we can use some of those organisations to prevent extremism. We are currently trying to deal with issues in Birmingham, and Channel and Prevent programmes have been used with some of those organisations.

If we are to provide the safeguards we must consider the issue. Unfortunately we have had the missing link of leadership from within the Muslim community—whether the Muslim Council of Britain, the Muslim Association of Britain, or other national organisations that said they represented Muslims across the community—which did not quite deliver that. To save that lost generation, and future generations, we need a joint effort. We must start ideologically, from the point of Islam, to stop people persuading young people from within the Muslim community—including different schools of Sunni, Shi’a and other schools of thought in Islam—to be ripped away from their parents, community and societies. That is the best way to move forward. I would like to discuss other issues in the Bill, but time does not permit so I will do so at a later stage.

Deferred Divisions

Khalid Mahmood Excerpts

Tuesday 2nd December 2014 Commons Chamber

[Yasmin Qureshi (Bolton South East) (Lab)]

It is a pleasure to follow the speech by the hon. Member for Perth and North Perthshire (Pete Wishart), some of which I agreed with. Let me place it on the record that I also agreed with some of the things that were said by the right hon. and learned Member for Beaconsfield (Mr Grieve), the hon. Member for Cheltenham (Martin Horwood) and, of course, my Labour colleagues.

I ask the House to bear with me for a few moments while I explain what I did before I became a Member of Parliament. It is important for the House to know where I am coming from when I make the observation that I am about to make. I was a prosecutor for nearly 15 years, so I am not shy of having strong laws in the criminal justice system. I do not have a problem with people being prosecuted for crimes that they have committed and being sentenced appropriately. If people commit a serious offence, they should receive a serious sentence. I do not think there is a problem in having laws that deal with criminality.

I understand the position from which Governments approach this subject. Obviously, they have an obligation and a duty to protect their citizens. That duty must, of course, be balanced with individual rights and civil liberties. I know that it can be a difficult balance to strike, especially in these challenging times. Perhaps it is at times of pressure that a civilised society can be recognised. When a civilised society loses sight of its liberties, it is giving in to the terrorists. It is saying, “You have succeeded, because we have put up all these fences and brought in all this legislation.”

I ask the Government to consider the following points. On the issue of temporary exclusion orders, there should be proper legal and judicial oversight. There should be a categorical commitment that a UK national who is overseas will be allowed back into the country. At the end of the day, everybody knows that, under international law, a person will be stateless if they cannot come back to the country of which they are a national.

Earlier, I put a question directly to the Home Secretary. As I understand it, she said not that people would be stopped from coming back to the country, but that they would have to go on a managed programme, by which she meant that they could come back on our terms and conditions. The question is, what happens to the person who does not want to accept our terms? We can deal with them if there is evidence of criminality against them, as we can prosecute and, if necessary, imprison them. But what if no criminal allegation can be proved? What happens then if they want to return? The proposed legislation suggests that they can return only on our terms. I ask the Government to reconsider that concept in its entirety. If they want a managed return, the person who is subjected to the order should be able to go to the courts to challenge it. I do not mean the judicial review process, because that is incredibly complex and the Government have recently passed quite a lot of stringent rules about whether people can have legal aid for judicial review.

The process of challenging a managed return order should not be dissimilar to that which applies when someone is charged with a criminal offence. They can apply for legal aid, they can go to court and they can contest the allegations against them. That element should be strengthened in dealing with people who are excluded. Legal aid should be available in a very simple system, allowing people to challenge the orders in the proper courts, as opposed to having to go through the very circuitous route of judicial review. As a lawyer, I can tell hon. Members that that is not an easy route. A straightforward application to challenge orders, such as that which people would make in any other example of criminality, is the right way forward. I hope that the Home Secretary and the Opposition Front Benchers, when tabling amendments to the Bill, will consider the judicial safeguards.

The second part of the proposals involves taking away people’s passports or travel documents when they are travelling. I understand the rationale for that. A father or mother might ring up, saying that their child is travelling across the country and might be heading for somewhere they should not, and asking whether something could be done. I accept that it might not be possible, in the space of a few hours, to get a court order to ensure that there is a legal sanction behind the removal of that person’s documents. However, the proposal that the police or law enforcement agencies could keep the documents for up to 14 days—even after 14 days people might only be able to go to the courts for a judicial challenge—needs to be reconsidered.

Although there might be an urgent need for such a provision for the first few hours, or even for a day, the judicial oversight should kick in within a certain time—say 48 hours—of the stoppage taking place, rather than 14 days, which is what the Bill proposes if I understand it correctly. Even after those 14 days, the person would only be able to challenge whether the police officer had been diligent. They will say that they are diligent; what needs to be challenged is whether taking away the document was a right and proper decision. We know from history that whenever powers of stop and search are introduced, they are always abused and they are quite often never properly implemented. We therefore need to be careful about these draconian powers and how they are exercised. Adding a legal and judicial element to the process is necessary so that we have a balance between protecting the citizen from criminality and retaining people’s liberties. I hope that the Secretary of State will consider that. At the same time, it is pointless to have rights if people do not have the legal aid with which to exercise them. I hope that that will accompany this.

On TPIMs, I agree with the Home Secretary’s new definition involving reasonable probability. The standard of proof has gone up, but it should be even tighter. Provisions such as TPIMs take away people’s liberties and they should be able to challenge that. I know that people can challenge those orders in law. Members might not be aware that, interestingly enough, quite a lot of people who challenged their TPIMs in court were released from those orders, and that was with a very low standard of proof, as we call it in the legal system. I am very pleased that the standard of proof will go up and I think that there should be clear judicial safeguards in this regard as well.

I now come to my final observations on a point that is causing me some concern—the provisional statutory framework for universities, prisons, schools, nurseries and so on, intended to prevent radicalisation. It always makes me uncomfortable when the state tries to enter the arena of monitoring and controlling thought and discussion. Other hon. Members have alluded to the fact that some universities are worried that that might prevent the proper, sensible discussion of issues. There are many in this country, and across the world at large, who hold views that could be called socially or morally conservative, religiously conservative, or even radical; but there is a big difference between holding socially conservative views and getting to the stage of committing a criminal offence—that is a big jump.

Although I will wait to see the Home Secretary’s guidelines, I am concerned about another proposal in the legislation. If an institution does not carry out what it has been asked to do, or fails to monitor it properly, the Secretary of State can direct them to do it. It would be helpful to know what we are talking about in relation to the guidelines. I say this not to criticise, because I know that all Governments, of whatever complexion, do this, but when this type of legislation is introduced, we should have more time to analyse and discuss the matters sensibly and get the details. Regrettably, that has not happened in this case. We have not had enough time. I know that three days will be set aside for debate in Committee of the whole House, but we really should have had more time to discuss the measures in the Bill before it came to the Chamber today. I therefore look forward to hearing the Government’s proposals in relation to libraries, universities and other institutions.

Let me move on to my concerns about the state interfering in thought processes. The provision might look, on the face of it, very comforting and reassuring, but will it actually achieve anything? Will it be effective, or are we just bringing in another layer of rules and regulations without thinking about whether they will work? I think that organisations should be told that these dangers exist, and I do not see anything wrong with sending out guidelines that say, “This is the kind of thing you’re looking for,” but I think they should be voluntary, not statutory. I think that resources should be made available to help institutions deal with radicalisation and extremist views.

Although everybody is talking about radicalisation in general, we know that we are talking about a tiny number of people who call themselves Muslims but are doing things that I can quite honestly say most of us just do not connect with in any shape or form. As the hon. Member for New Forest East (Dr Lewis) said, of the 2.5 million to 3 million Muslims in this country, those people number in the hundreds. Many of them are young, and most of their information seems to come from the internet.

It is right that there should be a counter-narrative. The state should not set up a unit specifically to deal with that, but there is nothing wrong with going into a Department and putting in place funding, for example, to look at countering the narratives. Many Members have talked today about certain institutions that have been looking at radicalisation, such as the one in King’s college, but there are other people who have looked into it who, perhaps because what they say is sometimes a little broader, do not get enough attention.

A famous American academic, Professor Kundnani, has looked in detail at all aspects of radicalisation, and one of his suggestions—this is very pertinent—is that in universities and places of education there should be spaces for wide-ranging discussion of religious ideology, identity and foreign policy. Those spaces should not be undercut by the fear that expression of radical views will attract the attention of intelligence agencies or counter-terrorism police. If we scare people so that when they come out with some radical or conservative idea they will not discuss it, we will never find out what is going on in their head and never be able to challenge them and say, “Actually, your narrative is wrong.” A safe space should be allowed for that discussion to be had.

[Mr Khalid Mahmood]

When we start to engage with those with radical views that differ substantially from the views of the general Muslim community and of Islam, allowing them access at that level sets us back, because instead of putting their views forward, they put the whole radical doctrine and ideology forward, which weakens the entire case. We have done too much of that here in the past. We need to start to tackle those with very different and radical views that need to be addressed.

[Yasmin Qureshi]

I am sorry, but I respectfully disagree with my hon. Friend. Yes, some people have radical views that we would all disagree with, but unless we hear what they have to say, we cannot challenge them.

I speak to a lot of young people all the time, especially young Muslim males, and I listen to what they say. Sometimes they come out with things that do not make me think for a minute that they are going to commit a crime, but show that they have a view about certain issues. I sit there and explain to them, “That is not right and this is how it should be,” and they listen. That kind of discussion is important, and we cannot stifle it.

--- Later in debate ---

[James Brokenshire]

This is a complex subject and we cannot point to one individual factor for a specific individual. We can examine the profiles and backgrounds of terrorists who have been convicted for their crimes, but it is hard to generalise. We can point to individual factors or circumstances that may have contributed over a number of years, and some contributions to the debate have been about the vulnerability of certain individuals. Equally, for whatever reason, some people have sought to create an identity by allying themselves to an extremist organisation in some way. There is good understanding, but answers will be different for different circumstances and individuals, and it is important to understand the layers and complexity. Equally, we must look at the safeguarding agenda. Our work through Prevent is to ensure that front-line professionals are acutely aware of identifying any issues, so that people are directed to support and measures and do not progress down the path towards radicalisation and terrorism. We will continue that important work.

[Mr Khalid Mahmood]

Following on from what my right hon. Friend the Member for Leicester East (Keith Vaz) said, a study has been done by Professor Kam Bhui of Queen Mary university of 600 people from London and Bradford—it should have been Birmingham, but it was not—on a clinical and psychological basis. That provides a certain way forward although it does not address the issue of ideology.

[James Brokenshire]

That is why it is so important that we continue to see that response from the community and families. The Home Secretary mentioned FAST—Families Against Stress and Trauma—and the good work it seeks to do to encourage families who are concerned about a loved one or someone they know to have the confidence to come forward to talk to someone. That may not necessarily be the police—it may be another agency or someone from the community—but where there are concerns we should act earlier to prevent someone from moving down a pathway that might lead them to be radicalised or to want to make the journey to Syria or Iraq. We must give a clear message that that is not the way to help or assist in that conflict.

On oversight and engagement, I am keen to ensure that we respond to Select Committees—indeed, I will give evidence on the Bill tomorrow morning to the Joint Committee on Human Rights. The Home Affairs Committee will also hold an evidence session tomorrow, and we will respond to inquiries from various Committees that have an interest in this matter.

Today’s main contributions have largely focused on the temporary exclusion order and Prevent, so I will concentrate my remaining remarks on those issues. On discussions with our international partners, as the Home Secretary made clear in her opening remarks we are actively engaged with a number of countries, and those discussions have been positive thus far in relation to practical operations. On the ability of someone to request a return, I point right hon. and hon. Members to clause 5(1), which states that the Secretary of State “must” issue a permit to return. The concept is of a managed return when a request is made, and the only circumstances in which a permit can be refused is if a person fails to attend an interview with a police or immigration officer. Therefore, the sense that we will deprive people of their citizenship or make them stateless does not bear examination, because they will have that right to return and the ability to make that request.

The speedier mechanisms can operate in circumstances around deportation. We will seek to cancel someone’s travel documents and to ensure that they can be put on watch lists, so that they can be met and we know when that return will take place. That is our stance. I therefore tell my right hon. and learned Friend the Member for North East Fife (Sir Menzies Campbell) that we are not seeking to say that someone cannot return in perpetuity. As we have made clear, those concerned will have the right to return to the UK. We believe and are confident that the measures we propose are compliant with our international obligations and relevant human rights legislation.

Border Force

Khalid Mahmood Excerpts

Wednesday 4th September 2013 Commons Chamber

[Mr Speaker]

The Minister’s public-spirited generosity is truly boundless.

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

What checks have been made on individuals with serious criminal records from eastern Europe entering the UK?

[Mr Harper]

Checks are made, but to some extent we are dependent on what other countries tell us. The hon. Gentleman may be aware that the second generation of the Schengen information system will hugely improve our ability to share criminal record information with our European partners, and when that comes online in the next year or so, it will give us a much greater ability to stop known criminals entering the UK and therefore enable us to protect the border better.

Policing and Crime

Khalid Mahmood Excerpts

Monday 23rd May 2011 Commons Chamber

[Mrs May]

I thank my hon. Friend for that point, and I will come on to vetting and barring once I have covered the issue of antisocial behaviour, because every aspect of the Opposition’s motion is wrong.

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

What effect does the right hon. Lady think her cuts will have on counter-terrorism, given that, as my right hon. Friend the shadow Secretary of State said, chief constables will not be able to provide 24-hour policing for such matters?

[Mrs May]

I remind the hon. Gentleman that we have protected the counter-terrorism policing budget, because we recognised the importance of that.

The next mistake in Labour’s motion is on antisocial behaviour. We are giving the police and local practitioners a simpler and much more effective set of tools. The current alphabet soup of powers is confusing, bureaucratic and, far too often, simply not effective. The number of antisocial behaviour orders issued has fallen by more than half, and more than half of them are now breached at least once. More than 40% are breached more than once, and in fact those that are breached are now breached an average of more than four times.

We are introducing a smaller number of faster, more flexible and more effective tools that will allow practitioners to protect victims and communities. Far from making it harder for communities to get action on antisocial behaviour, we will introduce the community trigger, which will give communities the right to force agencies to take action to deal with persistent antisocial behaviour if they have failed to do so. The last shadow Home Secretary said:

“I want to live in the kind of society that puts ASBOs behind us.”

I find it rather concerning that the current shadow Home Secretary does not want to live in the same kind of society as the shadow Chancellor.

The Opposition’s final mistake in the motion is on child protection, and it brings me to the point that my hon. Friend the Member for Bournemouth East (Mr Ellwood) raised. There are no loopholes in the programme that we have proposed. If by “loopholes” the Opposition mean that our scheme will no longer require 9 million people to register and be monitored by the state, they are right. We will not put nearly one in six of the entire population on to some enormous, intrusive Government database. We will not stop famous authors from reading poetry to schoolchildren. We will provide an appropriate and proportionate scheme that will give vulnerable people and children the protection that they need, while allowing those who want to volunteer to do so without fear or suspicion. That will make children’s lives better, by encouraging, not discouraging, people to work with them. I am sure that many Members, like my hon. Friend, can give examples of people who have found the whole process difficult and, sadly, been put off volunteering.