Counter-Terrorism and Border Security Bill

Debate between Lord Bethell and Earl Attlee

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 31st October 2018 Lords Chamber

[Lord Bethell (Con)]

My Lords, I too thank my noble friend Lord Faulks for moving this amendment. I also thank my noble friend Lord Hodgson for supporting it, and I am glad to support it myself.

Many Peers spoke at Second Reading about the extraordinary changes to warfare, terrorism and espionage, and the growing risk of home-grown participants and recruiters. There is clearly a need for a modern response to these challenges, and I think the Bill does a huge amount to deal with them, but I wonder whether it goes far enough.

On the legal case for a revival of the treason law, my noble friend Lord Faulks and others have put the arguments much better than I can. I also recommend the paper by Policy Exchange, Aiding the Enemy, which has an enormous amount of support from senior figures in the law and the police. However, my angle is slightly different. I am coming at it from the point of view of cohesion and the need in this country to ensure that there is a really strong sense of trust in our communities.

We are living with a huge amount of immigration—something that I am really proud of and glad to see happen. There is an almost post-modern attitude among many people towards even the concept of a nation state, and a sense of “anywhere-ness” among a lot of people. The noble and learned Lord, Lord Falconer, the former Lord Chancellor, argued in 2010 that the law of treason was no longer appropriate because people might feel their strongest allegiance to be towards their religion or even towards Greenpeace. He said that we live in an era when the freedom of the individual is put above practically everything else.

That thinking, I am afraid, has contributed to our becoming embarrassed when talking about big ideas such as treason, betrayal and allegiance. We have lost a sense of what is acceptable and what is not. It is acceptable to criticise your country and to obey your God or to follow the tenets of your ideology, but it is not acceptable to aid one’s country’s enemies in their attacks. I think this confusion has contributed to 900 people, many of them young and naive, fighting for an enemy, and we are now living with those consequences.

I was greatly struck by the story of Kimberley Miners, who travelled to Syria and recently returned. She said of her experience of living with ISIS:

“People have no idea, but ISIS is actively searching Facebook for vulnerable people. People just like me. These people befriended me, I felt accepted”.


I feel a mixture of enormous compassion for her and enormous anger that she could have been so stupid in this decision. I cannot help feeling that, if our citizens and those who chose to live here had a clearer sense of where the boundaries lay, naive young people would not have made such stupid mistakes. We could then sleep with confidence that our neighbours, whatever their views and beliefs, ultimately have a peaceful intent towards their country, and further damage to trust in our communities could be avoided.

By way of conclusion, a treason law should not become a coercive or reactionary measure, and I pay tribute to the thoughtful briefings on the Bill from Liberty and the Open Rights Group, and to the contributions of my noble friends Lady Warsi and Lord Ahmed during Second Reading. But there is social merit in a narrowly drafted measure that makes clear our duty not to aid one’s country’s enemies in their attacks. That is why I am pleased to support this amendment.

[Earl Attlee (Con)]

My Lords, I too support the amendment. When I read it, I was surprised that it did not include the words “take up arms against Her Majesty’s forces” or something to the same effect. It is, as my noble friend pointed out, a procedural point. I gently point out, however, that we in this House have great freedoms of manoeuvre and are able to table amendments that you simply would not be able to in the House of Commons. I hope that, in the end, the provision will include the words “taking up arms against Her Majesty’s forces”. We cannot have UK citizens attacking the UK or its forces in an organised way while still enjoying our way of life and the privileges of living in the UK. How do we think our security services and Armed Forces feel when they realise that a member of the enemy was brought up in the UK?