Counter-Terrorism and Border Security Bill

Debate between Lord Carlile of Berriew and Lord Harris of Haringey

Report: 2nd sitting (Hansard - continued): House of Lords & Report: 2nd sitting (Hansard): House of Lords
Monday 17th December 2018 Lords Chamber

[Lord Carlile of Berriew]

My Lords, I do not disagree with much of what has been said by my noble friend Lord Anderson. However, I have some concerns about a proliferation of independent reviewers. My suggestion to the Government is that, if there is to be an independent review of Prevent, it should be done by the new Independent Reviewer of Terrorism Legislation who I understand is about to be appointed. After all, Prevent is part of the four-strand counterterrorism policy; it seems logical that the independent reviewer should be able to consider all strands of that policy. My only reservation would be if there were serious national security implications of any such review. That said, all independent reviewers have had to be “subtle and nuanced”, to adopt a phrase from my noble friend, about national security issues. This has been taken into account in the production of all reviews.

Of course I accept that Prevent is not a perfect policy. All policies can be improved, particularly in counterterrorism. If it would give greater confidence to the public, or rather—as I suspect the public are not too worried about this—if it would give greater confidence to those who spend a lot of time in the Palace of Westminster and the couple of square miles around it, then I see no disadvantage in an independent review being carried out by somebody already vetted and expert on counterterrorism policy as a whole.

[Lord Harris of Haringey (Lab)]

My Lords, it is a pleasure to follow two distinguished reviewers of counterterrorism legislation, who more or less agreed with each other. My first realisation of how pivotal the Prevent strand is came when I chaired a focus group with mothers who were concerned that their children were being lured into radicalised behaviour. They were pleading for there to be somewhere where their children, mainly male in that group, could be referred to be helped through the process and not end up as radicalised and potential terrorists. They had huge concerns that if they raised their fears about their sons with the police, the next thing that would happen is that their doors would be kicked in at four in the morning and the young person would be taken away and interrogated, and goodness only knows what would happen after that. Those mothers were also concerned about whether there were routes within their own communities for dealing with such cases and they felt quite strongly that there were none. They did not have a solution: they simply pleaded for something to be found to help them in that situation. That is one of the strongest cases that I have heard as to why this work is so important.

Having said that, there was a desire for alliteration to have four Ps when the Contest strategy was created and, in hindsight, that the Prevent strand was included was not entirely helpful. The core of Prevent is safeguarding. We have no qualms about safeguarding young people from sexual abuse, about safeguarding those who are vulnerable or have mental health issues, nor of finding ways to steer young people away from gang-related activities—we do not necessarily know how to do it but we know that it is a good thing to do—and we have no qualms about trying to steer people away from becoming addicted to dangerous drugs. Why should we have any qualms about steering young people—or indeed anyone—away from engagement in radicalisation and in terrorism? The problem has been that it is seen as too closely linked to the counterterrorism policy and the alliteration of the four Ps.

We should be quite clear that counterterrorism is important. It has to be addressed in this way and the Prevent programme has not always been as effective as it might have been in individual cases. Again, I remember 12 years ago—I cannot recall exactly when: I would have to check my diary—visiting two Prevent projects in London in adjacent London boroughs. They had similar mixes but took completely different approaches, for no obvious reason. In one, it appeared that if someone was referred to the programme, a large, burly police officer would go around and try to talk them out of it, which, frankly, will not produce the most effective results. There was an issue, particularly at the beginning and perhaps less so now, of quality control in the way in which some Prevent activities have been taking place.

We should also recognise that the fact that Prevent has such a difficult reputation is not entirely accidental. It is not entirely the consequence of that variability in the style but because some organisations and individuals have desperately tried to traduce it and make it appear more sinister than it is—for whatever reasons we can only speculate, but that is what has happened.

My noble friend’s amendment is important not necessarily because we will end up with something very different, but we need to look at those quality control issues, to establish that it is being done as well as possible, and we need to emphasise that the mission is safeguarding and protection of the individual rather than being part of the counterterrorism machinery which necessarily leads people to conviction and imprisonment.

--- Later in debate ---

[Lord Carlile of Berriew]

I am very grateful to my noble friend, who is more up to date than I am. My understanding is that the only fully contested application was from the People’s Mujahedin of Iran, which won in front of POAC. The Government appealed and the Court of Appeal issued a judgment comprehensively disagreeing with the Government. The People’s Mujahedin of Iran—or the NCRI, which includes the PMOI—now functions openly throughout Europe, although its leader, Mrs Rajavi, is not allowed by the Home Office to enter the United Kingdom. My noble friend Lord Pannick and I remember this to our cost, because we were involved in a Supreme Court case on that very subject.

There is a method of seeking de-proscription. It is expensive and quite clunky, it has to be accepted. Secondly, I absolutely agree with my noble friend that there may be some organisations that have almost no membership, which do not have the resources to apply for de-proscription, and which individuals would not wish to expose themselves as being interested in by applying for de-proscription on their behalf.

However, there is another point I wanted to mention. This is a very subtle matter, particularly in Northern Ireland. It is very difficult to read the minds of some former paramilitaries, both big and small. For all we know, they may have reasons for wishing to remain proscribed. My concern about Amendments 32A and 32B relates to the wording of proposed new subsection (6A)(d), which requires the Government to “publish each such decision”. Having been involved from time to time in the area we are talking about, I believe that would potentially raise compromises for national security and undermine the stability of Northern Ireland, if that part of the amendment was required. That said, the addition of the words,

“that it is or has been concerned in terrorism”,

in Amendment 32A, which I understand from my noble friend was tabled in the last fortnight or so, provides some welcome clarity. I will give way, and then I will continue briefly.

[Lord Harris of Haringey]

I may have misunderstood the noble Lord and I am grateful to him for giving way. If he is objecting to the idea that the decision should not be published, how will somebody know whether an organisation is proscribed or not?

[Lord Carlile of Berriew]

The last paragraph would remain: a record would have to be placed before Parliament. What I am concerned about is the giving of reasons.

[Lord Harris of Haringey]

It does not say that.

Criminal Justice and Courts Bill

Debate between Lord Carlile of Berriew and Lord Harris of Haringey

Monday 21st July 2014 Lords Chamber

[Lord Carlile of Berriew (LD)]

Can my noble friend elucidate for those Liberal Democrats who are unaccustomed to taking part in plots organised by the Chief Whip of the Liberal Democrats—I claim to be one of them—and answer the question of the noble Lord, Lord Reid? Why is this issue not better dealt with by sentencing guidelines, which can be changed from time to time to meet the circumstances that the courts have to face on a regular basis, rather than by using this clumsy statutory provision, which is not in a fit form to enact in any event?

[Lord Harris of Haringey (Lab)]

My Lords, I have listened to this debate for the last hour and a half and was almost looking forward to the Minister’s response. Some serious issues have been raised during the course of this debate which deserve an answer on behalf of the Government. As I understand the position—and I have got more rather than less confused as the afternoon has worn on—we are about to have put before us the Motion than the clause should stand part of the Bill.

If we were to agree with the noble Lord, Lord Marks, we would presumably vote not content. Presumably, too, the Government and possibly the Opposition have whipped all the noble Lords here to vote content—that we want the clause. Therefore, before we vote on the matter, it is really important that some of the issues that have been raised are addressed by your Lordships’ House with the authority of the Government saying what their responses are.

For example, one point that exercises me is the question of why it is thought that this might have a deterrent effect on young boys who act largely on impulse. I appreciate that the Government do not want—or the Minister does not, on behalf of whatever entity he is speaking—to express a firm view. However, he could share with the House the research work that no doubt different government departments have conducted on what constitutes a deterrent effect on young men and whether the clause, as drafted, conceivably delivers such an effect.

Police Reform and Social Responsibility Bill

Debate between Lord Carlile of Berriew and Lord Harris of Haringey

Wednesday 13th July 2011 Lords Chamber

[Lord Harris of Haringey]

The Government are trying to square the circle of putting a very high priority on national security—the national security strategy, the creation of the National Security Council—and their policies on police and crime commissioners. Clearly, the potential danger with police and crime commissioners elected with a local mandate to articulate the concerns of local people is that some national priorities will not be given the same priority at local level. Now, I am sure that no sensible police and crime commissioner would say, “I am not interested in anything being done on counterterrorism”, just as no sensible police and crime commissioner would say that they did not want to see anything done on serious crime. However, when there are 41 directly elected individuals, some of whom will fight very fiercely contested local elections, or be facing fiercely contested re-election, the question of whether the same priority is given to national security matters as is given to other matters becomes a real issue.

Because of our particularly slow progress as a House on other matters before we arrived at the Bill tonight—we are making rapid progress compared to the progress earlier—I had the opportunity of listening to a presentation downstairs from Professor Dave Sloggett, a nationally known expert on counterterrorism issues. In a rather chilling 15-minute tour d’horizon, he simply spelt out the sorts of threats that we face, which are contained in the CONTEST strategy, and the context in which that is taking place at the moment. Yes, Osama bin Laden has been killed, but that does not mean that al-Qaeda goes away. We are actually seeing a fragmentation and each of the different affiliates going their own way, each presenting slightly different threats.

We have Gaddafi in Libya, who has made an explicit threat of suicide bombers in European cities; and there is the changing situation in Northern Ireland, where we have just seen two nights of sustained rioting and serious disorder. Again, the fact that that has not impinged significantly on the rest of the country makes it all the more likely that there will be an aspiration for it do so. We have the challenges of the Olympics. In moving her amendment, my noble friend Lady Henig referred to issues around cybercrime, and it is interesting that the CONTEST strategy for the first time refers to the cyberterrorist threat. These are issues in which local police forces have got to play their part; they have got to raise their game. They are not necessarily issues which will immediately emerge as the priority for the elected police and crime commissioner in every part of the country, yet every part of the country is potentially affected.

Let us consider the way in which Roshonara Choudhry self-radicalised herself, dropped out of her university course and, having listened to speeches and read material on the internet, decided that an appropriate thing for her to do to take forward the cause would be to assassinate a British Member of Parliament. She then researched Members of Parliament on TheyWorkForYou.com and purchased two kitchen knives. Fortunately for Stephen Timms, a Member of Parliament in the other place, she decided on the day that it was easier to conceal in her clothing the shorter of the knives. That is an example of the kind of threat we face.

Not so long ago an individual in the south-west of the country seriously injured himself in an attempt to blow up a restaurant in which families with young children were having meals. Again, he was an individual who, as far as we know, was not significantly connected to any of the networks.

It will be the responsibility of local policing, local special branches and local intelligence to pick up on these issues. If you get to a stage where this is seen as not the responsibility of a local police force, your ability to combat these threats will be severely weakened. That is why the strategic policing requirement is so important.

It is also important in the context of serious and organised crime because we all know that if you do not maintain consistent and strong pressure on the issues around serious and organised crime, gradually the quality of community life in all kinds of areas will begin to deteriorate—and yet this will not be an immediate priority for many police and crime commissioners.

The Government have, properly, written into the Bill a strategic policing requirement. However, they have not specified how it will be enforced and how they will make sure that it is met in every force area. My noble friend Lady Henig has tabled an amendment which would require Her Majesty’s Inspectorate to produce a report on an annual basis and lay it before Parliament to assess how the strategic policing requirement is working. My amendment has a different focus; it seeks to consider what happens in each individual force area. It does not specify that the report should be laid before Parliament because sometimes the content of that report in relation to the strength, willingness and effectiveness of local forces in combating terrorism and serious and organised crime would best not be publicly shared.

I know that the Home Office does not want to be top-down on all kinds of issues, but on these issues it needs to be top-down, which is why it has postulated a strategic policing requirement. This will give the Home Secretary a snapshot for each police force area and a national overview, if you take the position that has been put forward by my noble friend Lady Henig, of what is going on and where there may be weaknesses. Whether that will result in a formal intervention by the Home Secretary or a less formal intervention with the chief officer of police and the elected politician who leads those areas applying pressure, I do not think really matters. What is important is that the Home Secretary has that information and has it as a tool. Further, it is important that the locally elected individual—the police and crime commissioner or the MOPC in London—is aware of where they stand in terms of meeting the strategic policing requirement. They may well have a rose-tinted view of what the level of problem is or what needs to be done. This gives them that information and the opportunity to decide. I find it extraordinary that there is nothing in this Bill about monitoring how the strategic policing requirement is to be met, how it is to be achieved and what is to be done about it.

These amendments are put forward in a genuine attempt not just to assist the Government to achieve their objectives, which as you know are constantly at the forefront of our thoughts on this side of the House, but because it is critically and crucially important for the national security of this country and indeed for our ability to deal with serious and organised crime.

[Lord Carlile of Berriew]

My Lords, I hope I will be forgiven for making a short intervention in support of the amendment of the noble Baroness, Lady Henig, and indeed in support of the amendment of the noble Lord, Lord Harris of Haringey, as to its principle. This Bill is to a great extent about the accountability of the police. The whole purpose of the Government’s policy, which I applaud, is to make the police more accountable to the public. The noble Baroness, Lady Henig, is attempting to do precisely that—to give visible evidence of that accountability to enable the public to judge from a document how accountable the police are in terms of the strategic policing requirement.

The noble Baroness referred to the work of the independent reviewer of terrorism legislation, which I used to be. The independent reviewer is required to produce at least two reports every year which enable Members of both Houses, who use the reports extensively, and others to judge the performance of the authorities in relation to counterterrorism law. We have an independent reviewer of the relatively new Northern Ireland provisions for what is now public order law in Northern Ireland. This role has been carried out since it was introduced by Mr Robert Whalley. He has been very successful in ensuring that those important parts of the law he reviews in Northern Ireland, which can prove, as we have seen in the past couple of days, very controversial in the context of everyday life, are accounted for in the legislative assembly of Northern Ireland and in this Parliament.

Following the legislation in relation to the UN money-laundering provisions for named terrorist suspects, we introduced recently an independent review which is going to be carried out, as I understand it, by David Anderson QC, who succeeded me as independent reviewer of terrorism legislation. There again, we will have a report which will deal with issues relating to a part of the strategic policing requirement. Those who carry out such roles from time to time have been asked ad hoc to carry out reports which call to account those who have been involved in aspects of counterterrorism and related policing.

Her Majesty’s Inspectorate of Constabulary has a distinguished and respected record of impartiality. It has been able to secure changes in policing practice around the country by the kindly method of report, constructive criticism and engaging, sometimes, the support of those in both Houses of Parliament. It seems to me that there is nothing to be lost and potentially much to be gained from the transparency of a report by Her Majesty’s Inspectorate of Constabulary, particularly given the importance of the strategic policing requirement, which has been amply described during this short debate, particularly by the noble Lord, Lord Harris.

I take issue with the noble Lord on only one detail. He suggested that it might be difficult to write a report that would be published that engaged with matters of national security that are best left unsaid. I can tell the noble Lord that there are ways of doing this; it can be done. With the co-operation, which is always available, of the security services in particular, there are ways of writing reports that do not damage national security but deal fully with all the principles that need to be discussed.

I therefore believe that this is a constructive proposal and I hope to hear that the Minister will also allow this matter further consideration with a view to something being brought forward at Third Reading.

Police Reform and Social Responsibility Bill

Debate between Lord Carlile of Berriew and Lord Harris of Haringey

Tuesday 24th May 2011 Lords Chamber

[Lord Harris of Haringey]

Does the noble Lord accept that it is possible to construct a situation where you have a finance officer in the force and a finance officer in the authority, the commission, commissioner or whatever it is, with different roles, so you do not have duplication; but you have removed from the commissioner, authority or whatever the opportunity adequately to control the financial matters which, as the body to which the chief officer of police is accountable, it should control?

[Lord Carlile of Berriew]

I am always prepared to defer to the noble Lord, Lord Harris of Haringey, because he is a much greater expert than I am on how police forces are run. I see the potential for constructive tension, if it has to be tension, between two finance officers carrying out different roles. I see them as providing a check and balance on one another and their roles as being markedly different in any event. That is something we can learn from the current situation in which, as I said, the chief finance officer of a police force carries out a major managerial role and the accounting officer of the police authority a very different function.

Can the Minister confirm that the Government feel satisfied that we will not have a high degree of duplication and that the role of the finance officer in the force will be related to operational matters and that of the other finance officer to the rather different strategic matters? There, perhaps, we have the answer to the question of the noble Lord, Lord Harris, about Tasers. Tasers are the sort of thing which may well be strategic and one would expect to be discussed by the commissioner and those to whom he is accountable, whatever structure we end up with at the end of the Bill. The deployment of such Tasers as are purchased at any incident is plainly an operational matter, which must be left in the hands of the chief officer. That is an example of how different functions will deal with different aspects of police activity.

Police Reform and Social Responsibility Bill

Debate between Lord Carlile of Berriew and Lord Harris of Haringey

Wednesday 11th May 2011 Lords Chamber

[Lord Carlile of Berriew]

My Lords, having heard the Leader of the House speaking earlier, I can see no reason why we should not start to debate Clause 2 of the Bill and everything that follows. It is merely Clause 1 that causes the difficulties. I urge the Government Front Bench, whom, I repeat, I broadly support on this Bill, to consider whether we might move to Clause 2 and invite those who wish to move amendments to Clause 1 not to move them at this stage.

[Lord Harris of Haringey]

My Lords, the noble Lord, Lord Carlile, is trying to be helpful to the Committee. His analysis that it is difficult for us to debate anything in the Bill that relates to police and crime commissioners until a way forward has been determined is helpful. Clearly, Clause 2 does not contain anything at the moment about police and crime commissioners and there are a number of other clauses in the first part of the Bill, including Clauses 3 and 4, that do not relate to police and crime commissioners. So we could with due determination proceed with the Bill with those bits that are not affected by the decision that the Committee took earlier on.

However, there is one further difficulty and I would be grateful for the Leader of the House’s guidance on this point. We were told that the target for tonight was the group beginning Amendment 15. I suspect that a number of noble Lords worked on the basis that government targets on such matters are rarely achieved let alone surpassed. They might have wished to speak about amendments or issues subsequent to Amendment 15 but have left and would not be particularly happy if we were to proceed beyond that point without notice. Speaking for myself, I am always happy to talk on those matters that I have put down. However, it is unfair on those Members of the Committee who may have left on the assumption that the Government’s target—they are, as I said, rarely exceeded—was to reach the group beginning Amendment 15.

This process is enormously unhelpful, although I am sure that she can speak for herself, to the noble Baroness, Lady Hamwee. She has an amendment about transitional arrangements. There is a useful debate to be had about transitional arrangements—whether it should be for a year, which I think is the substance of her argument, or whether it should be for a shorter period and how it operates. But it is difficult to understand how we can debate a transitional arrangement when we do not know what transition we are making and from what state to what state. If, for example, a very simple matter were being proposed, a transitional arrangement of a year might seem excessive. However, if a more complicated change were proposed, a transitional arrangement of a year might seem appropriate.

We are in a difficult position and the Government Front Bench has put the noble Baroness in a very difficult position by encouraging her to move her amendment when we do not know what that transition will be. If, for example, the Committee were to decide that this is all getting silly and that we should stop, I would be sorry that the substance of debating transitional arrangements should then be lost. But I do not see how the Committee can debate transitional arrangements when we are not even in a position to judge what state we are in transition from and to what future state we are aiming.

The government Front Bench must help the House and find a way out of this terribly difficult impasse. I appreciate that they might have one or two slightly bigger consequences of today's vote on their minds, but we are in a difficult situation tonight. It would be better for us to have some proper time for reflection and for the Government to have time for reflection so that they can let us know how to proceed.