Counter-Terrorism and Security Bill

Lord Clarke of Nottingham Excerpts

Tuesday 9th December 2014 Commons Chamber

[James Brokenshire]

It is a question of the seriousness of the measures. We recognise, because of the changes we are making, that there should be a higher burden placed on the Secretary of State in determining whether one of these measures should be provided. That is why we have moved this up to the “balance of probabilities”. Let us not forget that under the previous control orders regime it was not at that level, but two notches down at “reasonable suspicion”. Under TPIMs, we brought it up to “reasonable belief” and, on the balance of the measures we now have, we judge that moving to the “balance of probabilities” is the right stance to take. I will come on to clause 13 later.

The changes are being introduced in the light of the changing threat picture: the ongoing conflict in Syria and Iraq; the fact that 500 subjects of interest have travelled to that region; the risk that they may pose on their return; and the risk of more people seeking to travel out. It is against that assessment that the threat level has been raised to severe, the second highest threat level, and that has had an impact on our assessment of the measures that need to be available to the police and the Security Service, and it is why we have brought forward the measures in this way.

The measures also follow the recommendations from David Anderson QC, the independent reviewer of terrorism legislation, in his most recent annual report on TPIMs. As he has said, however, there is no need to turn back the clock. Control orders were not working and were being struck down by the courts, whereas TPIMs have been consistently upheld and therefore provide a basis in law that is robust and has withstood the scrutiny of the courts. TPIMs have been endorsed by the courts, counter-terrorism reviewers, the police and the Security Service. This change enhances the powers available to manage TPIM subjects by moving them away from harmful associates and making it harder for them to engage in terrorism-related activity. That is why we judge, at this time against the threat picture we see, that it is appropriate to introduce these measures.

It is important, however, that appropriate limits are placed on the use of the powers, and the Bill seeks to do that. We are also acting on David Anderson’s other recommendation to increase the test for imposing a TPIM notice, so that the Secretary of State must be satisfied, on the balance of probabilities, that an individual is, or has been involved, in terrorism-related activity, as well as narrowing the definition of what that activity can entail.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

I intervene on my hon. Friend as someone who supported the original move from control orders to TPIMs and thought the Government had got the balance about right in the original proposals. I am just wondering what the particular reason is for reintroducing the location requirements. What has been revealed to be missing by getting rid of them? They were thought to be a great restriction on freedom. The shadow Minister appears to believe that two people absconded because there was no location requirement. I think it is possible to put on a burqa wherever one is living and that it is quite possible to get into a black cab if someone has let one keep one’s passport. If that is being used as a reason, it strikes me as an excuse for letting two people go.

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

Order. An intervention is meant to be short. It is not meant to be a speech. If the right hon. and learned Gentleman wanted to speak, he could have done so earlier. Please, let us shorten these interventions.

[Mr Clarke]

I apologise, Mr Hoyle. What exactly has happened to give rise to the need to bring back what I thought were fairly useless relocation orders?

[James Brokenshire]

In large measure, it has been the changing nature of the threat picture. My right hon. and learned Friend will know from his time in government that in the past two years we have seen a very altered threat picture and, as he will no doubt recognise, a rise in the threat level earlier this year. The Government need to consider, in a responsible fashion, that changed threat picture and the advice we received from the independent reviewer of terrorism legislation. The proposals in the Bill are formed with that insight clearly in mind and David Anderson’s specific recommendation on this point. It has been against all those factors that we have judged that the right thing to do is to introduce the measures in this way, subject to the safeguards I have spoken about in respect of the change in the burden of proof and the specific limitation on relocation being limited to 200 miles from the location of the individual. I will come on to speak on that in a more direct fashion, recognising the point the hon. Member for Kingston upon Hull North rightly raised in her amendment.