Counter-Terrorism and Security Bill

Debate between Lord Harris of Haringey and Lord Ashton of Hyde

Tuesday 20th January 2015 Lords Chamber

[Lord Harris of Haringey (Lab)]

My Lords, I, too, want to say a word about Amendment 7. I have some difficulty with the arguments being presented in favour of it. I accept that there is clearly a potential issue about humanitarian assistance in terms of other terrorist legislation, but Schedule 1 relates to, “Seizure of passports etc from persons suspected of involvement in terrorism”. The paragraph is referring to an individual at a port in Great Britain where a constable has reasonable grounds to suspect that person of being involved in terrorism. To amend in terms of humanitarian support seems completely unnecessary. Surely, it is palpably obvious to a constable making this decision that this is not someone engaged in terrorist activity if what they are doing is humanitarian activities.

If, however, an exception is put in, which says that you except people who might be engaged in humanitarian activities, a situation would be created in which people will purport to have been providing humanitarian assistance rather than anything else. It seems to me that, although there is a genuine debate to be had about humanitarian activities and the extent to which crossing into various areas might be deemed to apply, this is a circumstance in which a constable is exercising a judgment about whether the individual in front of him is engaged in terrorist activities. If they are palpably humanitarian, there is no suspicion. If, however, they are given the option of pretending to be humanitarian so as to avoid the constable having the right, it seems to me that an additional problem is being created.

[Lord Ashton of Hyde]

My Lords, I am grateful to my noble friends for tabling more probing amendments. The Minister and I will be well and truly probed by the end of the Committee stage.

We have had an interesting debate, with arguments expressed on both sides. The definition of “involvement in terrorism-related activity” used in Schedule 1 is the same throughout the Bill. It may be helpful to explain to the Committee that this definition has already been changed from that which exists in previous legislation in line with the recommendation of the Independent Reviewer of Terrorism Legislation that the definition of terrorism-related activity in the TPIMs Act should be narrowed.

The effect on the current Bill is that involvement in terrorism-related activity does not include conduct which gives support or assistance to individuals who are known or believed by the individual concerned to be involved in conduct which facilitates or gives encouragement to acts of terrorism, or which is intended to do so. David Anderson described these individuals as those who are at three stages removed from actually committing a terrorist act: the giving of support to someone who gives encouragement to someone who prepares an act of terrorism. This change in definition is consistent with the public protection to which the legislation is directed.

Amendments 6 and 7 would amend the definition of involvement in terrorism-related activity as it currently appears in the Bill. The provision to which Amendment 6 relates refers to,

“conduct that gives encouragement to the commission, preparation or instigation”,

of acts of terrorism, whether or not the conduct is intended to do so. The amendment would amend the definition to conduct that gives intentional or reckless encouragement. To answer my noble friend Lady Hamwee, we believe that reckless encouragement is included in the current definition and we believe that accidental or reckless encouragement should be captured when its consequence is to encourage the commission, preparation or instigation of acts of terrorism.

The provision to which Amendment 7 relates refers to,

“conduct that gives support or assistance to individuals who are known or believed by the person concerned to be involved in”,

the commission, preparation or instigation of acts of terrorism. It is clear that the support or assistance which falls within that definition is that which supports or assists individuals with acts of terror. We do not want to specify explicitly—this point was well made by the noble Lord, Lord Harris of Haringey—that those providing humanitarian assistance, however defined, are excluded from the definition of involvement in terrorism-related activity. For example, as the noble Lord mentioned, it is possible that a person acting in a humanitarian capacity can also give support or assistance that would enable others to engage in terrorism.

My noble friend Lady Hamwee asked whether we have consulted NGOs or charities on this, and the noble and learned Lord, Lord Hope, mentioned its possible chilling effect on charities. We have not specifically consulted, but such organisations are capable of referring to the consultation. We would encourage them to do so and to reply to it.

I want to reassure your Lordships that support or assistance is, in this legislation, quite clearly that which supports or assists individuals with acts of terror and not any other legitimate activity.

--- Later in debate ---

[Lord Harris of Haringey]

That is more helpful than the noble Lord might have thought when he received that note. To put it in context, if 600 or so—different numbers have been bandied about—individuals have gone out to take part in activities overseas, are we talking about specifically targeting that sort of number or about a rather broader sweep? That is what I am trying to get at.

[Lord Ashton of Hyde]

We would obviously like to stop as many as we can from going, but I am reluctant to give the numbers, or even a broad indication of them, today. I will go back and find out how much we would be prepared to discuss numbers or even ranges but I would not like to commit myself now, if that is all right.