(1 day, 20 hours ago)
Lords ChamberA lot has been discussed this evening, and I will try to respond to the amendments as best I can. I welcome the fact that the noble Lord, Lord Walney, has moved his amendment. I had a chance to talk to him earlier online; he has arrived on time, and I am pleased he is here to move it. He has had support from across the House, including from the noble Lords, Lord Polak, Lord Pannick and, in part, Lord Davies, and my noble and learned friend Lord Goldsmith, and I thank him for his amendment. Other noble Lords and Baronesses have spoken in favour of the legislation, and I note the comments made by the noble Baronesses, Lady Deech and Lady Verma, and, in the context of this debate, the noble Lord, Lord Hogan-Howe. I will come to the separate amendment tabled by the noble Lord, Lord Goodman of Wycombe, in due course.
The nub of the argument is that Amendment 371A shows that there is an impact of sustained criminal activity, including serious incidents involving damage to property, intimidation and risks to public safety, and it should be dealt with as an interim measure between proscription and criminal damage legislation as a whole. I outlined to the noble Lord, Lord Walney, in a recent letter that the Public Order Act 1986 grants police powers to manage protests by imposing conditions, and looks at those it is necessary to place on protests, including location, route and date. I also pointed out to the noble Lords, Lord Walney and Lord Pannick, and my noble and learned friend Lord Goldsmith, whom I also met today, that the noble Lord, Lord Macdonald of River Glaven, is currently undertaking an independent review of public order and hate crime legislation, which will cover whether existing legislation is effective and proportionate. I am pleased that the noble Lord, Lord Marks of Henley-on-Thames, acknowledged that the review, which will report later in the spring, will discuss and give some potential framework to the existing legislation. Also, the Foreign Influence Registration Scheme, the action we have taken on Palestine Action under the 2000 Act, the work of Prevent and the protest legislation in the Bill are all measures that deal with similar issues to those the noble Lord, Lord Walney, has brought forward.
To come to the nub of the problem, which I hope noble Lords will accept, I understand that there are a range of views on the amendment, and I may find myself in a minority on this if it goes to a Division, which I hope it will not. When I look at the amendment itself, if there was such a tool as that proposed by the noble Lord, Lord Walney, below the threshold in the Terrorism Act 2000, it would not have stopped the Government proscribing Palestine Action under the 2000 Act. The assessment was made that Palestine Action passed the statutory test for proscription at that time. As noble Lords will be aware, although there is a Court of Appeal hearing on Palestine Action, the High Court agreed in its first consideration that Palestine Action had organised and undertaken actions amounting to terrorism. A case is pending that will be reviewed and the Government will have to respond to it in due course.
However, I would argue that, at present, we have the tools in existing public order and related legislation to tackle the type of criminality that the noble Lord, Lord Walney, mentioned. We are significantly upscaling our efforts on counterextremism as a whole. Groups that meet the Terrorism Act threshold, and individuals acting on their behalf or in support of them, will be dealt with under existing proscription powers. Where groups do not meet the threshold for proscription, we will continue to assess the activities of organisations against our legal frameworks and existing legislation. If there is evidence of purposeful actions that are potentially radicalising others into terrorism or violence, proportionate action will be taken. I have mentioned already things such as Prevent, the protest legislation and other measures. Again, the noble Lord, Lord Macdonald of River Glaven, will review those matters in due course.
To answer the point made by the noble Lord, Lord Pannick, and others, that the Government have brought forward legislation, we have commissioned the noble Lord, Lord Macdonald, to undertake a review, but the amendments we have brought forward are in response to urgent matters that we felt we needed to tackle. I have tabled those in relation to protest legislation to ensure that we manage difficult challenges by putting forward legislation on, for example, protests, marches and giving the police powers. I suggest to the noble Lords, Lord Walney and Lord Pannick, that it is something we should take our time to consider. The noble Lord, Lord Macdonald, is bringing forward his review shortly, in the spring. This amendment, whether in its original form or as amended by Amendment 371B put forward by the noble Lord, Lord Davies, effectively seeks to create a parallel regime to that in the Terrorism Act, which the Government believe is not necessary and risks unjustified interference with rights to free speech and freedom of association. The Government must be able to protect our citizens from the harm of extremism, violence and hatred but, in doing so, we must strike the right balance between protecting freedom of speech and tackling those who promote violence and hatred in our communities.
Amendment 441B, also tabled by the noble Lord, Lord Walney, concerns access to public funds for organisations promoting or supporting criminal conduct. Again, I say to him that the Government provide funding to a huge range of organisations through grant schemes administered by departments and arm’s-length bodies across government. Any grants of public funds are subject to Treasury guidance set out in Managing Public Money, which looks at risk, control and assurances that grant controllers are required to take into account. Is the legislative route required?
Today, and this goes to the heart of amendments from the noble Lord, Lord Goodman of Wycombe, we have published the social cohesion action plan. A number of comments have been made about the issues in the plan, including by the noble Baronesses, Lady Verma and Lady Deech, and the noble Lord, Lord Goodman of Wycombe. It was put on the website probably less than an hour ago and is many pages long. I simply ask that Members look at what is in it, its context and the things we are trying to challenge so that all communities, whatever their religion, can live their lives in freedom, and so that we have social cohesion in what is, and will remain, a multicultural society. The engagement principles will be updated so that public bodies do not confer legitimacy, funding or influence on extremist groups.
On Amendment 419, which would require the publication of a counterextremism strategy, the noble Lord said that he has raised it in Questions, in amendments in Committee and in Grand Committee in a special debate. We are looking at the issues he has raised; there will be further updates and reports on the matter, and I advise him to look at the social cohesion strategy—which, as I said, was produced within the past hour—in full.
Extremists often deliberately operate without meeting thresholds for criminal conduct and cannot be prosecuted for their actions. Despite this, this Government still have a responsibility to protect our citizens from the harm of extremism, violence and hatred. But in doing so, we still have to protect the balance between freedom of speech and tackling those who promote violence and hatred in our communities.
We have been very clear in our approach to counterterrorism and counterextremism. We have an overarching counterterrorism strategy, an approach that ensures counterextremism efforts are focused on the highest harm threats, in direct support of our core counterterrorism and wider security mission. The local social cohesion strategy, published by the Ministry of Housing, Communities and Local Government in the past hour following a Statement in the House of Commons—which I suspect will be repeated here shortly—is trying to marry those things together to provide social cohesion. I hope that answers the points from the noble Lord, Lord Young of Acton, on those issues.
Finally, with Prevent, Contest and the definitions of extremism we have examined, set out by the previous Government in 2024, we believe there are strong mechanisms to tackle extremism while ensuring we support all members of our society. The noble Baroness, Lady Deech, said that Jews do not count. I say to her, genuinely, that everybody in society counts; everybody has a right to protection; and everybody has a right to live their lives free from persecution, harassment, terrorist activity and extremism. I felt genuinely sorry when she said that phrase. We are trying to support all members of our community, particularly the Jewish community. If she looks at the measures in the Bill, she will see they have been driven by allowing people to express their religion and for them not to be harassed or put into a box by people on marches and protests on a regular basis. That is what we are trying to do.
I understand where the noble Lord, Lord Walney, is coming from, but I wish for him to withdraw and not to push his amendment. We have a framework in place to deal with criminal activity and those organisations that cross the terrorism threshold, and to ensure through the social cohesion strategy that all members of our community have the right to live a free life in the United Kingdom.
My Lords, this has been an excellent and thoughtful debate, and I have been touched by the kind words and expressions of support from nearly all sides of the House. I have listened carefully to what the Minister has said, and I hope he knows how much I respect the work that he and the Government do, but on this occasion I am not convinced by his central assertion that the framework exists and is working.
The Minister raised the issue of Palestine Action, as so many have done across the Chamber today. It is indeed looming large over this discussion. Whether or not you take the view that the Government were right in proscribing Palestine Action, the fact that it took five years of this organisation committing criminal damage in a sustained and organised way before it was deemed to have met the terrorism threshold—which is now obviously being challenged, and I hope the Government win on appeal—shows that there is a gap. This gap is not filled by the public order measures which are used to place conditions on marches, which the Minister has cited in response as to why the framework is working. That is a different thing.
I am really pleased—and it is really unusual—to get such a broad expression from, reductively, the Conservatives to the Liberal Democrat Benches on a difficult issue like this. It shows that it is proportionate. I quote in conclusion the words of the noble Lord, Lord Marks, back at him. He has—reluctantly, I would think—come to the view that he will abstain, but he made the point himself that not supporting this amendment leaves on the table a choice between the status quo of doing nothing, or full terrorism proscription. I really respect his view that he would like to see encouragement of proscribed terrorist organisations taken off. That is a complex question, but if I had opened that up in this amendment, the whole thing would probably have been subsumed.
Therefore, it is right that we push this particular narrow change to the legislation. The Government and the Minister’s concerns can be tightened up after this, when the Bill goes into ping-pong. Then, we can deal with the concerns of the noble Lord, Lord Marks, in the shortest order after that. With that all having been said, I would like to test the opinion of the House on this matter.
(1 month, 1 week ago)
Lords ChamberThe Environment Agency currently has a role in managing waste crime, but I think it is important that we put some focus on the fact that it has become increasingly clear, and this is a relatively new phenomenon, that serious organised crime is behind many of the large illegal waste dumps around the country at the moment. Our effort to improve performance will involve regional and national police forces, regional organised crime units, serious crime, nationally, and the National Crime Agency, over time, to look at how better we can tackle serious organised crime on a UK-wide basis, with support from the devolved Administrations in Scotland and Northern Ireland. Serious organised crime now manifests itself in illegal waste tips and could manifest itself in drug importation, weapons importation or a range of other things. The key thing is that we have some national co-ordination of regional crime units and national units to look at serious organised crime.
The reforms to public order policing in the White Paper are welcome, in particular the commitment to greater data sharing between forces to enable this. Can the Minister confirm that that will include a greater level of intelligence sharing, which was one of the gaps that I found in my review of this wider area that was presented in 2024?
I can give the noble Lord that assurance. One of the things we are trying to do is to improve the IT systems and bring them under central control. That means improving data sharing and it also means using new technology, such as AI, to improve analysis of data and to give a central lead to performance measures, to get better outcomes for the community at large.
(1 month, 3 weeks ago)
Lords ChamberThe noble Lord will know that, first and foremost, we are taking measures through the police and crime Bill to protect the homes of elected and public figures, even such as Members of the House of Lords, from that level of intimidation and protest. We will examine the allegations that have been made by Kate Hollern in relation to the activity in Blackburn. It is important that, for the sake of democracy as a whole, individuals are entitled to put forward their ideas free of intimidation and threat. There is existing legislation in place to tackle that. This matter has come to light just in the last week, so we will need to reflect upon it.
My Lords, there are indeed horrifying examples of abuse being directed at elected representatives. I was pleased last month to have been elected as co-chair of the All-party Parliamentary Group for Defending Democracy, and I urge everyone in this House, particularly the noble Baroness, to join and play an active role. Will the Minister pledge that he and his colleagues, particularly the Security Minister, will use the new APPG as a way of engaging with parliamentarians across the House on these vital issues?
(2 months ago)
Lords ChamberI always try to be helpful to the House. I was not directly party to the issue with the Home Secretary and the noble Lord, Lord Macdonald, about the time limit, so I cannot say with any certainty whether the Home Secretary said to the noble Lord, Lord Macdonald, to do it by April, or the noble Lord, Lord Macdonald, said that he will deliver it by April. If the noble Baroness wants me to write to her to make that point, I will do so.
The key thing at the heart of Amendment 371 tabled by the noble Lord, Lord Marks, is that it provides for the review to be undertaken within 12 months of the Bill receiving Royal Assent. I say to the noble Lord, Lord Marks, that the review we are doing currently will have been completed by April 2026.
Many of us in this Committee would be absolutely amazed if the noble Lord, Lord Macdonald, stuck to his timetable of being able to publish something next month. He does not need to take four years, as I did, but it is a ferociously tight timetable.
If you follow the logic of those arguing that people who were protesting in support of Palestine Action should not face legal charge, is it not the case that they would then have to say that support for any terrorist organisation, if it was so-called peaceful, should be allowed—so you should be able to peacefully give your support for Hamas or any violent organisation? If that is their argument they need to properly say it, because many people would have problems with that.
I agree with the noble Lord, Lord Walney, on that point. The right to free speech is extremely important, and there is no stopping the right to free speech about the issue of Palestine in any way, shape or form. If a determination is made under the Terrorism Act 2000 that an organisation has crossed that threshold, the Government have a duty to act on that, which is what we have done in this case. With due respect to the noble Lord, Lord Strasburger, I just did not want to allow the comments he made to colour the position on a protest around Palestine. He can protest around that, but he cannot support an organisation that still has some outstanding court cases and has undertaken some severe action to date.
(2 months ago)
Lords ChamberAgain, I say to the noble Baroness that the Government keep all organisations under review and make assessments accordingly. For example, as she will know, we took the difficult decision to proscribe Palestine Action. We keep all these matters under review. I cannot comment or give a running commentary on those issues from the Dispatch Box, and I know she would not expect me to do so, but I welcome her representations.
What the Minister says on proscription is of course understandable; it has long been the practice not to comment before it is done. But will he reassure the House that the Government recognise the threat that the Muslim Brotherhood and related organisations pose to this country, not least in the way in which they have long sought systematically to undermine our democratic institutions in favour of their overall goal of replacing democracy with a caliphate?
Again, I say to the noble Lord that a wide range of offences and powers can be used to counter the threat from extremism, including any attempts by the Muslim Brotherhood to take action that is against the interests of the United Kingdom. That includes powers to regulate charities and to look at broadcasting, education and immigration. It also includes other offences, such as the encouragement of terrorism and public order offences. We will continue to monitor that and, if required, the appropriate authorities—the police or the security services—will take action.
(6 months, 1 week ago)
Lords ChamberThe noble Lord will remember that, although the three organisations were put together, Palestine Action has committed three attacks that met the threshold set out in the very Act he mentions: at Thales in Glasgow in 2022, at Instro Precision in Kent and at Elbit Systems in Bristol—not to mention the recent situation at the airbase, on which I cannot go into detail because of ongoing legal proceedings. Palestine Action is encouraging terrorist action and working online to do so. There is a definitive difference in supporting a Palestinian state, which I happen to do, issues around the situation in Gaza, which raise real concerns for the Government and beyond, and criticism of Israel, which many Members of this House have made. These are all reasonable. What is not reasonable, under the orders of this Act, is to support the measures that Palestine Action has taken and is taking.
My Lords, if it was illegal noisily to call Israel’s actions a genocide then I suggest that many Members of this House and the other place would currently be serving time. It is not, as the Minister has said. He knows that I have supported the proscription of Palestine Action, but will he meet me to discuss my recommendation in the recent review that he is considering that much of this controversy could have been lessened if the Government and the police had had a mechanism to restrict the activities of this organisation, which was wilfully breaking the law and boasting about doing so, before it reached the terrorism threshold?
I will happily meet the noble Lord to discuss his report and recommendations. What Palestine Action is doing now has reached a threshold. Its actions before were criminal; they could have resulted in, and are resulting in, prosecutions, which may or may not result in convictions downstream. The assessment that we have had to make, based on evidence that we have been given, is that Palestine Action has crossed that threshold. He makes a valuable point about how we examine the development of organisations, but the key issue for this House is that there is a threshold in the 2000 Act, which he mentioned, and the neutral assessment is that Palestine Action has crossed it. Therefore, as a Government, we have to take cognisance of that. If we did not and it took actions that caused significant damage or harm to individuals and/or property, which is very possible, we would be culpable for allowing that to happen. I will certainly meet the noble Lord and reflect on his points in due course.
(7 months, 2 weeks ago)
Lords ChamberAs I have said to the House, both at the time of the proscription order going through this House but also now, peaceful protest around the issue of Palestine is entirely legitimate if people wish to make that protest. The question is what is defined under the proscription order. The proscription order ensured that action was taken because Palestine Action has perpetrated attacks in which it has forced entry on to premises armed with weapons and smashed up property, and members of the organisation have used serious violence against responding individuals. That judgment has been given to us by the security services as part of the proscription order.
A High Court judgment is being considered; the judicial review took place on 21 July and the judgment will be handed down on 30 July, but in the meantime the police have to enforce the proscription order—but they also have to ensure that peaceful protest is allowed. The decisions are taken by the police, and they will be accountable for them in due course.
My Lords, Palestine Action was proscribed after a five-year-long campaign of criminal sabotage and violence against working people. There is a deliberate and deceitful attempt to conflate the protests about what is happening in Gaza with support for a proscribed group. It is a curious conception of peaceful protest where people are clearly expressing support for a proscribed organisation.
Why has no one yet been charged, when many hundreds have been arrested? Do these decisions have to be approved by the Attorney-General? Is the Minister talking to the Metropolitan Police and asking for those files to come through to restore the deterrent effect, which is at risk of not working?
(10 months ago)
Lords ChamberI am grateful for the questions from the noble Baroness. I again confirm to the House that it is not at the moment in the interests of the Government, the security services or the police to give further information about the target of this potential plot. I cannot comment on the issues that the noble Baroness has mentioned about that case, but, rest assured, and I give a commitment firmly to the House that, when I am able to do so, I will do so. At this stage, I am not able to.
I hope I have covered the point about proscription in answer to other colleagues. I say again, for the benefit of doubt, that it is something that we keep under review. If and when any proscriptions of any nation or organisation happen, they will happen immediately and will not be trailed in the House, for reasons that we wish to maintain.
The foreign influence registration scheme—FIRS—that we brought in particularly relates to Iran and will operate from 1 July. On 4 March, we said that the whole of the Iranian state, including the intelligence services, the IRGC and other organisations, will be placed in the enhanced tier of the foreign influence registration scheme. I hope that sent a clear signal that we are concerned, as I know the noble Baroness is, about the activities of the Iranian state.
As I said to the noble Baroness on the Liberal Democrat Front Bench, we have judged that sanctions are a vital tool in deterring and disrupting threats. We have put in place sanctions, and the National Crime Agency will continue to look at pursuing sanctions and assets where criminal activity is taking place.
The noble Baroness mentioned immigration measures and visas. We are undertaking work to consider new ways of enforcing our robust Immigration Rules, with a focus on taking action against those who promote Iranian interference in the UK that targets and undermines the safety and interests of our country. The Home Office has already applied robustly the Immigration Rules to protect UK national security, and we will not hesitate to block and to stop completely applications from people whom we judge, through our security and intelligence agencies, to be a threat to our security. We have already, in a range of immigration cases, protected the country from state threats. We will not hesitate to do that further, and we keep that under review.
The noble Baroness often presses me to go further. I understand why. I can give her the answers that I have given her, and I will update her and the House on matters at an appropriate time.
My Lords, these arrests are of course only one aspect of the array of measures that the UK authorities need to take to protect British citizens from the malign impact of Iran. Does the Minister share my concern that the Charity Commission is being too slow in investigating the growing number of Iran-linked charities that have been brought to its attention? Can he work across government to do whatever it takes to support the commission, cajole it or, if necessary, threaten it with reform unless it moves faster against this real and credible threat?
I am grateful to the noble Lord and can reassure him that not just British citizens but any citizens in the UK who face threats from a regime such as Iran will have the protection of our security services. It is extremely important that we do that. The noble Lord has raised the issue of the Charity Commission before, and I share his concerns around Iranian-aligned centres in the UK and the malign influence that they have on our society and on individuals. The Charity Commission is undertaking inquiries into both the Islamic Centre of England and the Al-Tawheed Charitable Trust, and we in the Home Office are tracking closely the progress of those investigations. The Charity Commission has said that it takes this matter very seriously. I know that it is examining robustly evidence of wrongdoing and making referrals to other agencies where appropriate. Following the noble Lord’s intervention, I will again put down a marker with the Charity Commission and ask about further progress. But, essentially, I hope he accepts that the case is made, the commission is on the case, we share that concern and I hope we will get speedy resolutions.
(1 year ago)
Lords ChamberThe noble and learned Lord is tempting me to look at scenarios that may or may not occur. Any attempt by any foreign power to intimidate, harass and harm individuals or communities in the United Kingdom will not be tolerated. This Government will reflect on any actions like that, over and above the representations we have already made.
But is there not a tension between the robust words that the Minister rightly uses and that the Home Secretary delivered to the Chinese nation and, for example, the Government’s decision, on returning from Beijing, to relax planning restrictions on China’s intended new embassy, which presumably houses and certainly plays a role in much of the malign activity that the Government are complaining about?
The noble Lord will already know—but I will tell him anyway—that a final decision has yet to be made on the Chinese embassy. The Secretary of State for Local Government has an independent quasi-judicial role in making the final decision. The noble Lord will also know that the Foreign Secretary and the Home Secretary sent a joint letter to the Planning Inspectorate on 14 January, and the Home Office has considered the breadth of national security issues in relation to the planning application. I cannot determine that application, but I assure the noble Lord that the points he raised are being considered in that mechanism by government officials who have to make the decision.
(1 year ago)
Lords ChamberThe Statement said that we will strengthen the enforcement of our immigration laws and examine, on a case-by-case basis, the issues that the noble Baroness mentioned. For that very same reason, we need to examine who requires transport to the United Kingdom. We also need to look at people who we do not wish to enter the United Kingdom. That is why strengthening our immigration laws, irrespective of the other measures, is an important consideration.
The leadership being shown by the Government on this is highly welcome, but I noted the approving reference in the Statement to the investigations by the Charity Commission. Does the Minister share my concern that the Charity Commission, despite having a staff of 500 people and a budget of £32 million, has so far been unacceptably reactive and slow in looking at these issues? I think there are 130-odd live investigations—some of which are into Iranian-linked charities—that are not moving quickly, firmly or proactively enough.
I share the noble Lord’s concerns around Iranian-aligned centres in the United Kingdom and the malign influence Iran might be projecting through them. I hope I can assure the House that that is on the Government’s radar. We are examining them and will continue to assess the potential threats to the United Kingdom.
The Charity Commission is undertaking inquiries into both the Islamic Centre of England and the Al-Tawheed Charitable Trust. Ministers are closely tracking progress. My officials and others in the Home Office are now reviewing whether any Iranian interference is being conducted in the United Kingdom. Crucially, I hope that the specification in the Statement that Iran is in the enhanced tier of FIRS will, when it comes into place in summer, shine a considerable light on the Iranian state and the UK institutions and individuals involved in it. In my final comment, I remind the House that breach of the FIRS legislation for Iran, when it is introduced in summer, will result in a potential five-year prison sentence.
(1 year, 2 months ago)
Lords ChamberThe task force is looking at a whole range of issues, not just foreign interference and interference in elections; it is also looking at intimidation and actions at general elections and other elections. The National Security Act 2023, which had cross-party support in this House, provides the security services and law enforcement agencies with the tools they need to deter and detect the type of influences the noble Lord mentioned. The task force will look at that and, as with the counterterrorism and security review, bring forward proposals in due course to this House and to the House of Commons.
The task-force focus on candidate and election intimidation is welcome, and the Minister knows that I have made a number of recommendations in that regard. What thought have the Government given to how the task force will interact with the Speaker’s Conference—announced in the autumn and currently taking evidence—on that subject?
The Speaker’s Conference is a matter for the parliamentary authorities, and we will feed into that as a Government. The Defending Democracy Taskforce is very clear that we need to look at what we need to do to protect the integrity of UK elections and to stop intimidation. Therefore, in that context, I hope the noble Lord will welcome the fact that, in February, we will be particularly looking at the issues of harassment and intimidation and making recommendations accordingly that I hope can help feed into the Speaker’s Conference in due course.