Oral Answers to Questions

Rehman Chishti Excerpts

Thursday 20th June 2013 Commons Chamber

[Mr Browne]

I am grateful for the opportunity to put the Government’s side of the argument, because we have a strong story to tell. We have introduced stronger laws on stalking; we are in the process of criminalising forced marriage, in legislation that I am leading at the moment; we have the highest conviction rates for rape since recording began; and the Home Office is running a very successful campaign—“This is abuse”—aimed at addressing teenage sexual behaviour. The Government have a strong record and I hope that we can persuade more people of that when they write reports in the future.

[Rehman Chishti (Gillingham and Rainham) (Con)]

What specific steps are the Government taking to deal with the disgraceful acts of “honour-based” violence offences?

[Mr Browne]

My hon. Friend is right to draw the House’s attention to this appalling practice. I know that he uses that term because it is the one that is widely used to describe this, but I am always a bit guarded about using it because there is nothing at all honourable about treating women in that way. I am sure that that message will go out from every Member of this House, and I hope it will be heard increasingly right across the country.

Abu Qatada

Rehman Chishti Excerpts

Wednesday 24th April 2013 Commons Chamber

[Mrs May]

We will continue to argue on a point of law that we believe is arguable before the courts, notwithstanding the view taken by the Court of Appeal, but I cannot prejudge the decision that the Supreme Court will take. It is right that the Government continue to ask for leave to appeal directly to the Supreme Court so that, if the appeal is accepted, the case can be tested in the very highest court in the land.

[Rehman Chishti (Gillingham and Rainham) (Con)]

May I congratulate the Secretary of State on the way in which she has dealt with terrorists and suspected terrorists, because in the past three years, she has rescinded the British nationality of 16 individuals due to acts linked to terrorism that make it not conducive for them to be in this country, which is far more than any previous Secretary of State?

[Mrs May]

I note my hon. Friend’s comments. When we came into government, we were clear that we needed to ensure that we could act against extremists, including violent extremists, and we have been pursuing that in the way that he sets out, as well as though our policy of exclusions.

UK Border Agency

Rehman Chishti Excerpts

Tuesday 26th March 2013 Commons Chamber

[Mrs May]

I recognise the hon. Gentleman’s point about ensuring that the reorganisation does not lead to further problems in the short term. Like the longer-term changes to IT systems and processes, it is intended to try to deal with precisely some of the problems that he identified regarding the length of time taken to make decisions.

[Rehman Chishti (Gillingham and Rainham) (Con)]

Will the Secretary of State clarify whether the new system will quickly implement judicial decisions to deport foreign criminals back to their countries?

[Mrs May]

A number of problems are encountered when trying to deport foreign national prisoners back to their country of origin. The new enforcement command in the Home Office will be able to put greater focus and emphasis on the removal of those who no longer have a right to be here and the deportation of foreign national offenders who should be removed. There are other issues in such cases and those will be dealt with in the immigration Bill that I intend to bring forward.

Alcohol: Minimum Unit Price

Rehman Chishti Excerpts

Thursday 14th March 2013 Commons Chamber

[Mr Browne]

The hon. Lady makes a reasonable point. The Scottish Executive wish to introduce a minimum unit price of 50p and we were consulting on a price of 45p in this part of the United Kingdom. There is a legal challenge and we have to be mindful of the legal context if we choose to go down the path of introducing a minimum unit price.

[Rehman Chishti (Gillingham and Rainham) (Con)]

Will the results of the consultation be published so that people can see the strength of the arguments both for and against the proposal in different parts of the country? Did the shadow Home Secretary, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), or any other shadow Home Affairs Minister respond to the consultation, and if so what was their response?

[Mr Browne]

First, yes the results will be published. I have given some of the arguments an airing this morning and they will be provided in much greater detail. Secondly, I am afraid to say that despite the millions of pounds of Short money paid by taxpayers in my constituency and that of my hon. Friend to fund the activities of the Labour party, it seems to be lamentably short of the requisite standard of a proper Opposition.

Crime and Courts Bill [Lords]

Rehman Chishti Excerpts

Wednesday 13th March 2013 Commons Chamber

[Mr Burrowes]

The amendments are intended to enable the Government to conduct a proactive review, which should, indeed, involve looking at what happens on the opposite shore. We all want to tackle the profound consequences of death caused by drivers under the influence, and ensure that they receive the appropriate penalty.

[Rehman Chishti (Gillingham and Rainham) (Con)]

I, too, must make a declaration. I was a criminal barrister who both prosecuted and defended.

As my hon. Friend says, the maximum custodial sentence for a first offence of drinking and driving is six months. It is the same for a second, third and fourth offence. Does he agree that drink-drivers who pose a threat on our roads should receive longer sentences, and that their cases should be sent to the Crown court where there can be multiple convictions?

[Mr Burrowes]

I remember briefing my hon. Friend on many occasions. He was a great advocate in courts in Enfield and Haringey, and he continues that advocacy in the House. He has made an important point. There is a parallel between dealing with drink-driving cases and dealing with, for example, cases of criminal damage. Where there is a succession of criminal damage cases, later cases can receive a higher penalty and can be committed to the Crown court; indeed, there are categories of criminal damage that attract a higher penalty and the attention of the Crown court. The Government should look at whether that principle, which is already in statute, should be applied to drink-drive cases that have the most serious consequences.

We have already crossed the Rubicon in terms of culpability and consequences in death by careless driving and dangerous driving. We have recognised that there needs to be a particular way of dealing with penalties that is aligned to the consequences, rather than looking at culpability alone. My amendments seek to take that a stage further.

My hon. Friend the Member for Croydon Central (Gavin Barwell) would be here in the Chamber supporting me if he were not in a Committee. He has fought a valiant and successful campaign as a result of the tragic case of one of his constituents who died as a result of someone driving carelessly. The issue of impairment must be dealt with properly and that will now happen. He and I share the concern that the new offence of drug-driving needs to address the issue of fatalities, which was where the campaign that led to the new offence began. It would therefore be ironic if we were left with a Bill that does not deal with cases where dangerous driving cannot be proved independently but people who are plainly under the influence of drugs or drink have killed someone, and they can—perhaps through the hard work in years gone by of my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) and myself as defence solicitors and barristers—get to the point where there is a lesser plea of drink-drive with a six-month penalty.

Sadly, that has already happened. We have heard that 27 people were tried and nil were convicted on this charge. I am concerned that in those cases there was a plea bargain to the lesser charge of drink-drive.

The explanatory notes to the Bill make another important point. It is stated about schedule 18:

“Paragraph 2 amends section 3A of the 1988 Act so that if the person had a controlled drug in the blood or urine in excess of the specified limit for that drug, the person could be charged with the more serious offence in that section of causing death by careless driving when under the influence of drink or drugs.”

I was proud to serve on the Bill Committee, and I sought clarity from the Minister about this point, which had been raised in correspondence with the Department for Transport and the Ministry of Justice dating back to March 2012 and in the campaign I mentioned earlier that sought a higher penalty in cases where it was not possible to prove careless driving. Unfortunately, now, a year after that correspondence began, we are in the final throes of the passage of the Bill.

This point has been made not just by me; this was not just a hobby-horse of mine—it is not about me wanting to make a point and send out a press release. It was made by Chief Superintendent David Snelling, who was an excellent commander of the Met traffic division, and it also came to the fore as a result of the campaigning efforts of my constituents, the Galli-Atkinson family, who lost their daughter as a result of dangerous driving and who saw a gap involving fatalities in drink and drug cases that are not prosecuted as they should be, so we do not end up with the sentences that the dead victims and their families deserve. They make their point based on the practical reality of cases that actually arise, and that is also the basis of my amendments.

The gap is in hit-and-run cases where a driver who is over the limit on drink or drugs crashes into another car or a pedestrian and kills, and then leaves the scene. In situations where fatalities occur, such cases are not infrequent, as—it will not surprise Members to learn—many people who know they are over the limit will do their best to evade prosecution, so they will leave the scene. They get hunted down and arrested, and when they are found to be over the limit the prosecution begins and the investigation continues. A prosecution for a failure to stop carries a limited penalty that does not reflect the gravity of the situation, and I have previously sought amendments to extend the penalties in that regard.

The prosecutor is left with the option of prosecuting for death by careless driving, but the problem is that there is no witness. In these cases, often the only witness is dead; there is nobody left. The steps are then traced back and the scene is marked out. The marks on the road might allow people to come up with a prosecution that shows that careless driving took place, because there are signs of speed, swerving, braking and so on. But it may well be that none of that is available, as perhaps it was a wet day and very little could be shown. Little corroborative evidence may be available beyond the fact that the person has died because of that vehicle and that driver, and all we have left is the fact that the driver was over the limit.

Sadly, all the prosecutor can perhaps do is prosecute for driving with excess alcohol or driving over the prescribed limit for drugs, which carries a maximum sentence of six months. Clearly that is not acceptable, given the gravity of the situation. Over the years, Parliament has recognised that where a death occurs as a result of driving it needs to be dealt with, and quite properly so. So that sets out the gap I am seeking to fill through my proposals.

The issue is whether there can be independent proof of careless driving and whether that must be sought out. In Committee, I asked the Minister what he thought of the situation and asked him for clarification. I said:

“I want it to be made clear…that it will not be necessary for the prosecutor to independently prove careless driving as the standard of driving, and that the effect is that someone’s being over the prescribed limit for drugs or alcohol will be sufficient for the prosecutor to be able to make the decision to charge them with a serious offence.”

He replied:

“My understanding is that it will not be necessary. I hope that I have clarified the point.”––[Official Report, Crime and Courts Public Bill Committee, 7 February 2013; c. 394-95.]

I would settle for that and move on. Indeed, I would probably have a press release saying, “I welcome the fact that the Minister has recognised that drivers who are over the limit and kill will get a higher penalty, which amounts to a maximum 14 years.” I would rest easy that the campaign has been successful, the victim’s voice has been heard, and the chief superintendent and police on the ground have recognised that gap and say, ”That is good. That has been dealt with.”

However, I then received correspondence from the Under-Secretary of State for Transport, my hon. Friend the Member for Lewes (Norman Baker), in what we might term “Yes Minister” language, saying that there “may be confusion”. That is what has led me to table new clause 18 and amendment 120. It was clear in the Bill Committee that we would have confusion, so today the Minister has an opportunity to be brave and to fill the gaps that I have had a go at filling through a couple of options.

One option, new clause 18, would make drink-driving or driving over the prescribed drug limit an either-way offence—one capable of being committed to the Crown court and then attracting a maximum sentence of two years. The other option is amendment 120, whereby those on licence, disqualified drivers and uninsured drivers who kill in this way will face a heavy penalty of two years. That simply adds to the list in respect of drink-driving.

I have to put my lawyer’s hat on, because I appreciate that people may have concerns about new clause 18 opening up all drink-driving cases to a Crown court trial; I recognise the expense and the vagaries of jury trials, and that that is not wholly satisfactory in itself. I am perhaps being generous in how I am presenting new clause 18 and it perhaps needs to be refined. Perhaps it should be simply specified in relation to fatalities. My hon. Friend the Member for Gillingham and Rainham suggests making specific provision about repeat drink-driving offenders. There is certainly a role for making only those high-end cases liable for a committal to Crown court, in a similar way to what happens in the criminal damages cases I referred to earlier.

Another way around that would be to deal with magistrates’ maximum sentencing powers. Perhaps the Government will respond to the calls from the Magistrates Association to extend their powers to a maximum of two years. Youth courts have a two-year custodial sentence power, so perhaps we should have equity for adult courts. That would be much more cost-effective and would avoid cases all going to the Crown court and we lawyers being paid more up there—although we must appreciate the legal aid restrictions in that regard. The issue could then be dealt with in a magistrates court in a proportionate manner. That option is also open to the Government.

I recognise that there are reservations about amendment 120. As a lawyer, I am not keen on extending strict liability cases too readily and the amendment would certainly effectively extend a strict liability scenario to drink and drug-driving-related cases. Nevertheless, my amendment is clean cut. It does not extend the powers of the Crown court to all drink-driving cases but relates specifically to fatalities. It deals with the issues that have motivated my amendments and merely adds to the list of offences. Members of the public might ask what the difference is: if someone takes the risk of driving while uninsured, disqualified or without a licence, they are pretty careless to do that and should accept the consequences, and the same applies to those who are over the prescribed limits. My amendment would retain the statutory defence for drink-drive cases and would therefore have less of a strict liability nature.

The Government need to fill the gap. I am trying my best to do that and have provided two options. There might be more and I have no doubt that the Minister can tell us about any others. I look forward to seeing how the Government will do it as this is a real problem that should not be ignored. The fact that there were 220 deaths in a year but only 27 people were charged with causing death by dangerous driving while impaired in the same period makes the point very clearly. Large numbers of impaired drivers who kill are, for one reason or another, avoiding prosecution for the more serious offence and are probably ending up being charged with the lesser drink-drive offence.

In conclusion, I spoke to Ministers before tabling the amendments. I welcome the commitment from Transport Ministers that if I can provide evidence that proving carelessness is problematic, the Department will review the case for amending legislation. The statistics I have given are evidence and I put the burden of proof on the Government. I ask them to review the issue and seek to prove the point. We are very much in the end game on this Bill. Some might say we should have done that earlier to avoid getting into such a situation, but I urge the Government to recognise that we have a problem and to fix it. I look forward to hearing from the Minister.

Oral Answers to Questions

Rehman Chishti Excerpts

Thursday 14th February 2013 Commons Chamber

[Maria Miller]

The hon. Gentleman is absolutely right that every corner of this great nation pulled together and supported the Olympics in a fantastic way. The Minister of State, my right hon. Friend the Member for Faversham and Mid Kent (Hugh Robertson), has a committee that looks particularly at sport participation, and the Olympic and Paralympic Legacy Cabinet Committee, which I chair, is looking at how we can make sure that that participation continues to grow over time in every part of the country. There are also local organisations dealing with this in the hon. Gentleman’s part of the United Kingdom.

[Rehman Chishti (Gillingham and Rainham) (Con)]

2. What support her Department is giving to women’s sport.

[The Secretary of State for Culture, Media and Sport (Maria Miller)]

The London 2012 games put women’s sport on the map, and we are committed to maintaining that very important momentum.

[Rehman Chishti]

Will the Minister join me in welcoming the news that Gillingham Anchorians rugby club, which is keen on increasing women’s membership, recently received £50,000 of national lottery funding?

[Maria Miller]

My hon. Friend is a very keen sportsman, and I am not surprised that he raises the important role that women play in rugby. I applaud the work in his constituency to make sure that that is happening. He may be aware that as a result of the Olympics and the Paralympics over 600,000 more women have participated regularly in sport. We can see no finer example of the contribution of women in sport than the women’s six nations tournament, which is going on at the moment. I am sure that every Member in this House will be supporting their home team.

--- Later in debate ---

[Mr Browne]

We welcome the campaign and the opportunity for the House to debate these issues at greater length later today. Schools are, of course, free to teach about issues such as sexual consent within personal, social and health education or in other lessons, and children can benefit enormously from high-quality education that helps them to make safe and informed decisions and choices. The DFE has conducted a review of PSHE and will publish its outcomes later this year.

[Rehman Chishti (Gillingham and Rainham) (Con)]

Will the Minister clarify whether there is a cross-departmental, multi-agency strategy for tackling the horrific practice of honour violence? How effective is this strategy?

[Mr Browne]

My hon. Friend is quite right to draw attention to this abhorrent crime. He uses the commonly received expression, but I urge everybody to stop using it, as there is nothing honourable at all about this form of criminal activity. It is part of the overall approach that the Government are taking to try to combat violence against women and girls. He will know that the Government have ring-fenced nearly £40 million of stable funding up to 2015 for a range of tasks of this type, including for the area he has raised.

Oral Answers to Questions

Rehman Chishti Excerpts

Monday 11th February 2013 Commons Chamber

[Mr Speaker]

Order. The hon. Member for Islington South and Finsbury (Emily Thornberry) gesticulating the hon. Member for Shipley (Philip Davies) in the direction of the Opposition Benches is a triumph, surely, of optimism over reality.

[Rehman Chishti (Gillingham and Rainham) (Con)]

Medway council is being developed as a regional CCTV hub, helping prevent crime and saving other councils money. What is the Minister’s policy on encouraging the development of CCTV hubs?

[James Brokenshire]

I recognise my hon. Friend’s point and, equally, how it is possible to pool together resources and systems to make CCTV systems that much more effective. Those are precisely the sorts of approaches that we are seeking to advance through the code of practice, and I am sure that the surveillance camera commissioner will also examine my hon. Friend’s point.

Animal Experiments

Rehman Chishti Excerpts

Tuesday 5th February 2013 Westminster Hall

[Kerry McCarthy (Bristol East) (Lab)]

I congratulate the hon. Member for Crawley (Henry Smith) on securing this debate, and on outlining in such depth and detail the case against not animal experimentation per se, but the huge number of unnecessary experiments. He says that we need to get to a situation in which only absolutely essential tests continue. I would very much like one day to see a world in which there was no animal testing, but I accept that, at the moment, we should be lobbying and campaigning for a gradual incremental approach, highlighting the fact that there is so much duplication of unnecessary animal tests and that there are areas in which it is completely unethical to test products on animals.

Cosmetic testing is the one such area in which I think most people would support that kind of lobbying work. Indeed, public opinion polls show that the vast majority are against cosmetic testing on animals, which is one of those things that, if asked, people are very much against, but they struggle as consumers to put that into practice. People like me might spend ages looking at all the labels on everything—the Leaping Bunny logo is useful if people are trying to find a product that has not been tested on animals anywhere through the supply chain—but many others are misled by products such as Herbal Essences. People think that because something has “herbal” or “natural” in its name, all the ingredients must be derived from the plant world with no chemicals. They also extrapolate that those products are humane and not tested on animals, whereas we know that in most cases they are, or at least they are produced by companies that do a lot of animal testing.

It has taken 20 years to get to the stage where the cosmetic testing ban is about to come into force. In 1991, the British Union for the Abolition of Vivisection set up the European coalition of leading animal protection organisations with the aim of ending the use of animal testing for cosmetics. We now have the ban on the import and sale of animal-tested cosmetic products and ingredients, which comes into force on 11 March.

I am interested to know how that ban will be enforced—I believe that that is the responsibility of the Department for Business, Innovation and Skills. I recently asked a question of the Under-Secretary of State for Business, Innovation and Skills, the hon. Member for East Dunbartonshire (Jo Swinson) and was told that her Department is working with trading standards to develop guidance for local authority trading standards services on implementing the ban. My concern is that trading standards has many other things on its plate, that it is not well resourced and that it is affected by cuts, as are many other public sector bodies. Will the Minister tell us whether the guidance has already been published? Will there be consultation? What is the timetable for disseminating that guidance to local authority trading standards, and what training will there be on implementing the guidance? What enforcement action are local authority trading standards likely to take?

There needs to be more proactive testing of cosmetics during the import process, rather than waiting to try to catch people in shops and market stalls who are selling products that are still being tested. We ought to be able to stop those products from coming into the UK in the first place. The BUAV suggests that that could involve an inspector checking documentation to ensure that batches are compliant. Not only would that act as a deterrent to companies that might want to chance their arm, but it would uncover anything before it reached the market. When we consider the way in which the recent horsemeat situation came to light, everyone would agree that we should not find out after the event that something such as horsemeat has entered the food chain; we want to stop it coming into the country in the first place. Will the Minister examine the BUAV’s proposal to ensure that the ban is properly implemented?

The pledge to end testing household products on animals was set out in the coalition agreement in 2010. I remember in the run-up to the 2010 general election there was an event in Parliament at which speakers from the three main political parties pledged their support. Obviously, there is political will to do something, and the Government have said that no project licences will be granted for testing household products on animals.

When I recently tabled a parliamentary question asking for the definition of “household product,” the Minister for Policing and Criminal Justice answered:

“There is no authoritative definition of ‘household product’ in UK or European legislation.”

He said that new guidelines will apply to

“‘substances used in the household’”,

and that decisions will be made

“on a case by case basis.”—[Official Report, 22 January 2013; Vol. 557, c. 151W.]

Obviously, substances “used in the household” may cover a wide range of things, and I could imagine getting into a dispute about whether something will be covered by those rules.

As the hon. Member for Crawley said, there is no mention of any restriction on testing the ingredients of household products. As the Minister for Policing and Criminal Justice confirmed, Government figures for 2011 show that the number of tests on finished household products was zero. So implementing a ban on the testing of finished products will not achieve anything; it is the ingredients that are important. When the hon. Member for Hornsey and Wood Green (Lynne Featherstone), who was then a Minister in the Department, was asked about that in 2011, she said that when the ban is introduced, it will

“apply to both finished household products and their ingredients, although in practice mainly the latter are tested.”—[Official Report, 28 March 2011; Vol. 526, c. 80W.]

I would be grateful if the Minister elaborated on that. Does the ban apply to ingredients, as well as to finished products? If the ban applies only to finished products, how effective will it be? Or is the ban simply an empty gesture?

A new version of some household products seems to hit the market every few months. One moment we are told that a washing powder is the best ever and that it gets everything 100% white—it is marvellous, wonderful and cutting edge, and nothing could be better. Then, three months later, there is suddenly a new, improved version. That constant drive to get market share, to sell a new product and to present it as something different in some ways buys into the need to test more things that go into the product. Perhaps I am a bit old-fashioned, but we have plenty of household products that are capable of washing our clothes and cleaning our floors and windows. We do not need to introduce any new products or ingredients. We certainly do not need to do so at the expense of animals that have to have ingredients tested on them.

I hosted an event in Parliament on 16 January, which the hon. Member for Crawley attended. At that event, the Dr Hadwen Trust announced that it is funding the first professorial post in animal replacement science at Queen Mary, university of London. The post is an academic position, and another researcher will also be funded as part of the unit. They will be working solely on replacements for, and the reduction of, testing on animals. That means that the UK will be at the forefront of efforts to provide alternatives to animal testing. The new professor will be appointed in the next few months and will be based at the Blizard institute. The professor will particularly look at things such as developing in vitro models using human cells and tissue, and developing three-dimensional models in cutaneous gastroenterology and cancer research, which is a welcome move that provides credibility to the field of animal replacement.

People often think that the debate is just scientists against people who care about cuddly animals and have an emotional response, rather than people who are interested in the most effective scientific methods. At the launch, it was interesting that so many research scientists came up to me saying, “We don’t actually think that testing on animals is an effective way of doing it. We don’t think it gets the right results. Mice are genetically not the right animals to test something that we are developing to treat humans.” The professorial post creates credibility for the search for alternatives to testing on animals, which is important.

[Rehman Chishti (Gillingham and Rainham) (Con)]

I welcome what the hon. Lady is saying. She talked earlier about science and new technology. Does she welcome the fact that, last year, the National Centre for the Replacement, Refinement and Reduction of Animals in Research established 15 PhDs to consider alternatives to animal experiments? I think it is great to see both more scientists and more funding.

[Kerry McCarthy]

That is another welcome development. The National Centre for the Replacement, Refinement and Reduction of Animals in Research has done some good work, but more can be done. As we know, the number of animal experiments has gone up, partly because of medical developments, new forms of testing, and so on. I will judge the centre’s success by the reduction in the number of overall animal experiments, rather than success in one area and increased tests elsewhere.

Oral Answers to Questions

Rehman Chishti Excerpts

Monday 19th November 2012 Commons Chamber

[Mr Browne]

We are always open to strong evidence-based research on how to reduce the harm from drugs, but it is worth bringing to the House’s attention the fact that existing illegal drugs such as heroin and crack cocaine have seen a dramatic fall in their use, while there has been quite a big increase in legal drug consumption. It is not automatically the case that making something legal leads to a reduction in its consumption.

[Rehman Chishti (Gillingham and Rainham) (Con)]

Given that the number of legal highs detected in Europe has more than doubled since 2009, what action is the Government taking against those who are supplying these drugs?

[Mr Browne]

My hon. Friend is right to draw the House’s attention to this increasing problem, which has been raised with me at the constituency level as being a serious reason to be alarmed. We are obviously making sure that the law is adjusted to take account of the threat to society, but it is a difficult field because it is, of course, evolving very quickly. We need to make sure that we take the necessary measures to protect society. Just because a drug is legal, does not necessarily mean that it is not harmful, especially if taken in the wrong way, so members of the public need to be mindful that this is a potentially hazardous area.

Abu Qatada

Rehman Chishti Excerpts

Monday 12th November 2012 Commons Chamber

[Mrs May]

My hon. Friend is coming up with innovative ideas to resolve this problem. All I would say to him is that we are making sure that we explore any and every avenue open to us to ensure that we can deport Abu Qatada.

[Rehman Chishti (Gillingham and Rainham) (Con)]

Can the Home Secretary clarify that stringent bail conditions will be applied similar to those previously used when Abu Qatada was on bail, which meant that he was unable to commit further offences?