Counter-Terrorism and Sentencing Bill

Debate between Alex Cunningham and Conor McGinn

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 21st July 2020 Commons Chamber

[Alex Cunningham]

I am grateful to the Minister for his introductory remarks, particularly about how we can best work together as a Parliament, and I join him in paying tribute to the hon. Members across the House who shared personal experiences and testimonies—particularly the hon. Members for Hertford and Stortford (Julie Marson) and for Rutland and Melton (Alicia Kearns). If we had had to be convinced to support the Bill, perhaps those experiences—in particular the experience of the friend of the hon. Member for Hertford and Stortford—would have been sufficient to convince us.

The Minister’s ambition to have a sentencing regime in place for serious terrorism and terrorism-related offences has our support—no delay and no watering down—but he needs to ensure that the service is properly equipped and provides the services needed. I was therefore rather surprised—“stunned” is the word I wrote on my bit of paper—that the impact of introducing this new legislation will be less than £5 million for new prison places, an extended probation service and additional workers in the system. I cannot quite understand where that number comes from.

However, I am sure the Minister will be relieved to know that all I ask now is that he and his Home Office colleagues reflect on the challenges that we have made. I will withdraw new clause 1, but we will return to amendment 30 later. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 8

Lone terrorists: Review of strategy

“(1) The Secretary of State must commission a review and publish a report on the effectiveness of current strategies to deal with lone terrorists.

(2) A review under subsection (1) must be conducted by a person who meets the criteria for qualification for appointment to the Supreme Court, as set out in section 25 of the Constitutional Reform Act 2005.

(3) A review under subsection (1) must consider—

(a) counter-terrorism policy;

(b) sentencing policy as it applies to terrorist offenders;

(c) he interaction and effectiveness of public services with respect to incidents of lone terrorist attacks.

(4) For the purposes of subsection (3)(c), “public services” includes but is not limited to—

(a) probation;

(b) the prison system;

(c) mental health services;

(d) local authorities; and

(e) housing providers.

(5) The Secretary of State must lay a copy of the report before Parliament.

(6) A Minister of the Crown must, not later than 3 months after the report has been laid before Parliament, make a motion in the House of Commons in relation to the report.”—(Conor McGinn.)

This new clause ensures that the Government orders a judge-led review into the effectiveness of current strategies to deal with lone terrorists including, but not exclusively, current counterterrorism and sentencing policy.

Brought up, and read the First time.

[Conor McGinn (St Helens North) (Lab)]

I beg to move, That the clause be read a Second time.

Counter-Terrorism and Sentencing Bill (Eighth sitting)

Debate between Alex Cunningham and Conor McGinn

Committee stage & Committee Debate: 8th sitting: House of Commons
Tuesday 7th July 2020 Public Bill Committees

[Conor McGinn]

His colleague’s time, I note, but I think this is something we can work on together. My colleague, the shadow Home Secretary, has written to the Home Secretary on this matter, so while awaiting a response to that, which hopefully we will receive before Report, I will not push the new clause to a vote on this occasion.

We have approached all these amendments in the spirit of wanting to work together with the Government. As the Minister rightly says, while we are focusing here on how we can improve things, that should not for a minute be taken as an indication that we have anything other than incredible gratitude for the work that has been done to prevent what could have been many more catastrophic and devastating attacks. In that spirit, I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 9

Assessment of the mental health of individuals serving a sentence affected by this Act

“(1) Where an individual is serving a sentence affected by this Act, they must be subject to an annual assessment of their mental health for the duration of their sentence and their term on licence.

(2) Where an assessment under subsection (1) indicates—

(a) a mental health condition; or

(b) a deterioration in a mental health condition since the previous assessment

the Secretary of State must take measures to treat such a mental health condition.”

Brought up, and read the First time.

[Alex Cunningham]

I beg to move, That the clause be read a Second time.

New clause 9 would require a mental health assessment of an individual who has committed a terror offence to be carried out annually for the duration of their sentence and their term on licence. It would also require that where a mental health condition is found, or where there has been a deterioration of a mental health condition since the previous assessment, the Secretary of State must take measures to treat the mental health condition.

I am not a mental health professional and I do not claim to understand the psychology behind why somebody commits or plans to commit an act of terrorism, but it strikes me as eminently sensible to carry out regular mental health assessments of those who have committed an offence under the Bill, not because there is any correlation between having a mental health condition and committing acts of terrorism, but because mental health conditions can turn people into who they are not. By treating mental health conditions, we can provide support and reduce the chance of further criminal acts being carried out when a prisoner is released.

This is not just about preventing terrorism; it is about how we treat each other as people. It is common for people to wander down the wrong path. Of course, some paths are much more dangerous than others and it is right that people are appropriately sentenced for their crimes, but I can only imagine what it is like to be in prison for years on end. A few hours in my local Holme House Prison in Stockton is certainly enough for me. I cannot fathom what impact being in prison for a long sentence has on an individual’s mental health year after year, and time spent in prison without receiving treatment can make an existing mental health condition much worse. The individual released into society after their prison sentence has been served is left to struggle with their mental health condition. It is a recipe for disaster, but we can take simple precautions to address the problem.

Prisons and the Government have a duty of care for the physical and mental wellbeing of people in our prisons, and they should stay on top of any identified mental health conditions in order to best support offenders in their rehabilitation, so that they can make the most of deradicalisation programmes and rejoin society without any mental health illnesses blocking their way. That way, we can ensure that we have covered all the bases, that we are providing what should be basic necessities, such as mental health treatment, and that we are helping people on their way to becoming citizens who can contribute positively to society.

I recognise that mental health services in this country need much more resources, and they are often inadequate for people in the general population. That is another task for the Government: to establish high-quality mental health services for all. The new clause could take the pressure off community health services in the longer term by ensuring that people convicted of terrorist charges are as healthy as they can be when they return to society. I look forward to hearing what the Minister has to say.