Counter-Terrorism and Sentencing Bill

Baroness Jones of Moulsecoomb Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 21st September 2020 Lords Chamber

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, I am speaking on my telephone because of various IT failures; I apologise for that and hope it is clear. I welcome our two new Peers: the noble Lord, Lord Vaizey, and the right reverend Prelate the Bishop of Manchester. They both used humour in their speeches. I think they will find in future that other Peers listen harder if there is the potential for a laugh.

Many noble Lords with much more experience of counterterrorism have spoken today and I applaud those who were critical of the Government. However, for the average member of the public who might be listening, I will explain a little of what is happening in very simple language. The Prevent issue is a government omnishambles. For example, the legal deadline for the review, which was meant to be an independent review and for which many of us were waiting with bated breath, was missed. The deadline passed and no new deadline was set. This Bill now removes any deadline at all; it does not replace a deadline to produce the review. Given that the Government did not want an independent review in the first place, one can imagine that there is no sense of urgency.

Moreover, the independent reviewer they appointed was challenged. He stood down and a new reviewer has not been announced. In fact, the Home Office website has not been updated since April, so I am not sure what is going on there. It is all shambolic. These are self-inflicted delays, and a new statutory deadline should be in this Bill so that we all know when we can expect the independent review of Prevent.

The issue around TPIMs is rather nastier. Making it an indefinite procedure, with no change if there is a change in circumstances, is inhuman. Worse, the Bill changes the legal test for imposing a TPIM from “the balance of probabilities”, which is about 51%, to “reasonable grounds for suspecting”. This is an incredibly low threshold. Anyone would have great difficulty convincing a judge to stop issuing a TPIM if it is only at this level of value. It is very difficult for a judge to prove or see that something is obviously wrong; the balance of probabilities was a much fairer way of measuring the impact of somebody’s activities.

This Bill is a real shame, and I am delighted that there are so many noble Lords able to tear it into little pieces. I hope that the Government will listen to common sense.