Counter-Terrorism and Security Bill

Baroness Primarolo Excerpts

Tuesday 9th December 2014 Commons Chamber

[Diana Johnson (Kingston upon Hull North) (Lab)]

I beg to move amendment 4, on page 8, line 11, leave out subsection (3).

This would remove the 200-mile limit on the Home Secretary’s ability to relocate people.

[The Second Deputy Chairman of Ways and Means (Dame Dawn Primarolo)]

With this it will be convenient to discuss the following:

Clauses 12 and 13 stand part.

Amendment 7, in clause 14, page 9, line 33, at end insert—

‘6B Regulated Activity Measure

(1) The Secretary of State may impose on the individual restrictions on taking part in regulated activity relating to—

(a) vulnerable adults;

(b) children; or

(c) both.

(2) In this section “Regulated Activity” is as defined in Schedule 4 of the Safeguarding Vulnerable Adults Act 2006.’.

This amendment would allow the Secretary of State to prevent an individual on a TPIM working (including voluntary work) with children or vulnerable adults or both.

Clause 14 stand part.

Amendment 6, in clause 15, page 10, line 8, at end insert—

‘(3) Appointments required under subsection (1) may include appointments with persons involved in delivering programmes established under Part 5, Chapter 2 of the Counter-Terrorism and Security Act 2014.’.

This amendment would make clear that the Secretary of State can instruct an individual on a TPIM to attend de-radicalisation programmes.

Clauses 15 and 16 stand part.

[Diana Johnson]

Part 2 of the Bill relates to terrorism prevention and investigation measures. This grouping includes clauses 12 to 16 as well as Labour’s amendments, so I intend to use my contribution to address all the issues concerning TPIMs in part 2. The amendments are all probing, as we are broadly supportive of the changes the clauses introduce, especially the U-turn on relocation powers, which clause 12 reintroduces.

The Home Secretary introduced TPIMs in the first Session of this Parliament to replace Labour’s control orders. She claimed at the time that that was a fundamental rebalancing of security and liberty. In fact, there were only two major differences between control orders and TPIMs, or control orders-lite, as they have been called: the relocation power and the two-year limit. She also said that she had been forced to introduce TPIMs because too many control orders were being challenged in the courts. Although judicial oversight was of course a key element of the control orders regime, the courts had continued to find that control orders, including the power to relocate, were both necessary and proportionate in a number of cases, including all those that were later transferred to TPIMs.

I think that every Member of this House would agree that it is always better to prosecute individuals, wherever possible, for terrorist offences. No one wants TPIMs or control orders; we would all much rather see prosecutions for those involved in terrorism activity. However, in a very small number of cases evidence is inadmissible, for example because it would compromise security, and therefore prosecutions cannot be brought. That means we need an alternative measure to deal with the threat those individuals pose.