Prevention and Suppression of Terrorism

Ben Wallace Excerpts

Tuesday 19th December 2017 Commons Chamber

[The Minister for Security (Mr Ben Wallace)]

I beg to move,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2017, which was laid before this House on 18 December, be approved.

The threat level in the United Kingdom, which is set by the joint terrorism analysis centre, remains at severe. This means that a terrorist attack on our country is highly likely and could occur without warning. We can never entirely eliminate the threat from terrorism, but we are determined to do all we can to minimise the threat to the United Kingdom and our interests abroad, as well as to disrupt those who would engage in it. Recognising that terrorism is a global threat that is best tackled in partnership, it is also important that we demonstrate our support for other members of the international community in their efforts to tackle terrorism wherever it occurs.

Proscription is an important part of the Government’s strategy to disrupt the activities of terrorist groups and those who provide support to them. The order would add four groups to the list of proscribed organisations by amending schedule 2 of the Terrorism Act 2000: al-Ashtar Brigades, including its aliases Saraya al-Ashtar, Wa’ad Allah Brigades, Islamic Allah Brigades, Imam al-Mahdi Brigades and al-Haydariyah Brigades; al-Mukhtar Brigades, including Saraya al-Mukhtar; Hasam, including Harakat Sawa’d Misr and Harakat Hasm; and Liwa al-Thawra. This is the 22nd proscription order under the 2000 Act.

The proscriptions send a strong message that terrorist activity is not tolerated wherever it happens. Under section 3 of the Act, the Home Secretary has the power to proscribe an organisation if she believes it is concerned in terrorism. If the statutory test is met, the Home Secretary may then exercise her discretion to proscribe the organisation. The Home Secretary takes into account a number of factors in considering whether to exercise that discretion. These include: the nature and scale of an organisation’s activities; and the need to support other members of the international community in tackling terrorism.

The effect of proscription is that a listed organisation is outlawed and unable to operate in the United Kingdom. It is a criminal offence for a person to belong to, invite or provide support for, or arrange a meeting in support of, a proscribed organisation. It is also an offence to wear clothing or carry articles in public, such as flags that arouse reasonable suspicion that an individual is a member or a supporter of a proscribed organisation.

Proscription sends a strong message to deter fundraising and recruitment for proscribed organisations. The assets of a proscribed organisation can become subject to seizure as terrorist assets. Proscription can also support other disruptions of terrorist activity, including for example the use of immigration powers such as exclusion from the UK where the individual is linked to a proscribed organisation and their presence in the United Kingdom would not be in the public interest. Given its wide-ranging impact, the Home Secretary only exercises her powers to proscribe after thoroughly reviewing the available evidence of an organisation. This includes information from both open sources and sensitive intelligence, as well as advice that reflects consultation across Government, including with the intelligence and law enforcement agencies. The cross-Government proscription review group supports the Home Secretary in this decision-making process. The Home Secretary’s decision to proscribe is taken only after great care and consideration of each case, but given the impact the power can have, it is appropriate that proscription must be approved by both Houses. Having carefully considered all the evidence, the Home Secretary believes that al-Ashtar Brigades, al-Mukhtar Brigades, Hasam and Liwa al-Thawra are currently concerned in terrorism.

Although I am unable to comment on specific intelligence, I can provide a summary of each group’s activities in turn. The first group the order proscribes is al-Ashtar Brigades and its aliases. It is a Bahrain-based Shi’a militant organisation established in 2013. Its aim is to overthrow the Bahraini al-Khalifa ruling family through violent militant operations. It lists the ruling al-Khalifa family, Bahraini security forces and Saudi Arabia as targets for attacks. The group has claimed responsibility for numerous attacks in Bahrain, including a jail break of 10 convicted terrorists that led to the death of a police officer in January 2017; an improvised explosive device attack in a bus station in Sitrah, which was claimed by the group under the name Wa’ad Allah Brigades in February; and an attack on a police vehicle near the village of al-Qadeem in July. More generally, the group has incited violent activity against the Bahraini Government, as well as the British, American and Saudi Arabian Governments on social media.

The second group the order proscribes is al-Mukhtar Brigades, also known as Saraya al-Mukhtar, a Bahrain-based Shi’a militant organisation established in 2013. It lists the al-Khalifa ruling family, Bahraini security forces and Saudi Arabia as targets for attacks. The group’s activities include the continued promotion and glorification of terrorism via social media throughout 2017.

The third group to be proscribed is Hasam and its aliases. Hasam is an extremist group targeting Egyptian security forces and the overthrow of the Egyptian Government. It announced its creation on 16 July 2016, following an attack conducted in Fayoum Governorate in Egypt. In September 2016, the group claimed responsibility for the attempted assassination of Assistant Prosecutor General Zakaria Abdel-Aziz and the attempted assassination of former Grand Mufti of Egypt Ali Gomaa a month earlier. The group has claimed responsibility for over 15 attacks between March and September this year in Cairo. It carried out small arms fire attacks in March, May and July, and bomb attacks in March, June and September, the latter exploding close to the Myanmar embassy in Cairo.

The final group to be proscribed is Liwa al-Thawra, another extremist opposition group using violent tactics against Egyptian security forces and aiming at the end of the Egyptian Government. It announced its creation on 21 August 2016, following an attack in Monofeya. The group has claimed responsibility for attacks, including bombings and assassinations, including the attack in Monofeya in Egypt, the assassination of Egyptian Brigadier General Adel Regali in October 2016, and in April 2017 the bombing of the Egyptian police training centre in Tanta, Egypt.

In addition to adding these groups, we propose to remove Hezb-e Islami Gulbuddin from the list of proscribed organisations. The HIG—for short—is an offshoot of the political Hezb-e Islami party and was formed in 1977 in response to the Soviet invasion of Afghanistan. You must forgive me, Madam Deputy Speaker, for my mix of Arabic and Lancashire—it does not make for the best dialect of Arabic or Pashtun, but we will get there. The HIG—I will go easy on people’s ears—is anti-western and seeks the creation of a fundamentalist Islamic state in Afghanistan. Since 2001, its main objective has been the removal of western forces and influence in Afghanistan as well as restoring Islamic law.

The HIG has been proscribed in the UK since October 2005. However, on 22 September 2016, the group agreed to a peace deal with Afghanistan’s Government. After careful consideration, the Home Secretary has concluded that there is not sufficient evidence to support a reasonable belief that the HIG continues to be concerned in terrorism as defined by section 3(5) of the Terrorism Act 2000. Under that section, the Home Secretary has the power to remove an organisation from the list of proscribed organisations if she believes that it no longer meets the statutory test for proscription. Accordingly the Home Secretary has brought forward this order. If the order is approved, HIG will be removed from the list of proscribed organisations, which means that being a member of HIG, or inviting or providing support for it, will cease to be a criminal offence on the day that the order comes into force.

[Mike Gapes (Ilford South) (Lab/Co-op)]

I broadly support the Minister’s proposals, but how can we be sure that adding organisations to the list in any way makes our authorities effective in combating them, given that in the last few months terrorist organisations have been parading openly with their flags—in Arabic—in the centre of London, and prosecutions have not occurred?

[Mr Wallace]

Proscription opens up a whole new level of offences for which people can be prosecuted. Proscribing an organisation allows asset-freezing and prosecution, but other offences can be linked to such activity. The hon. Gentleman is right to point out that it is often hard to prove membership—very few of these organisations have membership cards and joining ceremonies—but the order gives our law enforcement agencies more powers with which to prosecute a campaign against them.

The hon. Gentleman also mentioned flags, no doubt referring to Hezbollah and Hamas. Those organisations are not proscribed in their entirety. Their military wings are proscribed, but as Hezbollah forms part of the Government in Lebanon and Hamas plays an active role in its part of the region as a member of a Government, the proscription applies only to the military wing. In some cases the flags are identical, but that does not mean that if people participate in Hezbollah-supporting actions here that constitute terrorism or anything linked to it, our police and law enforcement agencies will not act. We have acted in respect of Hezbollah and Hamas in the past, either to disrupt activity or to bring prosecutions.

We do not condone any terrorist activity, and we always take a cautious approach to de-proscription. De-proscription of a particular group should not be interpreted as the UK Government’s condoning any previous activities of that group. We have always been clear about the fact that HIG was a terrorist organisation. Groups that do not meet the threshold for proscription must remain within the law, and are not free to spread hatred, fund terrorist activity or incite violence as they please. The police have comprehensive powers to take action against individuals who engage in such activity, under the criminal law. We are determined to detect and disrupt all terrorist threat, whether home-grown or international. Proscription is just one weapon in the considerable armoury that is at the disposal of the Government, the police and the security services to disrupt terrorist activity.

The Government continue to exercise the proscription power in a proportionate manner, in accordance with the law. We recognise that proscription potentially interferes with individuals’ rights, particularly those protected by article 10—freedom of expression—and article 11 —freedom of association—of the European convention on human rights, and should be exercised only when absolutely necessary. The order demonstrates that when proscription is no longer necessary, we are prepared to act to de-proscribe groups that are no longer “concerned in terrorism”.

I believe that it is right to add these four groups—al-Ashtar Brigades, al-Mukhtar Brigades, Hasam and Liwa al-Thawra Brigade—and their aliases to the list of the proscribed organisations in schedule 2 of the Act, and, equally, that it is proportionate to remove HIG from the list. Subject to the agreement of both Houses, the order will come into force on Friday 22 December.

--- Later in debate ---

[Mr Wallace]

With the leave of the House, I will reply to the points made by hon. and right hon. Members. I will, if I may, reflect on the tributes that have been made by my hon. Friends the Members for Stirling (Stephen Kerr) and for Broxbourne (Mr Walker) and by other Members of the House to the people who are working, as we speak, to keep us safe.

This morning, in Sheffield and in other parts of the north of England, there were a number of raids in which the police and security services disrupted what potentially was the 10th plot to cause us harm by some pretty determined terrorists, and they will keep going. The results of that raid will mean that investigators and detectives will have to work throughout Christmas and new year. In offices up and down the country, there will be people on duty—I am talking about the emergency services, the police, and intelligence officers. Even a Minister will be on duty at Christmas and new year as well. These people carry out their job unseen, often in some of the harshest conditions. They often have to deal with the aftermath for the rest of their lives, especially if they are first responders, ambulance personnel or police who are on the scene when an attack happens.

Over the past year, I have spent a lot of time in Manchester, meeting some quite remarkable people who were present when the bomb went off and throughout the process. They have never stopped trying to bring justice and comfort to the victims. At the same time, they have to live with the things they saw on that day. Those people not only demand but deserve our respect and support.

The Home Secretary and I strongly believe that al-Ashtar Brigades, al-Mukhtar Brigades, Hasam and Liwa al-Thawra should be added and that HIG should be removed from the list of proscribed organisations in schedule 2 of the Terrorism Act 2000.

In answer to some of the points raised by Members on the Opposition Front Bench, the request for de-proscription of HIG was on 19 September 2017. I cannot comment on who made that request, but there was an application and we responded to it.

I totally agree with the point made by the hon. Member for Torfaen (Nick Thomas-Symonds) about the comments made by the former reviewer of terrorism legislation. For the rule of law and this law itself to be valid, we have to show that we change when the evidence changes. People may be particularly distasteful but when they move into violence or terrorism, we must act. We must also be in a position to help our friends and allies around the world who are sometimes the victims of terrorist organisations, and ensure that their concerns are heard.

Hon. Members have mentioned Hezbollah, Hamas, the Muslim Brotherhood and other groups. Groups such as those are constantly under review to see whether they engage in terrorism. If they do—for example, if the non-military wing is viewed as not separate—we will review the situation, use the law and take the required steps. Proscription works: 51 people have been charged with membership of proscribed groups and 32 have been convicted. There are currently 71 proscribed international groups and 14 Northern Ireland groups. The law enforcement agencies often tell us how useful proscription is, and we will always listen to any changes they request. Indeed, we would also listen if they felt that the regime did not work. I am sure that Opposition Front Benchers would do exactly the same. Proscription is a tool for us to stay within the rule of law.

Over the past few weeks and months, we have heard a lot about dealing with terrorism. The big thing that we have heard on the difference between us and terrorists is that we believe in the rule of law with the oversight of this House. We make sure that we are better than them. Measures such as proscription are very important in forcing the Government, quite rightly, to mark out why they think something should be proscribed, and in holding those groups to account. But when the evidence changes, we change with it.

Hon. Members mentioned Brexit. As we have said and will continue to say, we seek tools similar to the European arrest warrant, which we find incredibly useful. It helps us and our law enforcement agencies. The Home Office and the Department for Exiting the European Union published a security paper that made many of those points clear.

The hon. Member for North Durham (Mr Jones) said that there are no new resources for the police. I am sorry to correct him, but today we announced £71 million more money for counter-terrorism policing. That is new money, on top of the £24 million increase we gave the police in response to the attacks and the £144 million armed uplift that we gave them post-Nice to ensure that our armed police are well-equipped to deal with threats.

[Mr Kevan Jones]

Yes, I recognise that—

[Mr Jones]

From a sedentary position on the Treasury Bench, the hon. Gentleman says that I was wrong, but I was not. In Durham and other places, the flat budget for police funding from central Government will have to be made up by local taxpayers. Taking into account the pay increase and inflation, that will amount to a real-terms cut.

[Mr Wallace]

I heard the hon. Gentleman during the statement earlier. The question I could ask about the police funding settlement is: will police have more to spend on policing in their force areas after the statement today by the Minister for Policing and the Fire Service? The answer is yes. We can argue about whether this is from the core grant plus the precept, but the reality is that the police will be spending more on policing in the next year than they were last year. That is a fact.

[Mr Jones]

Will the Minister give way?

[Mr Wallace]

I will, but this is about proscription.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I really want to ensure that we return to the subject of this debate.

[Mr Jones]

For counter-terrorism, the Minister is correct; there will be more money for counter-terrorism. But unless he can read the tea leaves and predict that every single policy authority will put the maximum on local precepts, he cannot give the undertaking on frontline policing that he has just given.

[Mr Wallace]

No Minister at this Dispatch Box can ever guarantee what a police force will do, because the police have independence in their forces. If the hon. Gentleman were on this side of the debate, he would not be able to give guarantees because he would know that police forces have operational independence. How much is spent is a matter for the police and crime commissioner and the police. That is why some forces have grown their reserves—some by over 100%. [Interruption.] Not Durham. I think it is the one force that probably has not. That is because the chief constable is from Lancashire; he is a proper chief constable—it takes one to teach people.

On the points raised by the hon. Member for Strangford (Jim Shannon) about online, which was mentioned by many other Members, the Government recognise the real challenges. That is why, a number of years ago, we set up the CT referral unit, which has seen 300,000 pieces of offensive or terrorist material taken down on request. It is a permanent unit that requests, and works with, communications service providers to take that material down.

However, of course we have said that we want the providers to do more. We want them to invest some of their very large profits in technologies to improve the speed of these things. We think they can do more, and that is why my right hon. Friends the Home Secretary and the Prime Minister, through the Global Internet Forum, are leading international efforts to deal with this issue.

One of the challenges, obviously, with online is that many of these people are based overseas, and as much as I would like to take immediate action in some areas, we simply do not have the power to do that in other countries. It is incredibly frustrating to the Government that, on National Action, which we proscribed almost this time last year, an internet company in the United States refuses to take down some of its propaganda and some of its material. I have not checked whether it has been taken down in the last few days, but that situation is incredibly frustrating, and we are working with the United States to apply more pressure in that space.

I have already answered the points around Hezbollah and Hamas. I would say to my hon. Friend the Member for Redditch (Rachel Maclean) that it is right that the point about what the services do is absolutely clear. That is why proscribing organisations gives the services extra power to their elbow to deal with them. It also means that people charged with terrorist offences—TACT offences—can and will often receive much more hefty sentences. That is why we are determined to continue at the moment to use this legislation.

I would like to put on record my thanks to the Labour party, the Scottish National party and the Democratic Unionist party for their support for this measure tonight. Proscription is not targeted at any particular faith or social group, but it is based on clear evidence that an organisation is concerned in terrorism. It is my and the Home Secretary’s firm opinion that, on the basis of the available evidence, all four groups in the order meet the statutory test for proscription and that it is appropriate in each case for the Home Secretary to exercise her discretion to proscribe these groups. The proscription of these groups demonstrates our condemnation of their activities. Proscribing them will also enable the police to carry out disruptive action against any supporters in the UK and to ensure that they cannot operate here.

It is also our firm opinion that, on the basis of the available evidence, HIG no longer meets the statutory test for proscription. However, as with all groups, we will continue to monitor its activity to make sure that it stays within the rule of the law and abides by the law. It is therefore appropriate in this case for the Home Secretary to remove HIG from the list of proscribed organisations in accordance with the de-proscription process set out.

Madam Deputy Speaker, may I wish you, and all Members of the House, a safe and secure Christmas? May I ask that Members remind their constituents to be vigilant over the festive period? Unfortunately, the threat has not gone away. However, I hope that, by being vigilant and by supporting our law enforcement agencies, our intelligence services and our other emergency services, all Members have a safe and happy Christmas. Therefore, I commend the order to the House.

Question put and agreed to.

Resolved,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2017, which was laid before this House on 18 December, be approved.