Terrorism Prevention and Investigation Measures Bill

Bob Stewart Excerpts

Monday 5th September 2011 Commons Chamber

[Shabana Mahmood]

The short answer is yes. We have retained the control order regime until the end of this year, which was a decision that the coalition Government took to give themselves a chance to bring forward their legislation. I do not think that an amendment that seeks to make that legislation better—or at least allay concerns that the public might have about the dangers that it poses—should somehow mean that we dump control orders and just have a gap. We could quite easily carry on with control orders until the new resources were ready to be deployed, which is exactly what the amendment envisages.

[Bob Stewart (Beckenham) (Con)]

I have been a watcher. It takes a heck of a long time to train someone to become proficient in watching an individual. I fully support what the hon. Lady is saying. We cannot just do this overnight; it is going to take a long time. I am really worried by what the Minister said about the Metropolitan police saying that they could do all this now, when Mr Osborne said that it would take a minimum of 12 months to establish.

[Shabana Mahmood]

In that case, I hope that the hon. Gentleman will support amendment 20. He has made my case for me.

[Bob Stewart]

May I do so while holding my nose?

[Shabana Mahmood]

I am grateful to the hon. Gentleman for giving me that indication. I am also grateful for his support. He was of course a fellow member of the Public Bill Committee.

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[Paul Goggins]

it is a pleasure to follow my right hon. Friend the Member for Leicester East (Keith Vaz), who always speaks with great wisdom and judgment on these issues, and who chairs the Home Affairs Committee.

I do not intend to detain the House long. We have already had a good debate on the amendments. The Minister quoted remarks that I made on Second Reading; he quoted them accurately, and I stand by them. I believe that the terrorist threat that we face is one that we are likely to face for a considerable time, that the emphasis should be on trying to reach a consensus on what we should do about it, and that, if we can reach such a consensus, we should make provisions and make them permanent.

I do not think for a minute that making provisions permanent means that everyone will forget about them; far from it. There would still be an opportunity for Government reviews if Ministers felt that that was appropriate. My right hon. Friend would still have his Select Committee inquiries, and he might well pick counter-terrorism as one of the issues to be discussed. I venture to suggest that no one would silence my hon. Friend the Member for Islington North (Jeremy Corbyn) if there were not an annual debate on the renewal of counter-terrorism provisions. All those things would still happen—and, as the hon. Member for Cambridge (Dr Huppert) pointed out, legislation could be repealed at any time. That option is always open to the Government. Therefore, in saying that I believe that such provisions should be made permanent, I do not believe that we should take our eye off the ball or stop considering and scrutinising those things, although I tend to agree with Lord Carlile that the sense that annual renewal is part of the scrutiny process is a “bit of a fiction”.

It is evident, however, that we do not have consensus on the Bill. In fact, I venture to suggest that the gap between us is larger now than when we started to consider the Bill. We have seen the issues that are at stake, so the differences between us are quite substantial.

I welcome the steps that the Minister has taken to bring forward the opportunity for review and renewal by each Parliament. I also welcome the amendment proposed my hon. Friend the Member for Birmingham, Ladywood (Shabana Mahmood) that calls for annual renewal. Even more important, I support her amendment 20, which would not allow any of the provisions to come into operation before the resources were clearly in place and the police and Security Service were signed up to that.

My amendment 8 is intended to be a practical amendment to give absolute clarity in relation to the implementation and commencement of the Bill. My concern throughout the passage of the Bill—on Second Reading, during the Committee stage, during the summer and still now—is that the Bill weakens protection. It is not as robust as what went before it. When we add that to the likely threat and risks that we will face next year, the year of the Olympics, which we celebrate and want to be a great success, we have a toxic mix that could put lives at risk.

Let us look at the facts. We know that 12 individuals are subject to control orders. We know from the Minister’s latest report to the House that three of those individuals already reside in the Metropolitan police area. We do not know where the other nine would call their home, but we suspect that a large number of them are from the London area, so that would be a huge move back to London by people who are very high risk individuals indeed, when terrorists who have been convicted of serious crimes are coming out of prison. I have had answers from Ministry of Justice Ministers showing that 45 convicted terrorists will have a release date in 2010-12, or at least that is the earliest release date. Add those potential 45 to the potential 12 and all their associates, and we have a substantial risk. To take that risk when we could delay the implementation of this Bill is a risk too far.

[Bob Stewart]

Surely anyone under a control order or under TPIMs is under surveillance. It would be very silly for someone under surveillance to do something related to terrorism because it might be found out. I would have thought that, once someone was under TPIMs or under control orders, their chances of being an active terrorist were hugely reduced. Does the right hon. Gentleman agree?

[Paul Goggins]

I commend the hon. Gentleman for his earlier comments on surveillance, the need to ensure that people are properly trained and the need not to pretend that we could introduce the level of skill that is required in a very short time. It takes time to train an individual. There is no perfect solution, because someone who is under surveillance can, if they are very skilled, slip that surveillance until such time as the people carrying out the surveillance catch up with them.

[Bob Stewart]

Some people have got away from control orders, and that is likely to happen again under TPIMs.

[Paul Goggins]

If the hon. Gentleman is referring to people who have absconded from their control order, I think he will remember from our discussions in Committee that that relates principally to the very early days of control orders. From recollection, there has not been an abscondence for four years, and that related largely to foreign nationals who were the subject of control orders. However, he made a powerful point earlier on the need to ensure that people are properly trained to carry out surveillance.

Given the toxic mix that I described, on 11 August I raised with the Prime Minister the possibility of delaying this Bill—certainly some elements of it in relation to relocation. He said that he would look “carefully and closely” at what I said. I have written to him since. I have not yet had a reply but I hope that I will soon. I will look carefully at his argument if he, as the Minister earlier suggested he would, sticks to the Government’s current position, because I think that that is a risk too far.

I am happy to pay tribute to the principled position that the hon. Member for Cambridge holds and sticks to doggedly. It is different from the principled position that I hold but, because he is consistent it allows us to have a good debate. He accused me of using amendment 8 as a last-ditch attempt to keep control orders going. I humbly put it to him that that is not the case. I believe that the risks associated with the early introduction of this weakened legislation, in a year of great risk, are too great. I join hon. Members on both sides of the House when I put public safety above all else.

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More than half the present suspects who are subject to a control order come from London, and if the legislation goes through we face the possibility that they could return to London before the Olympics. In my view, that is a totally unnecessary risk to take. It places layers of risk upon risk. What better circumstances could al-Qaeda want for a spectacular event than the Olympics, when the world’s eyes are upon us? Yet at the very same time, the Bill is proposing to deny the Home Secretary the power of a relocation clause that would ensure that some of those people would remain in other areas of the country—the midlands, Norwich, Leicester or wherever—and not congregate with their associates back in London, where they could resume their plotting and their attack capabilities.

[Bob Stewart]

I have asked this question of the Minister, but I have not yet had an answer. Would not enhanced TPIMs allow some form of internal exile or removal to another place? I ask because I am genuinely not sure, but if they would, we would at least have that provision in the legislation.

[Hazel Blears]

I acknowledge that the hon. Gentleman has asked that question but not received a response to it. I have the utmost respect for his experience in these matters. He is almost unique among us in having had experience on the ground of effective surveillance and the need to control terrorist suspects. In Committee, he thought very carefully about these issues, and he has already said tonight that he is concerned about the question of resources and that he might well consider supporting the Opposition’s amendment. I would welcome it enormously if, having thought carefully about the relocation question, he felt able to support us on that as well, given his practical experience and amazing depth of understanding of these issues.

I just want to say a word about why we have ended up in this ludicrous position. I say this with respect to the Minister. I respect him, and he does his job with incredible dedication and commitment, but in these circumstances he has ended up in a position that might well come back to haunt him. I think he knows that that position is untenable. Effectively, his decisions are flying in the face of the evidence of the police, of Lord Carlile and of a former Home Secretary, and they will leave him without the power to order relocation, should he need it.

This brings us back to the language that the Liberal Democrats have used time and again in the debate on these issues. They have talked about house arrest and internal exile. It is my belief that the counter-terrorism review, which the Minister has sought to rely on to justify all the steps that he has taken, is a political accommodation. Before the election, the Liberal Democrats—

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[Tom Brake]

It gives me great pleasure to rise to oppose the amendments tabled by the right hon. Member for Salford and Eccles (Hazel Blears), and first of all to deal with her oft-repeated allegation that getting rid of relocation is a sweetener for the Liberal Democrats. She quoted Lord Carlile, and clearly that is his view, but I should be interested to know what evidence he has to support his contention. Equally, the right hon. Lady might want to offset his view against that of Lord Macdonald. I think it incumbent on her to produce more evidence to support her allegation that a stitch-up or deal has been done on behalf of the Liberal Democrats. She was, of course, a member of the Bill Committee and she will have heard a number of Conservative Members speak out against powers of relocation, so I think she will know that it is incorrect to suggest that only Liberal Democrats are advancing this argument.

The right hon. Lady says that she feels strongly about the issue. So do I. I wonder whether she has had a chance to talk to some of the people who have been subject to control orders that have subsequently been quashed because it was found that there was no genuine or strong evidence against them. I wonder whether she has heard from those people about the impact of relocation on them as individuals, and on their families. I think that if she wants to be fully informed about all aspects of the matter, she should hear from people who have subsequently been found to be innocent.

As the right hon. Lady may know, I have heard from a reliable source that of the people who are currently held under control orders, probably two or three present a real and serious threat to United Kingdom security. I acknowledge that—clearly—a limited number of people do represent a serious threat, and I think that that is why the Government have rightly announced that the package of measures to get rid of relocation will include additional surveillance resources to ensure that security and safety are maintained.

[Bob Stewart]

If one or two people might create a threat, why are we tying the hands of the Home Secretary? The provision does not have to be used, but what worries me is that we might need it for just one or two people. Why should we decide that we cannot use such a facility?

[Tom Brake]

The reason I do not think we should use it is linked to what was said earlier about the term “internal exile”. I know that the right hon. Lady does not like the phrase “internal exile”, but in practice that is what we are talking about. She was asked whether she took inspiration from any democratic countries in adopting the policy of relocation and she said that she did not. I suspect that she may have found it hard to find inspiration in the extent to which other democratic countries allow such a policy, so she has been inspired herself to come forward with the proposal to reinstate relocation.

That gets to the heart of what the debate is about. It is about where the balance between civil liberties and security lies and where we can achieve enhanced civil liberties at the same time as maintaining security. That is where the additional surveillance that the Government are putting in place kicks in.

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[James Brokenshire]

My hon. Friend the Member for Bedford (Richard Fuller) made some powerful and important points in his succinct contribution.

As I think the right hon. Member for Salford and Eccles (Hazel Blears) accepted in her opening comments, we are revisiting a subject that we debated in detail in the Public Bill Committee, when amendments with the same effect were tabled by Opposition Members and the same arguments were made in support of them. As was made clear following the carefully considered counter-terrorism review, despite the aspersions that the right hon. Lady seeks to cast, the Government concluded that it should not routinely be possible under the TPIM system to require an individual to relocate, without consent, to another part of the UK.

The debate in Committee frequently turned to the question of balance—specifically, the balance between protection of individual liberty and security for the wider population. This is an area where there is a very careful balance to be struck, and where views on where the right balance is may differ. The previous Government took the view that compulsory relocation was necessary as one of a wide range of potential obligations under the control order provisions. Our conclusion, as we made clear in January, is that a more focused use of the restrictions available under the Bill, together with the significantly increased funding we are providing for covert investigation, will allow us to protect the public effectively without the need for this potentially very intrusive power to be routinely available. That is where our approach departs from the Opposition’s, and why we are seeking to strike a different balance from that marked out by them.

[Bob Stewart]

The Minister used the word “routinely”. Does he mean that this is something that does not normally happen, but could?

[James Brokenshire]

To be clear, when I say “routinely” I am talking about powers routinely available under the TPIM Bill, accepting that there is a draft Bill that we tabled last week, and the exceptional circumstances when those powers may be available, which we discussed earlier today. Of course, we will be able to use the robust powers in this Bill to disrupt an individual’s involvement in terrorism-related activity by, for example, requiring them to reside and stay overnight at a particular address in their locality, so that they can be easily monitored; requiring them to abide by other restrictions on their movements overnight; banning them from areas or places where they might meet extremist associates or conduct terrorism-related activities; prohibiting their association with individuals of concern and requiring prior notice of association with other individuals; requiring them to report regularly to a police station and to co-operate with electronic tagging; restricting and monitoring their financial activities; and limiting their communications to a small number of approved devices.

That is why I say clearly that the TPIM Bill provides robust measures to address the risks posed by such individuals, allied to the additional resources being provided to the police and the Security Service, and that that is the right package of measures to have in place. Indeed, as the House is aware, the director general of the Security Service has told the Home Secretary that he is content that the TPIM Bill provides an acceptable balance between the needs of national security and civil liberties, and that the overall package mitigates risk.

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[Bob Stewart]

There is little time, so I shall try to put my speech in bullet point form. I have no problem with TPIMs being called “control orders lite”. I believe we should think of evolution in security and I certainly think that we should look at experience.

I do not think terrorists will be able to get away with terrorist acts when they are under investigation. I used to watch them in Northern Ireland, but they could not do anything once we had them under proper surveillance. If they are really innocent, they can always fully co-operate with the Government and get off a TPIM, control order or whatever as soon as possible.

The threat comes from unknown people. We all know that, as all these attacks have come from people whom the security services have not been able to identify.

I had a big problem with relocation, but I was reassured by what the Minister said about enhanced TPIMs—that we could do something about the matter quite quickly. I do not think that we have by any means reached a definitive solution as yet. We are in an evolutionary process. No one likes control orders, TPIMs or anything like them, but we do not have any choice.

The threat will change over time and our reaction to it will have to change over time. We will revisit many times in future the problem of what to do with people who want to destroy our people.

Question put, That the Bill be now read the Third time.