Counter-Terrorism and Border Security Bill

Caroline Johnson Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 11th September 2018 Commons Chamber

[Nick Thomas-Symonds]

I am grateful to the right hon. Gentleman for his intervention. I know the work that he did in this area. I have seen the Prevent duty in operation, both on visits as a shadow Minister and in my constituency, as it happens. I appreciate his point about whether a statutory review is justified. Clearly, we are talking about an aspect that could be taken into account in a statutory review, but wider issues to which I have already referred could also be taken into account. A statutory review would give us the opportunity to re-evaluate the programme fully, to look at those communities that have lost confidence in it and why, and to improve our ability to tackle counter-terrorism.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

I will speak about new clause 2 and the context in which it has been brought forward. The first responsibility of any Government is always to protect their citizens, and as the threats to our country evolve, so must our laws. In a speech on 17 October 2017, Andrew Parker, the director general of MI5, described the ongoing terrorist threat as

“multi-dimensional, evolving rapidly and operating at a scale and pace we’ve not seen before.”

The threat posed by terrorists and malicious actors is not going away—far from it. Last year, there was an increase of 58% in the number of arrests for terrorism-related offences. The threat is increasing and new clauses will be required to combat it.

Members have alluded to the fact that today is 11 September. No doubt we all remember where we were on this day in 2001 during the attack on the United States. I was on the wards in my first job as a hospital doctor. I was looking after an old lady who was watching television, and from behind her, I saw on the screen the aeroplane fly into the first tower.

We were all here last year when Westminster was attacked. People were tragically killed and PC Palmer gave his life protecting this House and protecting us. As we debate this topic today, we will be remembering those who were injured in those attacks and the good work and bravery of the police and the other emergency services who protect us. Every day when we come to work, the Annunciator reminds us that the threat level is “severe”. It has been severe continually for at least the past four years. This means that at any given time an attack is considered to be highly likely. As I said, it is our first duty to protect the citizens of the country. It is important, in a free and democratic country, that we do that in a way that is both proportionate and effective.

On declared areas, my understanding is that there is a significant precedent in Australia, where a specific law states that it is a criminal offence for people to go to an area. I understand that it has been used on three separate occasions in Australia, where, as is proposed here, the maximum sentence is 10 years imprisonment. That is understandable, given what the Security Minister has said, which is that 400 people who have returned to this country are believed to have been active in fighting abroad.

[Alex Chalk (Cheltenham) (Con)]

Does my hon. Friend agree that one of the problems facing police and prosecutors when people come back from overseas is that if they want to investigate them for preparing acts of terrorism, it is sometimes extremely difficult to get hold of evidence that may be in other parts of the world? This measure is an important way of filling that gap in the law, so that people can, when the evidence allows it, fairly be brought to account.

[Dr Johnson]

I thank my hon. Friend for his intervention. He puts what I was going to say much more eloquently than I could. He is exactly right. The Government need to have a way to manage the threat posed by these individuals, when they are not able to gather evidence from abroad, perhaps in a country that is a very dangerous place to be. How effective does the Minister feel the measures have been, where they have been introduced in Australia, in preventing people from going to those places and prosecuting them on their return?

The Bill also serves a vital role in updating and closing the gaps in counter-terrorism legislation in the online world. As has been described eloquently by other hon. Members, the way people use the internet has changed and continues to change. Material is more likely to be shared online than as hard copy. Material is often streamed, rather than necessarily downloaded. As the growth of the internet has provided us with unprecedented ways to stay connected and share information with each other, its potential has also been harnessed by those who wish to do us harm. This is seen every day in the huge amount of terrorist propaganda that is created and shared online. This is done at a rate much quicker than our ability, at present, to remove it. The updating of the offence of obtaining information likely to be useful to a terrorist to cover terrorist material that is viewed or streamed over the internet rather than downloaded is a reflection of how internet media are consumed today. In my view, this is an overdue update of our laws.

Furthermore, the Bill makes it clear that the existing offence of displaying in public an image that arouses reasonable suspicion that a person is a member or supporter of a proscribed organisation will now cover the display of images online. Again, that is important because if somebody on a protest march walks down a street carrying a flag or displaying an image, it will be seen by a limited number of people. Their ability to spread such images more widely and to influence more people is greatly enhanced by the ability to share them online. That is why this law is important.

--- Later in debate ---

[Luke Graham (Ochil and South Perthshire) (Con)]

My hon. Friend is explaining to the House how terrible the attack in Salisbury has been. Does she agree that it is actually a threat to the whole United Kingdom and that it is important that the provisions in the Bill are carried through not only so that action can be taken but so that information can be shared with security and police services right across the United Kingdom?

[Dr Johnson]

I agree that it is important in any part of police work that, where appropriate, information is shared throughout the country so that individuals who seek to do us harm can be stopped or caught if they have already committed an offence.

Being able to stop people at a border and question their intentions on coming to this country will be important in enabling the Government, the security services and the police to protect the citizens of the UK.

[Stephen McPartland (Stevenage) (Con)]

Does my hon. Friend agree that our constituents would expect us to be able to stop people at the border and question them in case they are a threat to this country?

[Dr Johnson]

I thank my hon. Friend for a great intervention. He is right that for many of our constituents, it will come as a surprise that we are not able to do this already.

[Huw Merriman (Bexhill and Battle) (Con)]

To continue on that theme, does my hon. Friend agree that the security elements of the White Paper on the future relationship will be essential in guarding our borders because they will ensure that we continue to work very closely with our European Union neighbours to tackle this as 28 countries, rather than just one?

[Dr Johnson]

I agree. Terrorism is a global threat. It affects us in this country, but, as we remember on 11 September, it has affected the United States, and it continues to affect countries throughout the world. It is absolutely right that we share information with trusted countries. We have the “Five Eyes” security grouping, and we also have the EU. It is important that we work with all our international friends to keep our country safe.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

It was said earlier from a sedentary position, “Well, that’s what the EU is for.” Does my hon. Friend agree that it is the whole international community? We are leaving the EU, but does that mean that this is any less serious a subject? As my hon. Friend has said, we will continue to work with the EU even after we leave.

[Dr Johnson]

I agree absolutely.

[Gavin Robinson]

rose—

[Dr Johnson]

I give way to the hon. Gentleman.

[Gavin Robinson]

I am happy for the hon. Lady to expand on her point before she gives way—I hope—again.

[Dr Johnson]

The hon. Gentleman looked so keen to get to his feet.

It is absolutely right that we tackle the threat to our country by co-operating with our international friends and neighbours, and those neighbours will of course include the EU. Furthermore, it will not matter that we have left the EU because it will be in our mutual interest to co-operate on security.

[Gavin Robinson]

I am grateful to the hon. Lady for continually giving way as it allows us to develop some of the points.

This power already exists. Our authorities have the ability to stop people at our borders and airports who are suspected—or not even suspected—of terrorist offences. We discussed on Second Reading—and I engaged with the Minister subsequently on this point—how Border Force often uses the power erroneously against British citizens travelling from Belfast to Birmingham, for example, or from Glasgow down to Birmingham or London, and so on. It is not appropriate. I hope in this debate to get a sense that there will be some restrictions on a power that is worth while and useful from a terrorist prevention perspective, but which is being used improperly and erroneously.

[Dr Johnson]

I thank the hon. Gentleman for his question, although it is one for the Minister, rather than me. I would certainly expect the authorities to use the power proportionately and where necessary to keep people safe, not to stop and question people at the border without reasonable grounds.

Several hon. Members have raised the reasonable excuse issue in respect of people returning to this country. People who have been to a declared area will have the reasonable excuse defence. So people will be able to travel to these areas for legitimate purposes—for example, for journalism or to visit family for a funeral or some such important bereavement event. It will also be allowed for people delivering aid, and obviously for the armed forces. The Government have worked to ensure that these declared areas provisions meet the important test of protecting our citizens and are both proportionate and effective.

[Joanna Cherry]

The hon. Lady is being very generous with taking interventions. She said a moment ago that leaving the EU would not matter in terms of our co-operation with the EU. Does she not understand that when we leave the EU we will be a third country and that third countries do not have the same access to information sharing as members of the EU? Indeed, it is why our “Five Eyes” allies like the UK being in the EU—they get access, through the UK, to information they would not otherwise have.

[Dr Johnson]

I disagree with the hon. and learned Lady. Each country has a duty to protect its citizens. She says the “Five Eyes” like access to the EU’s information, but is it not also reasonable to suppose that the EU likes access, through us, to information from the “Five Eyes”? I am sure that the Government would share information only with the consent of the countries that had given that information, when appropriate; it is as much in the interests of the EU to have access to our information as it is for us to have access to the EU’s information.

[Joanna Cherry]

Can the hon. Lady name any third country that has the same access to information trading within the EU as an EU member?

[Dr Johnson]

I am afraid that—[Interruption.]

[Mr Hayes]

It may be—I do not say this with any acrimony—that the hon. and learned Member for Edinburgh South West (Joanna Cherry) is letting her pro-European prejudices get the better of her understanding of security. The truth is that, as she will know, we draw on a variety of sources of information. It is true that we use the Schengen database, but only as part of the network of information that we gather across all kinds of borders and from all kinds of sources to help to inform our intelligence and security services. The likelihood of that changing as a result of our departure from the EU is being exaggerated by those who have a different agenda.

[Joanna Cherry]

Name a country that has the same access.

[Dr Johnson]

I thank my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes) for his intervention. I agree with him profoundly. I think it is scaremongering to suggest that for some reason the EU would not wish to share security information with us, and that we would somehow become less of a security partner or friend because we had left the EU.

[Huw Merriman]

There is not a country that has left the EU yet. We are that test case. The reality is that the EU27 will rely on us hugely when it comes to security, because we are such a great provider of that. Perhaps I could urge Opposition Members to be a little more ambitious and recognise that we have a lot to gain from this, instead of running up the white flag.

[Dr Johnson]

Again, I agree profoundly.

The Bill is the result of a thorough review carried out by not just the Government but the security services of how we can best protect our citizens. I believe that we can best protect them by ensuring that the Government, the police and the security services have to hand all the tools that they need to deal with the modern threats that are posed to this country.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

I echo the comments made by both the Minister and the hon. Member for Torfaen (Nick Thomas-Symonds) about the anniversary of 9/11 and the Westminster Bridge inquiry, and all who have been affected by those tragic events.

As we have heard from the hon. Member for Sleaford and North Hykeham (Dr Johnson), the first job of any Government, whether in London or in Edinburgh, is to keep their citizens safe. It is clear that we need to take action to update legislation in these difficult times of high-level terrorist threat combined with the constant march of technology and online communication. I fully appreciate the difficulty of keeping legislation current, answering the calls of the police and security services for further powers and maintaining the balance of freedom and civil liberties that we expect and enjoy. Of course, while we are supportive of the Government’s efforts, it is incumbent on any decent Opposition to offer amendments to improve the Bill and ensure that the Government get that balance right.

In Committee, we submitted many amendments that, sadly, the Minister was not wise enough to accept. However, he was wise enough to make some concessions to the Opposition. Amendment 2, for instance, would remove the requirement to view documents or records containing information likely to be useful to terrorists on three or more occasions—the three-click policy. We have some serious concerns about the impact that that may have on innocent individuals who have no interest in, intent to engage in, or wish to encourage terrorist acts. I am glad that the three-click policy has been removed, but I fear that it has simply become a one-click policy.

The previous policy was arbitrary and unworkable, given that the clicks could occur in an unspecified window of time, did not have to relate to the same content on each occasion and did not require any terrorist intent for the offence to be committed. As I did in Committee, I accept the Government’s point that more people now stream material online than download it to a computer or other device, and in that context it is vital that we continue to review our counter-terrorism approach.

The Government had argued in relation to clause 3 that the three-clicks requirement was intended to identify a pattern of behaviour; this amendment runs completely counter to that objective. As had been asked for in Committee, the Minister has included a reasonable excuse defence for this new one-click offence. I would like the Minister to address concerns raised by many, not least my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry), who say that it is possible that the wording will have the perverse impact of narrowing the reasonable excuse defence available to people charged with the offence, as the courts are likely to reason that, in legislating for a reasonable excuse without including lack of terrorist intent within that excuse, Parliament did not intend for lack of terrorist intent to be an available excuse for this offence. We have to ensure that the clause does not criminalise people who may view these documents with no nefarious intent, such as academics and journalists.