Draft Competition Appeal Tribunal (Coronavirus) (Recording and Broadcasting) Order 2020
Chris Philp Excerpts(4 years, 4 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
I beg to move,
That the Committee has considered the draft Competition Appeal Tribunal (Coronavirus) (Recording and Broadcasting) Order 2020.
It is a pleasure to serve under your chairmanship, Ms Eagle, I think for the very first time—the first of many, I hope. The draft order grants the Competition Appeal Tribunal a temporary exception to section 41 of the Criminal Justice Act 1925 and section 9 of the Contempt of Court Act 1981, allowing it to broadcast its hearings to the public either by audio or video link. The exception will apply until March 2022—it is time-limited and subject, as always, to judicial discretion, should the judge have a reason not to allow broadcast.
As I am sure Committee members know, the Competition Appeal Tribunal, more commonly known as the CAT, is a specialist tribunal whose main function is to hear and decide appeals on decisions from the Competition and Markets Authority and some other regulators. As Members are aware, the covid pandemic means that courts and tribunals throughout the country must adhere to public health measures. However, in order to allow justice to be seen to be done, we legislated in the Coronavirus Act 2020 to allow tribunals to conduct hearings via electronic means. However, owing to the speed with which that Act was passed, and because the CAT sits outside the unified tribunal structure, there was an oversight by which the CAT—I apologise, Ms Eagle, I can see your disapproval— was inadvertently omitted from the broadcasting exemption. We are taking the opportunity now to correct that, so that the proceedings of that tribunal can be publicly broadcast until the expiry of the regular Act, which is, as I said, 25 March 2022.
The draft order is relatively uncontentious and simply rectifies an oversight that occurred in the haste with which the Coronavirus Act was prepared three or four months ago.
Chris Philp
I will briefly address those questions. On the issue about justice not being seen to be done, I entirely concur with the shadow Minister, and that is why we moved quickly to approve the draft order today. During the pandemic, four hearings have taken place under the circumstances he described. As he says, people who wished to view those proceedings could apply to the judge to do so, but that is not the best way of doing it. We would rather that proceedings were broadcast openly, which is what will now happen as a consequence of the draft order. The judge will of course oversee how that happens, to make sure that proceedings take place in the right way and that the relevant participants can participate fully. That answers the first question posed by the hon. Gentleman.
We will of course be in close contact with the judiciary to receive feedback from them as they observe how proceedings unfold. However, the use of broadcast in the unified tribunal system and, indeed, of remote hearings more generally, has been a great success in the last few weeks and months. Every day, about 4,000 hearings take place by audio and video across the entire justice system, which is getting on for 10 times higher than the number that were heard before. In fact, that equates to about half of all hearings that happened in person previously, so there has been an enormous move towards audio and video participation. The draft order refers to broadcast, which is different, but I just make that point since the shadow Minister raised it himself.
On the shadow Minister’s final question on the backlog, as he will gather from the fact that only four such hearings have taken place in the last three months, this is a very low-volume tribunal. Not that many decisions are made by the Competition and Markets Authority, so the CAT does not have issues with high caseloads that some parts of the system experience. However, we will of course monitor performance carefully.
More generally, the shadow Minister will have read the courts recovery plan, which was published recently and which aims to get the entire court system—not only tribunals—up and running as quickly as possible, reopening all physical locations by the end of this month and opening 10 brand-new locations as well and exploring the possibility of extended opening hours. I am sure that we share the objective of making sure that justice is done not only openly but rapidly.
Question put and agreed to.
Draft Port Examination Codes of Practice and National Security Determinations Guidance Regulations 2020
Chris Philp Excerpts(4 years, 4 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
I beg to move,
That the Committee has considered the draft Port Examination Codes of Practice and National Security Determinations Guidance Regulations 2020.
As always, it is a pleasure to serve under your chairmanship, Mr Pritchard. Approval of this statutory instrument is required before changes to the counter-terrorism port examination and biometric retention powers made by the Counter-Terrorism and Border Security Act 2019 can come into effect, as well as new counter-hostile state activity port examination powers under the same Act. These regulations will bring into force a revised code of practice regarding functions carried out under schedules 7 and 8 to the Terrorism Act 2000, a code of practice regarding those functions under schedule 3 to the 2019 Act and revised guidance issued under the Protection of Freedoms Act 2012 and concerning the retention of biometric data for national security purposes.
Counter-terrorism officers who currently use schedule 7 port examination powers must do so in accordance with the relevant code of practice. Although the code largely reflects the primary legislation, it also includes further procedural guidelines for those exercising the powers and additional safeguards for those who are subject to them.
Amendments to the powers through the 2019 Act necessitated consequential changes to the code, which we are now making. This reflects new provisions to pause the detention clock where a detained person requires medical treatment during the examination, to prohibit oral answers given by an examinee in response to questioning under compulsion being used as evidence in a criminal trial and to require an examinee in detention to choose a different solicitor where there are concerns with their chosen solicitor.
A similar code was produced for the schedule 3 powers, but with two key differences: first, to reflect that schedule 3 is targeted towards detecting those engaged in hostile activity—potentially hostile state activity—as opposed to terrorism; and, secondly, to provide additional detail relating to the new property seizure and retention powers exclusive to schedule 3 that require an examining officer to seek the authorisation of the Investigatory Powers Commissioner to retain and use a person’s property or copies of that property.
Both these new codes were subject to public consultation last year. In response to the feedback that we received, we have strengthened safeguards for confidential material, making it clear that such material should not be accessed by frontline officers without prior judicial authorisation. We have extended these safeguards to cover material that may disclose a source of journalistic information. We have also provided further clarity on the practical operation of new schedule 3 retention powers.
In addition, the regulations bring into force updated guidance, issued under the 2012 Act, on the making or renewing of national security determinations. NSDs allow the biometrics—fingerprints and DNA profiles—of unconvicted individuals of national security interest to be retained after initial statutory retention periods have expired. That is obviously to strengthen our ability to fight terrorism and other threats. The changes include increasing the maximum length of an NSD from two to five years, which operational experience shows is important. NSDs are an important national security capability. Biometric material retained using NSDs is known in the last year to have led to the identification of individuals thought to have travelled to take part in the conflict in Syria and Iraq, has provided evidence of potential terrorism offences and has been matched to potential visa and asylum applications, resulting in the subject individuals being refused entry to the United Kingdom.
In revising the biometrics guidance, we have undertaken significant consultation with key stakeholders, including the police, the devolved Administrations, the Lord Advocate and the independent Biometrics Commissioner. I urge the Committee to consider the draft codes and the revised guidance favourably, and I therefore commend these regulations to the Committee.
Chris Philp
Let me briefly reply to some of the points that the shadow Minister made. I echo his comments about what a pleasure it is to appear opposite each other once again—this is becoming quite a double act, and one that I hope will continue for many months and years to come. I promise that I did not organise the honking of horns on the river that occurred, very rudely, during his speech a few moments ago.
On the ongoing review of how these provisions operate, the Minister for Security and the Investigatory Powers Commissioner will be taking a close, ongoing interest in how they operate, to ensure they are operating as intended. If the threat changes or an evaluation is made that further changes need to be made to the codes of practice that we are debating, I am sure that the Investigatory Powers Commissioner will suggest them or the Minister for Security will move them forward if he or she considers them to be necessary.
On the processes for storage, I do not want to go into the technical or operational details, but suffice it to say that there is a high level of assurance that the systems being used to retain this information are extremely secure. We are conscious that the material concerned is personal and confidential to the person to whom it relates, and that it is often of some national security importance.
In relation to the shadow Minister’s question about the time of retention, we will expect officers who exercise these powers to do so proportionately. If the threat is such that the full period of time is not required, we would expect them not to use it. If, as the shadow Minister said, the nature of the threat changes, we would expect that to be reflected in any ongoing retention decisions. Those are clearly day-to-day operational decisions, and we have to rely on the officers on the ground to make those decisions within the confines of the law and the confines of the codes of practice that we are debating. On that basis, I commend the regulations to the Committee.
Question put and agreed to.
Counter-Terrorism and Sentencing Bill (Seventh sitting)
Chris Philp ExcerptsTuesday 7th July 2020
(4 years, 4 months ago)
Public Bill CommitteesRead Full debate Counter-Terrorism and Sentencing Bill 2019-21 View all Counter-Terrorism and Sentencing Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 7 July 2020 - (7 Jul 2020)
Joanna Cherry (Edinburgh South West) (SNP)
It is a pleasure to serve under your chairmanship, Mr Robertson, and to follow the hon. Member for St Helens North. Before I speak to the specifics of amendment 58, which I do not intend to press to a vote—it is very much a probing amendment—I will reiterate the position of the Scottish National party on the Bill.
We recognise that it is the duty of any Government to keep their citizens safe and secure, and all who serve in Parliament have an obligation to assist in that endeavour. We have already given the Government our assurance that we will attempt to be as constructive as possible, to ensure that the challenge of terrorism is met and that we keep people in all communities across these islands as safe as is reasonably possible. However, we are also mindful of our duties as parliamentarians to uphold the highest standards of human rights protections.
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
I thank the hon. and learned Lady for her constructive tone. Before she gets into the detail, will she tell us whether the Government in Holyrood will grant a legislative consent motion for the Bill?
Joanna Cherry
As the Minister knows, discussions about that are ongoing. He may take it that the constructive approach that I am indicating on behalf of the Scottish National party applies across the board, including the party in government in Scotland. He is aware from our discussions that there are certain concerns the impact of aspects of the Bill on devolved matters. They were addressed last week by my hon. Friend the Member for East Lothian in respect of the order for life-long restriction and the question of polygraph testing. We wish to be constructive on those matters, and that will be the approach of my colleagues at Holyrood.
Today I am focusing on TPIMs, which are a reserved matter. It is fair to say that my colleagues in Holyrood and Humza Yousaf, Scotland’s Justice Minister, have expressed some of the concerns that I am about to elaborate on. Like the hon. Member for St Helens North, my essential concern is that we have not yet seen the case for change—the case for lowering the standard of proof. We do not believe the Government have made that case, and in so saying we are in good company.
Our amendment 58, like the official Opposition’s amendment 69, seeks to raise the standard of proof, albeit it using a slightly different formulation. It is a probing amendment, but in truth, we believe that the standard of proof should stay as it is, because we do not think a case has been made out to change it. We also believe that that is where the balance of the expert evidence that this Committee has heard lies.
It is important to remember that, as has been alluded to, the changes in the Bill align the TPIMs regime more closely with its predecessor, the control orders regime. It is also important to remember that the concerns about control orders were widely shared across the House by Members from all parties. Those concerns are legitimate, because TPIMs restrict some of our most fundamental freedoms, such as freedom of expression, freedom of association, and freedom to have a private and family life. All these fundamental freedoms are restricted when somebody is sent to prison and convicted, but with a TPIM the person involved does not need to have been convicted of any crime for those freedoms to be restricted.
A TPIM is really just a step away from imprisonment, and depending on the package of restrictions, it can amount to a deprivation of liberty for the purposes of article 5 of the European convention on human rights, which for the time being at least is still a part of our domestic law. As none of the exceptions to the right to liberty in article 5 is applicable to the TPIMs regime, if the package of restrictions around a TPIMs regime amount to a deprivation of liberty, article 5 of the ECHR is breached. It is vital, therefore, that the TPIMs regime remains subject to the strictest of safeguards.
The current safeguard whereby a TPIM can only be imposed on the balance of probabilities is something that the Government are seeking to reduce considerably. We are concerned that the low threshold is disproportionate, and we do not think the Government have made out the case for lowering the threshold. It may well be that lowering the threshold would ease the administrative burden on the Government in terms of the evidence that is required for an application for a TPIM to be granted, but easing administrative burdens is not a sufficient reason to lower the standard of proof so drastically.
As I said, I will not push amendment 58 to a vote today, but if the Government continue to fail to deliver any compelling justification for their action, I anticipate that when the Bill returns to the Floor of the House, similar amendments will be tabled and there may even be a vote on whether this change should be made. The concerns that I am expressing are widely held. The hon. Member for St Helens North has told us that they are shared by the official Opposition and by the respected bodies that he listed. I know that some Conservative Back Benchers also share these concerns. Indeed, the Joint Committee on Human Rights, of which I am a member, is anxious, regarding this change as a lowering of the safeguards in relation to TPIMs. I am indebted to that Joint Committee for assisting me in my understanding of these issues.
Perhaps the most significant evidence this Committee has heard was from the current Independent Reviewer of Terrorism Legislation, Jonathan Hall QC. He has said that
“there is reason to doubt whether there exists an operational case for changing the TPIM regime at this point in time.”
I would submit that, notwithstanding the intervention on the hon. Member for St Helens North, we have heard nothing in evidence that has convinced Mr Hall QC otherwise. I asked him whether the Government had given him a business case or a justification for lowering standards of proof. He replied:
“I have obviously had discussions, but I have not been able to identify a cogent business case.” ––[Official Report, Counter-terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 15, Q31.]
That is what is missing here.
The lack of cogency or reasoned argument for the need for change mirrors the lack of appropriate evidence or justification that was presented to the House on Second Reading. If we look at the impact assessment, we see that certain questions are posed, such as:
“What is the problem under consideration? Why is government intervention necessary?”
However, the answers given to such questions relate solely to convicted offenders, with only a later reference to the policy objective to “better protect the public” and a link to the issue of
“individuals of terrorism concern outside of custody.”
Then, there is a vague explanation that the Bill will allow for more effective intervention when that is required. On the changes to TPIMs, the impact assessment says that they
“will enhance the ability of operational partners, such as counterterrorism policing, to manage the risk posed by individuals subject to TPIMs.”
It says that the change to the standard of proof will simply
“help ensure that operational partners are better able to impose TPIM notices on individuals where there is a requirement to protect national security.”
No further justification is given.
Chris Philp
It is a pleasure to serve once again under your chairmanship, Mr Robertson. Let me once again welcome the shadow Minister to his well-deserved place on the Opposition Front Bench.
The speech given a few moments ago my hon. Friend the Member for Hertford and Stortford outlined with incredible power how important it is that we in this House and in government discharge our duty to protect the public. I thank her for sharing the experience that her friend Louise had 15 years ago today. I ask her to pass on the House’s thanks to Louise for the bravery and fortitude she showed on that day and subsequently, and for sharing her experience with the Committee. Hearing direct first-hand testimony of the kind we did a few moments ago brings to life how important this topic is and how seriously we must take our responsibility to protect our fellow citizens, so I ask my hon. Friend to pass on our thanks to Louise.
It is, of course, right that we take this moment to remember the 52 members of the public who lost their lives 15 years ago, and the 784 who were injured and who will often carry not just physical scars, but mental and psychological scars for many years to come. The shadow cast by terrorism is not just a physical shadow; it is a psychological and emotional shadow.
I turn to clause 37 and the proposed amendments. The first point I want to make, beyond reiterating that protecting the public is our primary duty, is that TPIMs are not something the Government, Ministers or the police reach for first. The first option is always to prosecute where we have evidence to do so, and that is what happens in the vast majority of cases—criminal prosecution before a judge and a jury, to the criminal standard of proof beyond reasonable doubt, is the preferred and first option. We should always keep that in mind. We fall back on TPIMs only where we believe there is a real threat to the public and where they are in fact necessary. The word “necessary” appears in the original 2011 legislation, and that test of necessity is not being changed by this new Bill. It is a last resort.
The hon. Member for St Helens North and the hon. and learned Member for Edinburgh South West both asked about the business case. Why are we introducing this change, and what is the need for this measure? I will begin by answering that question directly. As we have briefly heard from my hon. Friend the Member for Aylesbury, the answer is best found in the evidence that the Committee heard on the morning of Thursday 25 June from Assistant Chief Constable Tim Jacques. I asked him something twice in general terms, and then he answered more specifically. I asked him twice whether this legislation will
“make the public less or more safe”.
He answered very clearly,
“yes, I believe it will make the public safer.”––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 20, Q48.]
To be absolutely sure, I asked him again whether it will make the public safer. He said:
“That is the view of the security services…that is their clear view.”––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 21, Q50.]
Conor McGinn
The witness did say that. The Minister might recall that I then pushed the witness on the specifics of it, and he said he was talking about the totality of the package contained within the Bill—more specifically around sentencing, rather than what was proposed around TPIMs.
Chris Philp
I will elaborate on the questions a little further. Question 50 was specifically about TPIMs and the burden of proof. To clear that up, I will read question 50 in full—it is not very long. “For those three reasons”, which I will go through in a moment,
“you are being categorically clear with this Committee and with Parliament that the proposed lower standard of proof”—
which we are now discussing—
“would be a benefit to the police and the security services, and that it would make the public safer.”
I was expressly referring not just to TPIMs but to the standard of proof. Assistant Chief Constable Jacques replied:
“That is the view of the security services…that is their clear view.”—[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 22, Q50.]
He was answering specifically on TPIMs and on the burden of proof in question 50.
Joanna Cherry
If the evidence of the assistant chief constable and the three examples are so central to the Government’s business case, why were they not in the impact assessment and why were they not mentioned on Second Reading, when others and I were probing the Minister? For instance, the hon. Member for Bromley and Chislehurst, who is Chair of the Justice Committee, asked for the justification for the change. It seems to me the Government are seizing on this now as a justification. If it is the justification, flesh it out, put it in a business case but also, answer the question: why was it not there originally as a justification?
Chris Philp
I thank the hon. and learned Lady for her intervention. First, some of the details I am about to take the Committee through were mentioned on Second Reading. My right hon. Friend the Member for New Forest East (Dr Lewis) and I expressly mentioned the possibility of people returning from conflict zones such as Syria. In response to repeated interventions from the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), I gave the justification in general terms, which have been borne out subsequently by the detailed evidence.
Joanna Cherry
The problem of people returning from Syria, which I accept, is a significant one that has existed for a number of years. Is the Minister saying in terms that the current TPIM regime—the current standard of proof—has prevented the security services from dealing with the problem of people returning from Syria? If that is what he saying, he should say so in bald terms, rather than seizing on something after the fact to justify this significant change.
Chris Philp
I will finish dealing with the hon. and learned Lady’s previous intervention and then I will answer her second one. She was asking why the case was not made more fully on Second Reading. I said it was made in general terms and the example of Syria was given. I will come on to that in a moment. The reason we have witnesses appearing before Public Bill Committees is precisely to serve this purpose: to bring out the detail and let them give their testimony to the Committee and the House. The detailed testimony given by Assistant Chief Constable Tim Jacques on the morning of 25 June is precisely why we have witnesses. It is serving the function it should have done, which was to give the Committee and the House the details they asked for on Second Reading and which hon. Members are asking for today.
I turn to the detail of Tim Jacques’s testimony and give the specific and precise reasons why he and the security services believe this is important, one of which is the Syrian example, which I will elaborate on in just a moment. Assistant Chief Constable Jacques’s first reason for why the lower standard of proof is necessary to protect the public is that we may find that there are individuals whose
“risk profile is rapidly increasing”—[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 20, Q49.]
If someone’s behaviour is quickly changing they may go from posing a potential threat to an actual threat to actually offending very quickly. He says that it is that rapid change of circumstances that necessitates a lower burden of proof. He then goes on to give a second reason, which was mentioned by the hon. and learned Lady a moment ago, which is the threat of somebody returning from overseas. He says that where someone has been overseas—for example, in Syria—it is extremely difficult, as one can readily imagine, to gather evidence that would meet the criminal standard of proof beyond reasonable doubt.
Clearly, if someone has been operating in Syria, there will typically be no signals intelligence or eye-witness testimony, because it is very hard to get witnesses from Syria to come here, and there will be no results of other forms of surveillance: all the evidence that would normally be presented in a criminal prosecution enabling somebody’s guilt to be established beyond reasonable doubt. It is difficult—impossible, I would say—to achieve that when someone is returning. That is why, in those thankfully relatively rare circumstances, we might need to work to a lower standard of proof and reasonable suspicion in order to protect the public.
The hon. and learned Lady essentially said that people have been going to Syria for five years now, and indeed returning for four or five years. We heard in evidence from both Jonathan Hall and Tim Jacques that, historically, there have not been any examples where a TPIM was desired but not obtained owing to the burden of proof. In fact, that observation applies more generally and not only to the Syrian example. Let me directly answer the criticism immediately.
It is true, I accept, that there have been no occasions historically when a TPIM was desired but not granted owing to the burden of proof that currently exists. However, we are not seeking simply to cater for circumstances that occurred historically; we seek in this legislation, and as parliamentarians, to cater for risks that may arise in the future that may not have arisen in the past. The absence of such risks having happened in the last five or six years does not establish definitively that they will not happen in the future—such a risk might arise in the future. Indeed, the assistant chief constable effectively said that he thinks that is possible, which is why he is advocating for the lower burden of proof.
We must cater for risks, not historical certainties. That is why the evidence of the assistant chief constable is so important and why the Syrian example is a good one, even though historically we have not been inhibited. We might be in the future. A few moments ago, we heard a powerfully eloquent description of the devastating consequences that follow when the public are not protected.
Assistant Chief Constable Jacques laid out a third reason in his evidence concerning sensitive material—material that is gathered covertly, or the disclosure of which might prejudice investigations or the security services:
“The disclosure of sensitive material would potentially compromise sensitive techniques and therefore make our job and that of the Security Service harder”.––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 21, Q49.]
He says that, with a lower standard of proof, that disclosure would be required less frequently so there would not be such a requirement to disclose sensitive information.
In answer to a question posed by both Opposition Front-Bench shadow Ministers, Assistant Chief Constable Jacques laid out the business case powerfully in those three examples that I have just taken the Committee through.
Joanna Cherry
I have the greatest respect for the assistant chief constable and for the assistance he was able to give the Committee, but in a court of law we would call that hearsay evidence. He is not actually dealing with seeking TPIMs. The Independent Reviewer of Terrorism Legislation, who is charged by the Government with the responsibility of overviewing all this, said that there is no cogent business case.
Can the Minister explain why the independent reviewer is not convinced by the assistant chief constable’s three examples? Mr Hall said that he has had discussions with the Government—presumably the Government have put those examples to him if they are so central to the business case. Can the Minister explain to us why the Independent Reviewer of Terrorism Legislation is not convinced that there is a cogent case?
Chris Philp
I was not present at those meetings, so I cannot comment on what was discussed. However, the hon. and learned Lady has herself already observed that Assistant Chief Constable Jacques’s critical testimony was ventilated in such details—publicly at least—for the first time in his evidence; of course, Jonathan Hall gave evidence just before Assistant Chief Constable Jacques. As I say, I was not privy to the conversations that took place between Jonathan Hall and my colleagues in the Home Office, so I do not know what case was presented to him, but I do know that the case presented by Tim Jacques was, at least in my view, compelling.
Chris Philp
Before I move on to the second leg of my support for these measures, I will of course give way to the shadow Minister, who wants to intervene.
Conor McGinn
To echo what the hon. and learned Member for Edinburgh South West said, the evidence of the assistant chief constable was incredibly useful—he is hugely respected across law enforcement. But he was one witness. He made it clear, in response to the Minister’s questions about TPIMs, that it was the view of the security services that the lowering of the standard of proof might have “utility” when it came to the examples that he outlined—but he was also clear that the police are not the applicant.
Chris Philp
I have made this point already, in response to an earlier intervention, but at question 50 I asked the assistant chief constable expressly about TPIMs and the burden of proof. He expressly said that it would make the public safer—he was talking there not about the generality of the Bill, but about TPIMs specifically. Of course, I welcome the fact that in more general terms he feels that the Bill will help, but that question related specifically to TPIMs.
Chris Philp
The assistant chief constable said:
“That is the view of the security services. We are not the applicant, but that is their clear view.”––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 21, Q50.]
Although he was not applying for TPIMs, he is a senior police officer involved in counter-terrorism policing, he had been briefed by the security services before giving evidence, and he is responsible for monitoring and managing TPIMs subsequently. To dismiss his evidence as hearsay—the hon. Gentleman did not, but the hon. and learned Member for Edinburgh South West did—is rather unfair, given that he had the briefing from the security services in front of him when he gave evidence and given the close role he and counter-terrorism police play in managing and monitoring TPIMs.
Joanna Cherry
There is no insult in saying that someone’s evidence is hearsay; it is simply that they are giving evidence about what someone else has told them. I am not undermining the witness in any way, but he is only giving evidence about what he has been told. Let us look at what he said at question 58, when I said:
“So where there is a rapidly escalating situation or where there is a need to manage sensitive material, we already have available to us the option of a new variant TPIM without changing the standard of proof.”
He responded:
“Well, a TPIM is a TPIM. We have the option of a TPIM to manage that case, yes, as it currently stands. MI5 has pointed out that there is no case thus far where the standard of proof has been a blocker.”—[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 23, Q58.]
As I said to him, that is an important answer, albeit that it is hearsay. He is telling us that MI5 has said, in respect of two of the examples that the Minister is giving us as a justification for this significant change, that in no case so far has the current standard of proof been a blocker. Does that not perhaps explain why we have three distinguished Independent Reviewers of Terrorism Legislation supporting the existing standard of proof, rather than this Government’s variation?
Chris Philp
I have already accepted, a few minutes ago, that there have not been any historical examples. That was clear from the evidence. I also said, in response to an earlier intervention on Syria, that just because there have not been any historically—we are talking about very small numbers—does not mean to say that there will not be such a situation in the future. We need to guard against potential future risk. That is what we seek to do.
Let me go on to the second plank of my rationale for why this proposed burden of proof is appropriate. It is because there are significant mitigants to any risks of abuse of process, miscarriages of justice or inappropriate behaviour. I rest my case for those mitigants on two legs or stands.
The first is that we do not need to hypothesise about how a Government—any Government—might behave with access to TPIMs, or control orders, with a lower standard of proof. As the hon. Member for St Helens North pointed out, we had control orders, passed by then Labour Government in 2005, which had the lower standard of proof—the reasonable suspicion. Those persisted for approximately six years, from 2005 to 2011. During that period, 52 control orders were issued. On the morning of 25 June, I also asked Jonathan Hall whether he was aware of any misuse in that six-year period—I said seven then, but it is six—when the lower burden of proof prevailed. He said:
“I am not aware of any misuse”.––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 7, Q9.]
I also asked him whether he was aware of the Government ever having misused the powers or used them without care and circumspection; I actually asked whether, as far as he could see, the Government had used the powers “with care and circumspection”. He said:
“I am quite satisfied that the Government are doing that.”––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 6, Q5.]
So the control orders, as they were then, operated with a lower standard of proof for six years with no abuse or misuse identified.
The hon. and learned Member for Edinburgh South West raised a question about ECHR article 5 compliance and whether the lower burden of proof would potentially infringe that. I checked that during the debate. During the six years when 52 control orders were used, at no point, despite some challenges, were they found to be not compliant with the ECHR. The Committee can satisfy itself that when they operated previously, they did so without abuse and were not struck down as an instrument as a whole by the court.
The second set of mitigants is to be found in the Terrorism Prevention and Investigation Measures Act 2011, in which the Committee probably knows there are five conditions, labelled A to E, that have to be met for a TPIM to be granted. We are seeking to amend only one of those five conditions, condition A, which pertains to the burden of proof in so far as it touches on terrorism-related activity.
The four other conditions still have to be met and are not being changed by the Bill. For example, condition C requires the Secretary of State to reasonably consider “that it is necessary”—I labour that word “necessary”—
“for purposes connected with protecting members of the public from a risk of terrorism”.
The Secretary of State must be satisfied that there is necessity. It must not be done on a whim or because it might or may be required. It must be necessary. That is in section 3(3) of the 2011 Act, which is not being amended.
In section 3(4), condition D makes a similar point that the Secretary of State must reasonably consider
“that it is necessary, for purposes connected with preventing or restricting the individual’s involvement in terrorism-related activity”.
Again, it uses the word “necessary”—not “possible”, “maybe” or “might”, but “necessary”. It is a very strong word.
Moreover, in section 3(5), condition E says that the Secretary of State must seek permission from the court, as described further in sections 6 and 9 of the Act. They must go to a court of law and make sure that it feels it is reasonable that a TPIM should be granted. At the outset, there is judicial oversight of the process. The Home Secretary cannot, just by a stroke of a pen, give out a TPIM and thereby restrict someone’s liberty. That is a serious matter, as the hon. and learned Member for Edinburgh South West has already said. There is judicial oversight of the process. I say again that four of the five tests laid down in section 3 of the 2011 Act are not changing. They will stay the same.
Moreover, those subjected to a TPIM have a right of appeal against it. The 2011 Act, which, again, is not being amended, provides that they can go to a court if they feel that a TPIM has been unreasonably imposed, unreasonably varied or unreasonably extended. They can ask a court for relief and the court proceedings can carry on according to the principles used in judicial review. Beyond the simple question of burden of proof around terrorist-related activities, there are those further protections in the Bill and from the courts.
I will conclude, Mr Robertson—always welcome words during one of my speeches—by saying that the powers are used sparingly. There were 52 of the old control orders in total over six years, but at any one time no more than 15 were ever in force. As the shadow Minister has said, as of November last year there were five TPIMs in force, although I think that we heard in evidence that the number might subsequently have gone up to six.
We use such powers very sparingly, for the reason that the hon. and learned Member for Edinburgh South West mentioned: they touch on an individual’s liberty. However, they are occasionally, in the words of the Act, “necessary”—necessary to protect the public, necessary to protect people such as Louise who might otherwise be killed, injured or traumatised and necessary to protect our fellow citizens. It is for those reasons of necessity that I respectfully say that the clause as drafted is an integral and an important part of the Bill.
Conor McGinn
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 37 ordered to stand part of the Bill.
Clause 38
TPIMs: extension of time limit
Chris Philp
Allow me to explain why the current two-year maximum does not work from a security services perspective. As matters stand, if a TPIM comes to the end of two years and thereby automatically lapses, a brand-new application has to be made, requiring completely fresh evidence, without simply reusing the evidence used at the outset. New evidence must be obtained, which takes some time, particularly if during the two-year period of the TPIM, the subject has been careful to behave themselves, which is the purpose of the TPIM in the first place.
We have had examples of a gap caused by the renewal requirement. Jonathan Hall acknowledged that in answer to my question in his evidence on 25 June,. I asked him about gaps when TPIMs had expired and he said that he had found a couple of examples. He added:
“In one case it was a gap of a year, and in the second it was a gap of 16 months.”
In response, I said:
“It is fair to say that the risk would have existed in that 12 to 16-month period.”––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; Q2, c. 6.]
I was not asking about things that had actually happened; I was asking about risk—what might have happened. In response to that point, Jonathan Hall replied, “Yes.”
I went on similarly to ask Assistant Chief Constable Jacques whether a risk might exist in that gap. He said:
“Because we jointly manage TPIMs once imposed, I can speak on this. Yes, we do see an increase in the threat if that gap occurs, and that gap has occurred, as Jonathan has pointed out previously.”––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; Q51, c. 21.]
We therefore have clear evidence, from both the independent reviewer, Jonathan Hall, and counter-terrorism expert Assistant Chief Constable Jacques, telling us that the gap that follows the two-year expiration of a TPIM poses a risk to the public. It is right that in the Bill we seek to close that risk by allowing for carefully considered annual extensions.
In terms of protecting the subject and ensuring that the extensions are not used unreasonably, let me make the following comments to reassure the Committee and, I hope, the whole House. First, the old control order regime did not have the two-year limit. In the period when the control orders introduced by the Labour Government in 2005 were enforced, 30 lasted for two years or less, eight lasted for between two and three years, four lasted for between three and four years, and only three lasted for between four and five years. The clear majority lasted for less than two years. Only a small number—15, according to the figures that I have—lasted for more than two years, and the bulk of those lasted for three or four years. Once again, when the powers are available, they are used circumspectly and sparingly.
Further protections are laid out in statutory provisions in the Terrorism Prevention and Investigation Measures Act 2011, which will continue. The first is found in section 11 of the Act, which requires the Secretary of State to keep TPIMs under review, in particular conditions C and D, which I mentioned earlier. That is given practical effect via a quarterly review process, once every three months, in which the security services and counter-terrorism police participate. Secondly, there is an ongoing right of appeal by the subject laid out in section 16 of the 2011 Act. Section 16(1), which will continue in force, says that if
“the Secretary of State extends or revives a TPIM”,
the right of appeal will apply, so every time a TPIM is extended, the subject, if they think the extension is unreasonable, has the right to go to court to seek protection.
Given that the current gap is posing a risk to the public, as Jonathan Hall and Assistant Chief Constable Jacques very clearly said, and given that there are good and strong safeguards in place, I believe that the provisions in clause 38, allowing considered, thoughtful annual extensions, serve the purpose of protecting the public.
Joanna Cherry
I am not going to speak to amendment 64, but I will speak in support of Labour’s amendment 61 when we get to it.
Chris Philp
Amendment 61 seeks to introduce a higher standard of proof—the balance of probabilities—if a TPIM is to be extended beyond two years. We debated at some length the relative merits of reasonable suspicion and the balance of probabilities in relation to clause 37, so I do not propose to repeat those arguments at great length. However, I hope I established in my previous remarks the importance of the reasonable suspicion burden of proof, rather than the balance of probabilities.
On the issue of extension, I gave the reasons why it is important to avoid this two-year cliff edge a few minutes ago, during the debate on amendments 60 and 64. I also drew attention to the protections that exist, particularly the review process in section 11 of the TPIM Act, which is an internal process that goes on on a quarterly basis. I also drew attention to the right of appeal under section 16 of the same Act. Every time one of these orders gets extended by a year, the subject has a right to go back to the court if he or she feels they are being treated unreasonably and unfairly. For all those reasons, I think the annual renewal process, with a right of appeal should the subject feel the renewal is unreasonable, provides adequate protection.
The shadow Minister, the hon. Member for St Helens North, asked about counter-terrorism resources. As I am sure he is aware, counter-terrorism police expenditure was significantly increased earlier this year. The police have a great deal more resources than they had previously, and as Assistant Chief Constable Jacques said in evidence,
“Neither we nor the Security Service envisage a large increase in those numbers—
the numbers of people on TPIMs—
“as a result of the provisions in the Bill”––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; Q49, c. 20.]
although as the shadow Minister said, some may endure longer. We are absolutely committed to making sure the resources required are available.
Conor McGinn
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Conor McGinn
I beg to move amendment 67, in clause 38, page 34, line 33, at end insert—
“(ab) after subsection (3)(b) insert—
(3A) Where a TPIM notice has been extended under subsection (3), the Secretary of State must review, at 6 monthly intervals, whether it is appropriate to issue a revocation notice under section (13)(1).
(3B) A review under subsection 3A will include a memorandum to—
(a) the chief officer of the relevant police force;
(b) the Security Service,
(c) the Secret Intelligence Service, and
(d) the Government Communications Headquarters
outlining a tailored exit strategy.
(3C) A ‘tailored exit strategy’ under subsection (3B) shall include—
(a) an assessment of the individual’s current security threat, which must include an assessment of the current evidence and investigative steps as provided by the bodies listed in subsection (3B);
(b) a plan for agencies and public services to engage with the individual to promote rehabilitation for the duration of the TPIM; and
(c) a plan for how TPIM measures may be removed if no new evidence of terrorist related activity is provided.”
An amendment to require the Secretary of State to specify a provisional exit strategy for a TPIM notice, upon any renewal beyond the two-year mark.
It always struck me as a strange and inflexible design flaw of TPIMs that they had a set limit of two years. My right hon. Friend the Member for Normanton, Pontefract and Castleford, who chairs the Select Committee on Home Affairs, reminded the House on Second Reading that
“Control orders were set for a year but could be renewed”,
but
“TPIMs were fixed at two years.”—[Official Report, 9 June 2020; Vol. 677, c. 229.]
As far back as 2011, my right hon. Friend was raising concerns about what that would mean for the small number of people who might be extremely dangerous after two years, and what provisions would be in place to ensure the public were protected.
It would be good to introduce a measure of flexibility to TPIMs, but my concern is that by doing so that way, the Government leave a very open-ended approach, which could see cases effectively kicked into the long grass, often at great expense and with no realistic strategy for resolution of any kind. When imposing a TPIM, we must always have sight of what resolution is—whether prosecution or the removal of the notice—rather than the idea that we can indefinitely extend the TPIM and leave those who are subject to them in a sort of terrorism-suspect limbo.
The amendment seeks to address the open-ended nature of the Government’s changes by requiring the Secretary of State to specify what we have called a provisional exit strategy for a TPIM notice upon any renewal beyond the two-year mark. Under the provision in the amendment, the Secretary of State would be obliged to undertake a review every six months to set out whether it is appropriate to issue a revocation notice and to draw up, with police and security services, a tailored exit strategy. That strategy would involve an assessment of the individual’s current security threat, which should be the most fundamental and overarching aspect to the TPIM; a plan for agencies and public services to engage with the individual to promote rehabilitation for the duration of the TPIM if possible; and a plan for how TPIM measures can be removed if no new evidence of terrorist-related activity is provided.
It is not in anyone’s interest to allow individuals to remain indefinitely on TPIMs, not just for their own sake but for that of wider society because, crucially, they should be brought to justice and put through the judicial process. As Jonathan Hall said:
“There is the risk that, once a TPIM has been made and someone has been identified as a risk, that takes priority—in other words, the TPIM is the best way of protecting the public—over trying to get criminal evidence to prosecute”.––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 17, Q37.]
Having heard the wide-ranging evidence from witnesses, as well as what the security services and others have said, I am in no doubt that that is far from being the motivation of anyone involved in overseeing a TPIM, but those are important points to bear in mind none the less.
The idea of an indefinite TPIM means that someone convicted of a terrorist offence could conceivably be free of constraints before someone who is placed on an enduring TPIM. As we legislate in this place, we need to be cognisant of the potential for that to occur, which would be quite perverse and bizarre, albeit quite unlikely. The idea of leaving someone subject to a TPIM indefinitely is not cost-effective for the taxpayer and, notwithstanding all the amendments that we have tabled, does nothing to tackle the issues that have brought the individual to the point that they are subjected to the TPIM—namely, entering dangerous extremism and being suspected, as the lower standard of proof would say, of becoming engaged in criminal and terrorist activity.
I worry that the indefinite TPIM discourages a move towards seeking a conviction when that is appropriate, and increases the risk of individuals slipping under the radar over time if their cases are not regularly reviewed by those tasked with implementing the TPIM. An exit strategy would keep that small number of cases at the forefront of the Secretary of State’s mind and would ensure that, if there were enduring or extended TPIMs, we would not allow them to become indefinite beyond that which is reasonable.
Chris Philp
On the point about potential perpetuity TPIMs, once again I assure the Committee that history from the old control order regime teaches us that the number of TPIMs enduring beyond two or three years is exceptionally small, and the subject always has a right of appeal to the court. On the question about reviews and the exit strategy, which is the topic of the amendment, the Government essentially agree with the comments about their importance but, in fact, that is precisely what happens already. I have referred to the fact that section 11 of the TPIM Act requires the Secretary of State to keep under review whether conditions C and D are being met—that is, whether there is terrorist-related activity or whether the public need to be protected. That is given practical effect by a TPIM review group, a so-called TRG, that meets on a quarterly basis. The topics that it discusses are exactly those that the shadow Minister quite rightly and eloquently laid out a few minutes ago, including the exit strategy.
That was reviewed and commented on in the 2018 report of the then Independent Reviewer of Terrorism Legislation, Max Hill QC, who is now, of course, the Director of Public Prosecutions. In relation to the TPIM review group’s activity, he said that
“the TRG meets at three-monthly intervals”,
which is twice as often as the amendment calls for, and that
“very careful consideration is given to every aspect of the TPIM in force, including…the individual measures, each in turn…the exit strategy, in other words timely preparation for returning the TPIM subject to his”—
or her—
“home life at the end of the TPIM.”
I am delighted to be able to say to the Committee that exactly the review mechanisms, including the exit strategy, that the shadow Minister is calling for are already in place and were validated by the then independent reviewer, Max Hill, in 2018.
Conor McGinn
I do not have anything to add except to say that that was a rare example of a probing amendment that probed and received assurances, so I do not seek to press it to a vote. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Chris Philp
I will be brief, because we have discussed at some length the question of extensions and an exit strategy. I echo the comments about section 10 of the 2011 Act. As the shadow Minister said, section 10 places a duty on the Secretary of State to consult the relevant chief officer of police as to whether there is sufficient evidence to prosecute a terrorism-related offence before imposing a TPIM. The chief officer must then consult the relevant prosecuting authority. Once the TPIM has been imposed, section 10 says that the chief officer
“must ensure investigations of the TPIM subject’s conduct is kept under review throughout the duration of the TPIM with a view to prosecution for an offence related to terrorism if the evidential threshold can be met”.
Essentially, I think that what the hon. Gentleman reasonably asks for is enshrined in section 10 of the 2011 Act. I point again to the operation of the TPIM review group, to which I referred to in the previous debate, which meets regularly every three months and has input from police and the security services to do exactly what the shadow Minister asks.
On oversight and reporting, the hon. Gentleman mentioned the ISC. I believe it will be constituted soon, but that is not in my gift or purview. I think the most suitable person to oversee, monitor and scrutinise the activities of the Government in this area is the Independent Reviewer of Terrorism Legislation, whom we have all been quoting very frequently. He clearly does a very energetic and active job in this sphere.
Conor McGinn
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 38 ordered to stand part of the Bill.
Clause 39
TPIMs: variation of measures
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 39 inserts an additional ground for variation into section 12 of the old TPIM Act that I have been quoting from. By virtue of that, it will be possible for the Secretary of State to vary the relocation measure in a TPIM notice, if considered strictly necessary,
“for reasons connected with the…effective use of resources in relation to the individual.”
The new ground for variation will apply only where the individual has already been relocated away from their home address and where the national security reason for requiring relocation still exists.
Conor McGinn
I want briefly to draw the Minister and the Committee’s attention to the fact that, when these relocation orders were previously challenged by those subject to them, one sixth of those cases were upheld. In introducing this measure, the Government need to ensure that their legal processes are very robust in that regard.
Question put and agreed to.
Clause 39 ordered to stand part of the Bill.
Clause 40
TPIMs: extension of residence measure
Conor McGinn
I beg to move amendment 70, in clause 40, page 36, line 31, at end insert—
“(c) after paragraph (1)(5) insert—
‘(5A) Where the Secretary of State has imposed on an individual a requirement to reside at a specified residence which is shared with another individual or individuals, the Secretary of State shall provide for an assessment to be made of the suitability of these individuals to reside together.’”
Requirement for a report on approved premises putting offenders in shared accommodation together.
This amendment puts forward a requirement for a report on approved premises putting offenders in shared accommodation together. That is an issue of real concern: the most effective sentencing policy or preventive intervention can be meaningless, frankly, when pitted against the pressure, manipulation or radicalisation that a vulnerable person might be exposed to from a friend, associate or, sadly, even a family member.
We heard throughout the witness sessions that custody can only have a protective impact by taking that particular person off the street, so to speak, for that specified period, and that it is on release that they are exposed. As Peter Dawson, from the Prison Reform Trust, said,
“people are going to be released, and that is when the risk arises”.––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 35, Q79.]
The importance of positive relationships cannot be undervalued. As Mr Dawson said,
“particularly after a long sentence, a stable home and relationships with people who have kept faith with you and who have belief in your future are absolutely the things that help someone as a mature person.”––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 36, Q82.]
All the evidence supports that view, so it is also the case that negative association and exposure to extremist pressure within shared accommodation carries real risks, particularly for young offenders.
We are therefore tabling this amendment to ensure that:
“Where the Secretary of State has imposed on an individual a requirement to reside at a specified residence which is shared with another individual or individuals, the Secretary of State shall provide for an assessment to be made of the suitability of these individuals to reside together.”
It would be pointless and perverse for the state to designate specific accommodation as part of a directive, only for that accommodation and those contained therein to be a major influence on increasing reoffending risks. Due diligence must be done on the appropriateness of the residence and those individuals.
The state cannot be responsible for ordering someone into a dangerous or radicalising environment; that would undermine all the other measures contained in the Bill. Therefore, I hope the Government will reflect on this amendment. I do not intend to push it to a vote, but I felt none the less it was important to move it.
Chris Philp
Relocation measures are on occasion a very important way of protecting the public. As Jonathan Hall said in his evidence to us on 25 June:
“Relocation is an important power. It is regrettable, in the sense that it is a very strong measure and causes a lot of disruption, but I am quite satisfied that in a small number of cases it is needed.”––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 18, Q40.]
The necessity of relocation on occasion is not in dispute.
In relation to the point that the shadow Minister makes about not putting people into multi-occupancy premises, let me say that the Government and the police never put people into multi-occupancy premises—that is to say, we do not impose a requirement on the subject to reside with other individuals. They would never be put into accommodation with other people, for all the reasons that he mentioned.
Of course, we do regular risk assessments of TPIM subjects, including via the auspices of the TPIM review group that I mentioned a little earlier, which meets quarterly. The group looks not only at the issues we have talked about previously to do with exit strategy and so on, but at various other matters, including the relocation measures and how those are working.
As I have said previously, a former Independent Reviewer Of Terrorism Legislation has commented positively, saying that these quarterly TPIM review groups entail robust discussion of every aspect of the TPIM, including residency, and consider every individual part of that TPIM in turn. I hope that gives the shadow Minister the assurance he requires that people are not compelled to live in multi-occupancy premises, with the potentially adverse consequences that may flow from that.
Conor McGinn
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 40 ordered to stand part of the Bill.
Clause 41
TPIMs: polygraph measure
Question proposed, That the clause stand part of the Bill.
Chris Philp
It is worth reminding the Committee that the purpose of using polygraphs in this context, rather like the monitoring of licence conditions that we discussed earlier in our proceedings, is simply to seek to prompt new disclosures that might otherwise not happen, or to elicit an indication that might suggest that further investigation by the relevant authority should be undertaken. The purpose of using polygraphs is nothing more nor less than to achieve those very limited objectives.
The provisions of the new clause might be somewhat beyond the scope of the Bill, because it would apply not just to the people we are talking about here, but to sex offenders where polygraphs are used. When the Domestic Abuse Bill receives Royal Assent—it had its Third Reading last night—it would apply to domestic abuse offenders as well, so the scope is significantly beyond just terrorism.
The central point of the new clause is to ensure is that people under the age of 25 have some kind of counsellor present during a polygraph test. The main assurance I can give the Committee and the shadow Minister is the fact that, as we heard from Professor Grubin in his compelling evidence, the people who administer the polygraph tests are highly trained. The regulations that we already use in relation to sex offenders, and that are likely to form the basis of the regulations here, require high levels of training and quality assurance for those who administer the tests. They are expert people who are selected and trained very carefully, and they use their powers and authority in a carefully managed and circumspect manner. I hope the fact that the person who administers the test is well trained and carefully regulated gives the Committee and the shadow Minister confidence that the proposed additional measure of having a counsellor present is an extra level of protection that is essentially nugatory, bearing in mind the expertise of the person doing the test in the first place.
Alex Cunningham
The Minister, apart from the fact that he does not think the safeguarding is necessary, has just made a grand speech in support of my amendment. He has recognised very clearly that, although there may be experts, there are issues that need to be addressed. He actually talked about how the scope of the amendment would go far beyond the issues covered in the Bill. That is a good thing. Why should young sex offenders or young offenders covered by the Domestic Abuse Bill not also have the protection of having a counsellor present at their session? I will not push the new clause to a vote, but I believe that the Minister needs to start to focus very specifically on young people. We will return to the issue of young people on Report, because the Minister seems to dismiss the fact that a small number of young people are different. He does not recognise the difference. We will withdraw the new clause for now, but we will most certainly return to this issue.
Question put and agreed to.
Clause 41 accordingly ordered to stand part of the Bill.
Clause 42
TPIMs: drug testing measure
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 42 adds a new drug testing measure to schedule 1 of the TPIM Act 2011. A TPIM subject will be required to submit to drug testing by way of providing a relevant sample. Under the clause, testing is limited to testing for the presence of specified class A and class B drugs. These drugs are the same as the class A and class B drugs specified in the Criminal Justice and Court Services Act 2000. The definition of “permitted sample” sets out an exhaustive list of the non-intimate samples that may be taken, mirroring the definition of “non-intimate sample” in section 65 of the Police and Criminal Evidence Act 1984. Drug testing under the clause may be carried out only by a constable at a police station, but the clause contains a power for the Secretary of State to make regulations prescribing additional or alternative testers and places of testing.
Question put and agreed to.
Clause 42 accordingly ordered to stand part of the Bill.
Clause 43
TPIMs: provision of information
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 43 amends an existing measure and inserts a new measure into schedule 1 of the TPIM Act 2011 to allow the Secretary of State to require the TPIM subject to provide additional information.
Question put and agreed to.
Clause 43 accordingly ordered to stand part of the Bill.
Clause 44
Additional offences attracting notification requirements
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 44 amends the Counter-Terrorism Act 2008 by adding a breach of TPIM notice and a breach of a temporary exclusion order to the list of terrorism offences that attract registered terrorist offender notification requirements. That ensures that individuals convicted of those offences on or after the day that the Bill comes into force will be subject to registered terrorist offender notification requirements following their release from prison. That will support the police to manage the ongoing risk posed by such individuals, and to take mitigating action as is necessary to protect the public.
Question put and agreed to.
Clause 44 accordingly ordered to stand part of the Bill.
Clause 45
Police powers to apply for serious crime prevention orders in terrorism cases
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 45 introduces schedule 12, which amends the Serious Crime Act 2007 to allow the police to make a direct application to the High Court for a serious crime prevention order in terrorist-related cases. That will streamline the application process and is intended to support an increased use of SCPOs in the circumstances I have just described.
Question put and agreed to.
Clause 45 accordingly ordered to stand part of the Bill.
Schedule 12 agreed to.
Clause 46
Serious crime prevention orders: review of operation of police powers
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 46 requires the Secretary of State to review the operation of the changes to the Serious Crime Act 2007 made by clause 45, and to publish a report on the outcome.
Question put and agreed to.
Clause 46 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Tom Pursglove.)
Counter-Terrorism and Sentencing Bill (Eighth sitting)
Chris Philp ExcerptsTuesday 7th July 2020
(4 years, 4 months ago)
Public Bill CommitteesRead Full debate Counter-Terrorism and Sentencing Bill 2019-21 View all Counter-Terrorism and Sentencing Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 7 July 2020 - (7 Jul 2020)
Conor McGinn (St Helens North) (Lab)
I beg to move amendment 62, in clause 47, page 40, line 17, leave out subsection (1) and insert—
“(1) In section 20(9) of the Counter-Terrorism and Border Security Act 2019 (support for persons vulnerable to being drawn into terrorism) for the words from ‘within the period’ to the end substitute ‘by 1 July 2021’.”.
This amendment would reinstate a statutory deadline for the independent review of the Prevent strategy, which will have to report by 1 July 2021.
It is a pleasure to serve under your chairmanship, Mr McCabe. I know that, over your distinguished years in this House, you have taken a keen interest in home affairs, so it is particularly appropriate for you to chair this session.
I said on Second Reading that, as well as what in the Bill, we are concerned about what it does not contain. The Government have missed a real opportunity to expound upon their wider strategy for tackling extremism, radicalisation and terrorism. This is most acutely felt in the proposal, in effect, to remove the statutory deadline for a review of the Prevent strategy that was announced some 19 months ago. We know that Prevent has been a crucial part of this country’s counter-terrorism strategy. In giving evidence to the Committee, Assistant Chief Constable Tim Jacques said:
“Prevent is a critically important part of our role; it is absolutely vital. It is controversial, and has been controversial, but we engage in it, we operate, and we protect the public through Prevent every day.”––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 25-26, Q66.]
I find myself in full agreement with all that, because it is a vital tool and also, as the ACC acknowledged, one that has an element of controversy, or certainly dispute, around it.
It is hugely disappointing—not, I must add, solely to Opposition Members, but to civic society and, crucially, to those dedicated individuals who deliver the policy on the frontline—to now see a real lack of purpose and clarity regarding the programme’s direction under this Government. The independent review was legally bound to report to the House by 12 August this year, but it is obvious that this deadline is going to be missed, resulting in a further lack of clarity and, sadly, I suspect, a further question mark around the credibility of the programme itself. To make matters worse, the Bill now actively seeks to remove any deadline at all.
The independent review was announced last January— 19 months ago—following a long-running campaign by Opposition Members and civic society, but it has since been delayed and postponed. We believed then, and we believe now, that a wide-ranging, robust review is the right approach. By now, that review should have been finished and reported to Ministers. In fact, that should have happened two months ago; if anything, the Minister should now be preparing to come before the House to give the Government’s response to it.
Frankly, it begs a question about competency at the Home Office that things have been allowed to get to the present stage. We would of course have been willing to accept mitigations that might have been needed because of the impact of the covid-19 pandemic on tight deadlines. However, we have already had dithering and false starts over the period of the review. The fact that the Government are now seeking to remove the statutory deadline, and leaving little indication of when we are to expect completion, leaves the explanations that we have had to date from them with little or no validity.
The Government have said that they would like the report to be completed by next summer; in that case, why not accept my amendment and put that on the face of the Bill? I do not think that I am being unreasonable in saying that we are allowing the Government a year from now—19 months into the process already—by which time it should have reported. We are being constructive in granting another year, and I do not think that it is reasonable for the Government to respond, “Well, you’ll just have to take our word for it.” I am afraid that we have not been able to rely on the Government to meet previous deadlines. The amendment would reinstate the statutory deadline for an independent review of Prevent by 1 July.
As I stressed on Second Reading, the introduction of the Bill before the Prevent review under the 2019 Act has even reported makes it clear what a quantity of time has been wasted. Lord Carlile was initially appointed to lead the review, but he stood down. That is important. I have huge respect for him. I have spoken to him in preparing for the Bill Committee and he has an exceptionally valuable contribution to make to the debate. Lord Carlile’s having to stand down from the review was nothing to do with his integrity or ability; it was to do with the appointment process. It is important that the Opposition say that and make it clear. It was unfortunate and a pity; it was also avoidable. I hope that the Government have learned lessons from that about putting robust mechanisms in place for the appointment of independent reviewers of something that is as controversial and critical as Prevent. I felt that it was important to say that we thank Lord Carlile for the work that he did. We also thank Lord Anderson and the current Independent Reviewer of Terrorism Legislation, Jonathan Hall, for the work that they do.
It is not beyond the bounds of reason, but the Minister cannot see that the amendment is constructive. It it would simply put into the Bill something that he says the Government would like to do, which is to report by next summer. We need some clarity about it. We need to end the continuing speculation about Prevent, which threatens to undermine the effectiveness and credibility of the programme. We need some coherence and surety about its centrality to the Government’s counter-terrorism strategy. The best way to get that is for the Government to commit to completing the review, not a month or even six months from now, but a year from now. That is eminently doable and reasonable.
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
It is a pleasure once again to serve under your chairmanship, Mr McCabe. I agree entirely with the points that the shadow Minister made about the importance of the Prevent review. It is a critical assessment, which the Government welcome, and we look forward to receiving it. As the hon. Member for St Helens North said, the original deadline, set out in previous legislation, was August this year. To state the obvious, that deadline will be missed. The two reasons for that are, first, the coronavirus epidemic, and, secondly, the resignation of Lord Carlile, which the hon. Gentleman mentioned.
Lord Carlile was appointed last summer, so he would have had a year to do his job, but unfortunately he stepped down in December owing to legal challenges about the manner of his appointment. I am able to confirm that a full and open competition is being run for a replacement. The closing date for applications was 22 June—a couple of weeks ago—and the applications will be assessed by an independent panel. I hope that gives the shadow Minister the assurance he sought on questions of process.
Given that the process of appointing Lord Carlile’s successor has not yet concluded because the application deadline was only a couple of weeks ago, completing the review will be challenging, but we want it to be done by the summer of next year, as the shadow Minister says. We would like to see it completed by August 2021, and that is the objective that the new chairman or chairwoman will be given. However, to put the deadline in primary legislation risks repeating the mistakes that we made previously: a deadline was set out in the statute, and for reasons that were not foreseeable at the time—first the resignation of Lord Carlile, and secondly, the coronavirus epidemic—it became impossible to meet that deadline. If unforeseeable circumstances arise again and something unexpected happens that causes another delay, we do not want to fall foul of a statutory deadline that requires primary legislation to correct.
The obligation to complete the review remains in statute. It is a statutory obligation that must be fulfilled, and that remains, but putting a deadline on it as we did before risks our falling into the same trap twice. I hope that the shadow Minister will accept the clear statement of intention to get this done by August next year. The applications were taken in an open process, and they will be assessed by an independent panel, so the process issues will not re-arise. Our commitment is absolute. On the obligation to put this in statute, the deadline could be problematic if something unforeseen happens again.
Conor McGinn
Unusually in our discussions, I cannot accept the Minister’s explanation. I do not think an explanation has been given for the delay between Lord Carlile’s standing down and the beginning of the recruitment process for a new independent chair, which could have predated the coronavirus pandemic. Given one would expect that some preparatory work was done in the period that Lord Carlile was in post, which would inform the new chair’s review, any suggestion that it might not be completed by next summer is hugely concerning.
The fundamental point is that we have been reasonable about it. We have accepted some of what the Government have said about wanting to do this properly, wanting to ensure it is fully independent, and wanting to respect the ongoing recruitment process, but as for giving it from now until 1 July next year to ensure it reports before Parliament goes into summer recess, to give surety and clarity to the wider public, to civic society who take an interest in such matters, and fundamentally to the people we charge with carrying out Prevent and implementing its strategies on the ground, I do not think they should have to wait any longer than is necessary. So I am afraid that, despite what the Minister says, I feel obliged to press the amendment to a vote.
Question put, That the amendment be made.
Chris Philp
We now come to a series of relatively technical parts of the Bill and various technical Government amendments. I will go over these as quickly as I decently and reasonably can.
Clause 48 introduces schedule 13, which contains consequential and related amendments to bring the Bill’s provisions into effect. It will enable the Bill to function as intended across the legislative frameworks in the United Kingdom, as well as introducing several additional required measures related to the Terrorist Offenders (Restrictions of Early Release) Act 2020 provisions we have discussed already.
Question put and agreed to.
Clause 48 accordingly ordered to stand part of the Bill.
Schedule 13
Consequential and related amendments
Chris Philp
I beg to move amendment 10, in schedule 13, page 102, line 22, at end insert—
“Criminal Justice Act 1982 (c. 48)
6A In section 32 of the Criminal Justice Act 1982 (early release of prisoners to make the best use of the places available for detention, subject to certain exceptions)—
(a) in subsection (1)(a), after “protection” insert “, a serious terrorism sentence”;
(b) in subsection (1A), after paragraph (c) insert—
“(ca) references to a serious terrorism sentence are to a sentence under section 268A or 282A of the Sentencing Code;”.
Mental Health Act 1983 (c. 20)
6B In section 37 of the Mental Health Act 1983 (as amended by the Sentencing Act 2020) (power of courts to order hospital admission etc)—
(a) in subsection (1A), for “273, 274” substitute “268A, 273, 274, 282A”;
(b) in subsection (1B), after paragraph (a) insert—
“(aa) a sentence falls to be imposed under section 268A or 282A of that Code if it is required by section 268B(2) or 282B(2) of that Code and the court is not of the opinion there mentioned;”.”
This amendment excludes an offender serving a serious terrorism sentence from the possibility of early release under the Criminal Justice Act 1982 and provides that a requirement to impose a serious terrorism sentence does not prevent a court from ordering the offender’s detention in hospital in cases where the offender suffers from a mental disorder.
Chris Philp
Amendment 10 amends section 32 of the Criminal Justice Act 1982 and it is to exclude the serious terrorism sentence in England and Wales from the power of the Secretary of State to make an order to release certain prisoners, as may be necessary in emergency circumstances. Amendment 11 amends section 264 of the Criminal Justice Act 2003, so that a serious terrorism sentence for those aged between 18 and 20, which is a sentence to detention, shall be for the purpose of the section considered as a sentence of imprisonment. These are all consequential to clauses that we have debated previously.
Amendment 12 is in several parts, but essentially it amends section 15 of the sentencing code, which provides for committal of dangerous offenders to the Crown court so the serious terrorism sentence is included and the court has power to commit. The purpose of the second part of the amendment is to ensure that the principal guidelines duty, which requires the court to consider any relevant guidelines that apply under section 59 of the sentencing code, is amended to include a reference at subsection (2) to the serious terrorism sentence, clarifying that the duty is subject to the provisions of the serious terrorism sentence that we debated a few days ago. The purpose of the third part of the amendment is to amend section 120 of the sentencing code, which provides the Crown court with the power to fine an offender instead of, or in addition to, any other sentence in disposal.
Amendment 13 inserts a reference to the serious terrorism sentence into section 262(3) of the sentencing code, referring the court to section 399 of that code.
As you will have gathered, Mr McCabe, these are technical or consequential amendments to various measures we debated earlier in the Committee’s proceedings.
Amendment 10 agreed to.
Amendments made: 11, in schedule 13, page 103, line 16, at end insert—
“(9) In section 264(7) (as amended by the Sentencing Act 2020) (application of provisions about consecutive sentences of imprisonment to sentences of detention), for “or 266” substitute “, 266 or 268A”.”
This amendment ensures that the provisions in section 264 of the Criminal Justice Act 2003 (dealing with treatment of consecutive sentences) will apply in relation to serious terrorism sentences including such sentences of detention in a young offender institution.
Amendment 12, in schedule 13, page 103, line 23, at end insert—
“(1A) In section 15 (committal for sentence of dangerous adult offenders)—
(a) after subsection (1) insert—
(1A) This section also applies where—
(a) on the summary trial of an offence specified in Schedule 17A triable either way a person is convicted of the offence, and
(b) the court is of the opinion that the circumstances are such that a serious terrorism sentence (see section 268A or 282A) may be required to be imposed.”;
(b) in subsection (6), for “a specified offence” substitute “an offence”.
(1B) In section 59(2) (provisions to which duty to follow sentencing guidelines is subject), after paragraph (g) insert—
“(ga) sections 268B and 282B (requirement to impose serious terrorism sentence);”.
(1C) In section 61 (sentencing guidelines: extended sentences and life sentences)—
(a) in the heading, after “extended sentences” insert “, serious terrorism sentences”;
(b) after subsection (2) insert—
(2A) Subsection (2B) applies where a court is required to impose a serious terrorism sentence for an offence.
(2B) In determining the appropriate custodial term for the purposes of section 268C(2)(b) or 282C(2)(b) (serious terrorism sentences: appropriate custodial term exceeding 14-year minimum), section 60 applies to the court as it applies to a court in determining the sentence for an offence.”
(1D) In section 120(2)(a) (exceptions to the general power to fine offender convicted on indictment), after sub-paragraph (ii) (but before the final “or”) insert—
(iia) paragraph (ba) (serious terrorism sentences),”.”
This amendment makes amendments to certain provisions in the Sentencing Code, which are consequential on the introduction of the new serious terrorism sentence.
Amendment 13, in schedule 13, page 104, line 10, at end insert—
“(4A) In section 262(3) (circumstances in which detention in young offender institution required), after “mentioned in” insert “—
(a) section 399(ba) (serious terrorism sentences);
(b) ”.”—(Chris Philp.)
This amendment makes an amendment to section 262 of the Sentencing Code consequential on the introduction of the new serious terrorism sentence.
Chris Philp
I beg to move amendment 14, in schedule 13, page 104, line 27, leave out paragraph (a).
This amendment removes an unnecessary consequential amendment.
Chris Philp
The purpose of the amendments is to remove unnecessary consequential amendments, which included a reference to a serious terrorism sentence in sections 273 and 274 of the sentencing code, which was advanced when the Bill was presented to Parliament. Paragraph (a) is removed to ensure legal clarity and the effect is to remove these amendments from the Bill.
Amendment 14 agreed to.
Amendments made: 15, schedule 13, page 105, line 6, leave out paragraph (a).
This amendment removes an unnecessary consequential amendment.
Amendment 16, schedule 13, page 106, line 11, at end insert—
“Rehabilitation of Offenders Act 1974 (c. 53)
10A In section 5 of the Rehabilitation of Offenders Act 1974 as it forms part of the law of England and Wales (as amended by the Sentencing Act 2020) (rehabilitation periods for particular sentences)—
(a) in subsection (1)(d), after ‘or section 250’ insert ‘or 252A’;
(b) in subsection (8)(f), before ‘of the Sentencing Code’ insert ‘or 252A’.”
This amendment and amendments 17, 18, 20 to 22, 24 and 27 to 29 add consequential amendments to ensure that young offenders given the new type of sentence introduced by clause 22(2) are treated in the same way, for various statutory purposes, as those serving an ordinary sentence of youth detention.
Amendment 17, schedule 13page 106, line 23, at end insert—
“Criminal Justice and Public Order Act 1994 (c. 33)
12A In section 25(5) of the Criminal Justice and Public Order Act 1994 (as amended by the Sentencing Act 2020) (restriction of bail for certain offenders: interpretation), in paragraph (a) of the definition of ‘the relevant enactments’, after ‘250’ insert ‘or 252A’.”
See the explanatory statement for amendment 16.
Amendment 18, schedule 13, page 106, line 25, at beginning insert—
“(1) The Crime and Disorder Act 1998 is amended as follows.
(2) In section 38(4) (as amended by the Sentencing Act 2020) (youth justice services to be provided by local authorities), in paragraph (i), after ‘250,’ insert ‘252A,’.
(3) In section 41(5)(i) (as amended by the Sentencing Act 2020) (accommodation that may be provided under agreement with the Youth Justice Board), in sub-paragraph (ii), after ‘250,’ insert ‘252A,’.”
See the explanatory statement for amendment 16.
Amendment 19, schedule 13, page 106, line 25, leave out “of the Crime and Disorder Act 1998”.
This amendment is consequential on amendment 18.
Amendment 20, schedule 13, page 106, line 32, at end insert—
“Criminal Justice and Court Services Act 2000 (c. 43)
13A (1) The Criminal Justice and Court Services Act 2000 is amended as follows.
(2) In section 62(5) (as amended by the Sentencing Act 2020) (sentences in relation to which electronic monitoring conditions may be imposed on release), in paragraph (d), after ‘250’ insert ‘or 252A’.
(3) In section 62A(4) (as amended by the Sentencing Act 2020) (exceptions from power to require imposition of electronic monitoring condition), in paragraph (b), after ‘250’ insert ‘or 252A’.
(4) In section 64(5) (as amended by the Sentencing Act 2020) (sentences in relation to which drug testing requirement may be imposed on release), in paragraph (d), after ‘250’ insert ‘or 252A’.
(5) In section 64A(8) (as amended by the Sentencing Act 2020) (power to require attendance at drug testing appointment: interpretation), in paragraph (c) of the definition of ‘sentence of imprisonment’, after ‘250’ insert ‘or 252A’.”
See the explanatory statement for amendment 16.
Amendment 21, schedule 13, page 106, line 36, at end insert—
“Sexual Offences Act 2003 (c. 42)
14A In section 131 of the Sexual Offences Act 2003 (as amended by the Sentencing Act 2020) (application of notification requirements and orders to young offenders), in paragraph (h), after ‘250’ insert ‘, 252A’.”
See the explanatory statement for amendment 16.
Amendment 22, schedule 13, page 107, line 21, at end insert—
“(6A) In section 263(4) (as amended by the Sentencing Act 2020) (sentences of detention to which provision about concurrent terms applies), after ‘250,’ insert ‘252A,’.”
See the explanatory statement for amendment 16.
Amendment 23, schedule 13, page 107, line 22, leave out from “264” to “after” on line 23 and insert “(as amended by the Sentencing Act 2020) (consecutive sentences)—
(a) in subsection (6A)(a),”.
This amendment is consequential on amendment 24.
Amendment 24, schedule 13, page 107, line 24, at end insert—
“(b) in subsection (7), after ‘250,’ insert ‘252A,’.
(8) In section 327(3) (as amended by the Sentencing Act 2020) (sentences attracting risk assessment measures for sexual or violent offenders), in paragraph (b)(v), after ‘250’ insert ‘or 252A’.
Domestic Violence, Crime and Victims Act 2004 (c. 28)
15A In section 45(1) of the Domestic Violence, Crime and Victims Act 2004 (as amended by the Sentencing Act 2020) (victims’ representations and information: interpretation), in the definition of ‘relevant sentence’, after ‘250’ insert ‘or 252A’.”
See the explanatory statement for amendment 16.
Amendment 25, schedule 13, page 107, line 26, at beginning insert—
“(1) The Armed Forces Act 2006 is amended as follows.”
This amendment is consequential on amendment 27.
Amendment 26, schedule 13, page 107, line 26, leave out “of the Armed Forces Act 2006”.
This amendment is consequential on amendment 27.
Amendment 27, schedule 13, page 107, line 29, at end insert—
“(3) In section 213(3A) (as substituted by the Sentencing Act 2020) (application of section 253 of the Sentencing Code), after ‘250’ insert ‘or 252A’.
(4) In section 227(3) (as amended by the Sentencing Act 2020) (minimum sentence for certain firearms offences), after ‘250’ insert ‘or 252A’.”
See the explanatory statement for amendment 16.
Amendment 28, schedule 13, page 107, line 36, at end insert—
“Counter-Terrorism Act 2008 (c. 28)
17A In section 45(1)(a) of the Counter-Terrorism Act 2008 (sentences attracting notification requirements), after paragraph (via) (but before the final ‘or’) insert—
‘(vib) detention under section 252A of the Sentencing Code (special sentence for terrorist offenders of particular concern aged under 18),’.”
See the explanatory statement for amendment 16.
Amendment 29, schedule 13, page 110, line 36, at end insert—
“Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)
18A In regulation 5(1) of the Children (Secure Accommodation) Regulations 1991 (as amended by the Sentencing Act 2020) (custodial sentences disapplying section 25 of the Children Act 1989), before ‘or 259’ insert ‘, 252A’.
Youth Justice Board for England and Wales Order 2000 (S.I. 2000/1160)
18B In article 4(2) of the Youth Justice Board for England and Wales Order 2000 (as amended by the Sentencing Act 2020) (functions exercisable by the Youth Justice Board concurrently with the Secretary of State)—
(a) in paragraph (a), before ‘or 259’ insert ‘, 252A’;
(b) in paragraph (m)(ii), before ‘or 259’ insert ‘, 252A’.
Child Benefit (General) Regulations 2006 (S.I. 2006/223)
18C In regulation 1(3) of the Child Benefit (General) Regulations 2006 (as amended by the Sentencing Act 2020) (interpretation of Regulations), in paragraph (a) of the definition of ‘penalty’, after ‘250,’ insert ‘252A,’.
Employment and Support Allowance Regulations 2008 (S.I. 2008/794)
18D In regulation 160(5) of the Employment and Support Allowance Regulations 2008 (as amended by the Sentencing Act 2020) (exceptions from disqualification for imprisonment: interpretation), in paragraph (c), after ‘250’ insert ‘, 252A’.
Employment and Support Allowance Regulations 2013 (S.I. 2013/379)
18E In regulation 96(6) of the Employment and Support Allowance Regulations 2013 (as amended by the Sentencing Act 2020) (exceptions from disqualification for imprisonment: interpretation), in paragraph (c), after ‘250’ insert ‘, 252A’.
Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988 (W.298))
18F In regulation 14(a) of the Children (Secure Accommodation) (Wales) Regulations 2015 (as amended by the Sentencing Act 2020) (sentences of detention disapplying section 119 of the Social Services and Well-being (Wales) Act 2014), after ‘250’ insert ‘, 252A’.”
See the explanatory statement for amendment 16.
Amendment 47, schedule 13, page 110, line 36, at end insert—
“Part 4A
Amendments in relation to sentencing under service law
Rehabilitation of Offenders Act 1974 (c. 53)
18G (1) The Rehabilitation of Offenders Act 1974 is amended as follows.
(2) In section 5 as it forms part of the law of England and Wales (rehabilitation periods for particular sentences)—
(a) in subsection (1)(d), after ‘or section 209’ insert ‘or 224B’;
(b) in subsection (8), in paragraph (f) of the definition of ‘custodial sentence’, after ‘209’ insert ‘or 224B’.
Criminal Justice Act 1982 (c. 48)
18H In section 32(1A) of the Criminal Justice Act 1982 (sentences excluded from early release of prisoners to make the best use of the places available for detention), in paragraph (ca) (inserted by Part 2 of this Schedule), at the end insert ‘, including a sentence passed as a result of section 219ZA of the Armed Forces Act 2006’.
Crime and Disorder Act 1998 (c. 37)
18I (1) The Crime and Disorder Act 1998 is amended as follows.
(2) In section 38(4) (youth justice services to be provided by local authorities), in paragraph (i), for ‘or 222’ substitute ‘, 222 or 224B’.
(3) In section 41(5)(i) (accommodation that may be provided under agreement with the Youth Justice Board), in sub-paragraph (ii), for ‘or 222’ substitute ‘, 222 or 224B’.
Criminal Justice and Court Services Act 2000 (c. 43)
18J (1) The Criminal Justice and Court Services Act 2000 is amended as follows.
(2) In section 62(5) (sentences in relation to which electronic monitoring conditions may be imposed on release), in paragraph (g), for ‘or 218’ substitute ‘, 218 or 224B’.
(3) In section 62A(4) (exceptions from power to require imposition of electronic monitoring condition), in paragraph (c), after ‘209’ insert ‘or 224B’.
(4) In section 64(5) (sentences in relation to which drug testing requirement may be imposed on release), in paragraph (g), for ‘or 218’ substitute ‘, 218 or 224B’.
(5) In section 64A(8) (power to require attendance at drug testing appointment: interpretation), in paragraph (f) of the definition of ‘sentence of imprisonment’, after ‘209’ insert ‘or 224B’.
Sexual Offences Act 2003 (c. 42)
18K In section 131 of the Sexual Offences Act 2003 (application of notification requirements and orders to young offenders), in paragraph (h), for ‘or 218’ substitute ‘, 218 or 224B’.
Criminal Justice Act 2003 (c. 44)
18L In section 237(1B) of the Criminal Justice Act 2003 (as amended by the Sentencing Act 2020) (service sentences to be treated as equivalent sentences in England and Wales) —
(a) omit the ‘and’ before paragraph (e);
(b) at the end of that paragraph insert—
‘(f) references to a sentence of detention under section 252A of the Sentencing Code include a sentence of detention under section 224B of that Act;
(g) references to a sentence under section 268A or 282A of the Sentencing Code include such a sentence passed as a result of section 219ZA of that Act.’
Armed Forces Act 2006 (c. 52)
18M (1) The Armed Forces Act 2006 is amended as follows.
(2) In section 188 (power to pass consecutive custodial sentences), in subsections (2)(b) and (4)(b), after ‘209’ insert ‘or 224B’.
(3) In section 209 (sentence of detention for offender aged under 18), after subsection (7) insert—
‘(8) This section does not apply if the Court Martial is required to impose a sentence of detention under section 224B.’
(4) In section 210 (place and conditions of youth detention), after ‘209’, in each place it occurs (including in the heading), insert ‘or 224B’.
(5) In section 211(4) (cases in which detention and training order not required), after ‘221A’ insert ‘, 224B’.
(6) In section 213(3A) (as substituted by the Sentencing Act 2020 and as amended by Part 4 of this Schedule) (application of section 253 of the Sentencing Code), after ‘209’ insert ‘or 224B’.
(7) In section 219A(1) (availability of extended sentence for certain violent, sexual or terrorism offences), after paragraph (d) (but before the final ‘and’) insert—
‘(da) the court is not required—
(i) by section 268B(2) of the Sentencing Code (as applied by section 219ZA(4) of this Act) to impose a serious terrorism sentence of detention in a young offender institution for the offence or for an offence associated with it;
(ii) by section 282B(2) of the Sentencing Code (as applied by section 219ZA(7) of this Act) to impose a serious terrorism sentence of imprisonment for the offence or for an offence associated with it;’.
(8) In section 223 (meaning of ‘the required opinion’)—
(a) after subsection (1) insert—
‘(1A) ‘The required opinion’ for the purposes of section 219ZA is the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of—
(a) further serious terrorism offences or other specified offences; or
(b) further acts or omissions that would be serious terrorism offences or other specified offences if committed in England or Wales.’;
(b) in subsection (4) (as amended by the Sentencing Act 2020), after the definition of ‘serious harm’ insert—
‘“serious terrorism offence” has the meaning given by that section;’.
(9) In section 224A (special custodial sentence for offenders of particular concern)—
(a) in subsection (1) (as amended by the Sentencing Act 2020), in paragraph (d)—
(i) omit the ‘or’ at the end of sub-paragraph (i);
(ii) after sub-paragraph (ii) insert ‘, or”;
(b) after subsection (3) insert—
‘(3A) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1A) to have been committed on the last of those days.’
(10) In section 227(3) (as amended by the Sentencing Act 2020) (minimum sentence for certain firearms offences), for the words from ‘, the reference’ to the end substitute ‘—
(a) the reference to a sentence of detention under section 250 of that Code is to be read as a reference to a sentence of detention under section 209 of this Act, and
(b) the reference to a sentence of detention under section 252A of that Code is to be read as a reference to a sentence of detention under section 224B of this Act.’
(11) In section 238(6) (as inserted by the Sentencing Act 2020) (offences aggravated by terrorist connection)—
(a) omit the ‘and’ at the end of paragraph (a);
(b) after paragraph (a) insert—
‘(aa) the reference in subsection (4)(c) to an offence not specified in Schedule A1 includes a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is not specified in Schedule A1, and’;
(c) in paragraph (b), for “(1)” substitute ‘(5)(b)’.
(12) In section 246 (crediting of time in custody), in subsection (6)(a), after ‘209’ insert ‘or 224B’.
(13) In section 256(1)(c) (cases where pre-sentence report to be considered), after ‘219(1),’ insert ‘219ZA(1)(d),’.
(14) In section 260 (as amended by the Sentencing Act 2020) (discretionary custodial sentences: general restrictions) —
(a) in subsection (1)—
(i) for ‘This section applies’ substitute ‘Subsection (2) applies;
(ii) after paragraph (c) insert—
(b) in subsection (4B), before paragraph (a) insert—
‘(za) section 268C(2) or 282C(2) of the Sentencing Code, as applied by section 219ZA of this Act (serious terrorism sentences for offenders aged 18 or over),’.
(15) In section 261 (as amended by the Sentencing Act 2020) (length of discretionary custodial sentences: general), in subsection (1), after paragraph (b) insert—
‘(ba) section 268A or 282A of the Sentencing Code as a result of section 219ZA (serious terrorism sentences),’.
(16) In section 262A (as inserted by the Sentencing Act 2020) (application of section 329 of the Sentencing Code)—
(a) after subsection (2) insert—
‘(2A) In subsection (4A)—
(a) paragraph (a) has effect as if, for “252A”, there were substituted “224B of the Armed Forces Act 2006”;
(b) paragraph (b) has effect as if, after “265”, there were inserted “passed as a result of section 224A of the Armed Forces Act 2006”;
(c) the words after paragraph (b) have effect as if, after “278”, there were inserted “passed as a result of section 224A of the Armed Forces Act 2006”.’;
(b) after subsection (3) insert—
‘(3A) Subsection (5A) has effect as if, at the end, there were inserted “passed as a result of section 219ZA(7) of the Armed Forces Act 2006.’;
(c) in subsection (4)—
(i) after the paragraph (a) treated as substituted in subsection (7) of section 329 of the Sentencing Code insert—
(ii) after the paragraph (d) treated as substituted in subsection (7) of section 329 of the Sentencing Code insert—
(17) In section 374 (interpretation of Act), in the definition of ‘custodial sentence’ (as amended by the Sentencing Act 2020), in paragraph (b), for ‘or 221A’ substitute ‘, 221A or 224B’.
Counter-Terrorism Act 2008 (c. 28)
18N In paragraph 5(1)(a)(iv) of Schedule 6 to the Counter-Terrorism Act 2008 (service sentences of youth detention attracting notification requirements for terrorist offenders), after ‘209’ insert ‘or 224B’.
Sentencing Act 2020
18O (1) The Sentencing Act 2020 is amended as follows.
(2) In section 225 (restriction on consecutive sentences for released prisoners), in subsection (3)(c)(vi), after ‘209’ insert ‘or 224B’.
(3) In section 241 (period of detention and training under detention and training order), in subsections (6)(b)(ii) and (7)(c), after ‘209’ insert ‘or 224B’.
(4) In section 248(4) (meaning of ‘relevant sentence of detention’), in paragraph (c), after ‘209’ insert ‘or 224B’.
(5) In Schedule 27 (transitional provision and savings), in paragraph 16(2), for the words from ‘, the reference’ to the end substitute ‘—
(a) the reference in section 224A(1)(d)(ii) of the Armed Forces Act 2006 to an extended sentence under section 266 or 279 of the Sentencing Code includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003;
(b) the reference in section 224B(1)(c)(ii) to an extended sentence of detention under section 254 of the Sentencing Code includes a reference to an extended sentence of detention under section 226B of the Criminal Justice Act 2003.’”
This amendment makes amendments to enactments which are consequential on the provisions of Schedule 8 to the Bill (changes to the sentencing regime under service law corresponding to those made to the sentencing regimes in England and Wales, Scotland and Northern Ireland).
Amendment 31, schedule 13, page 116, line 7. at end insert—
“Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))
30A In section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (as amended by Part 8 of this Schedule) (length of custodial sentences to be reduced for periods already spent in custody), after ‘Article’ insert ‘13A(6),’.
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
30B In Article 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (as amended by Part 8 of this Schedule) (rehabilitation periods for particular sentences), in paragraph (9)(b), after ‘Article’ insert ‘13A(6) or’.
Mental Health (Northern Ireland) Order 1986 (S.I. 1985/595 (N.I. 4))
30C In Article 44(1A) of the Mental Health (Northern Ireland) Order 1986 (sentences requirement to impose which does not prevent making of hospital or guardianship order), in sub-paragraph (c), after ‘13’ insert ‘, 13A’.
Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))
30D (1) The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.
(2) In Article 2(2) (meaning of expressions), in paragraph (b) of the definition of ‘custodial sentence’, after ‘13(4)(b)’ insert ‘, 13A(6)’.
(3) In Article 4(1) (power to grant absolute or condition discharge subject to certain sentencing requirements), after ‘13’ insert ‘, 13A’.
(4) In Article 10(1) (power to make probation order subject to certain sentencing requirements), after ‘13’ insert ‘, 13A’.
(5) In Article 13(1) (power to make community service order subject to sentencing requirements), after ‘13’ insert ‘, 13A’.
(6) In Article 15(1) (power to make combined probation and community service order subject to certain sentencing requirements), after ‘13’ insert ‘, 13A’.
Counter-Terrorism Act 2008 (c. 28)
30E In section 45(3) of the Counter-Terrorism Act 2008 (Northern Irish sentences attracting notification requirements), in paragraph (a), after sub-paragraph (iii) insert—
‘(iiia) a serious terrorism sentence under Article 13A(6) of that Order (offenders under 21 convicted of certain serious terrorist or terrorism-related offences),’.”
This amendment makes amendments to various enactments which are consequential on the introduction of the new serious terrorism sentence in Northern Ireland by clause 7.
Amendment 32, schedule 13, page 117, line 24, at end insert—
“Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))
31A In section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (length of custodial sentences to be reduced for periods already spent in custody), after ‘14(5)’ insert ‘or 15A(5)’.
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
31B In Article 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for particular sentences), in paragraph (9)(b), after ‘centre’ insert ‘, a sentence of detention under Article 15A(5) of the Criminal Justice (Northern Ireland) Order 2008’.
Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))
31C (1) The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.
(2) In Article 2(2) (meaning of expressions), in paragraph (b) of the definition of ‘custodial sentence’, for ‘or 14(5)’ substitute ‘, 14(5) or 15A(5)’.
(3) In Article 4(1) (power to grant absolute or condition discharge subject to certain sentencing requirements), for ‘or 14’ substitute ‘, 14 or 15A’.
(4) In Article 10(1) (power to make probation order subject to certain sentencing requirements), for ‘or 14’ substitute ‘, 14 or 15A’.
(5) In Article 13(1) (power to make community service order subject to certain sentencing requirements), for ‘or 14’ substitute ‘, 14 or 15A’.
(6) In Article 15(1) (power to make combined probation and community service order subject to certain sentencing requirements), for ‘or 14’ substitute ‘, 14 or 15A’.
Sexual Offences Act 2003 (c. 42)
31D In section 131 of the Sexual Offences Act 2003 (application of notification requirements and orders to young offenders), after paragraph (l) of that section as it forms part of the law of England and Wales and Scotland, and after paragraph (m) of that section as it forms part of the law of Northern Ireland, insert—
‘(n) a sentence of detention under Article 15A(5) of the Criminal Justice (Northern Ireland) Order 2008’.
Counter-Terrorism Act 2008 (c. 28)
31E In section 45(3) of the Counter-Terrorism Act 2008 (Northern Irish sentences attracting notification requirements), in paragraph (a), after sub-paragraph (iv) insert—
‘(iva) a sentence under Article 15A(5) of that Order (offenders under 21 convicted of certain terrorist or terrorism-related offences),’.”
This amendment adds consequential amendments to ensure that young offenders given the new type of sentence introduced in Northern Ireland by clause 24 are treated in the same way, for various statutory purposes, as those serving an ordinary sentence of youth detention.
Amendment 33, schedule 13, page 119, line 34, at end insert—
“Justice Act (Northern Ireland) 2016 (c. 21 (N.I.))
35 (1) In section 55(2) of the Justice Act (Northern Ireland) 2016 (prisoners who may be removed early from prison if liable to removal from the United Kingdom), for the words from ‘serving an’ to the end substitute ‘—
(a) who is serving an extended custodial sentence under Article 14 of the 2008 Order, or
(b) to whom Article 20A of that Order applies.’
(2) In the case of a person—
(a) who has been removed from prison under section 55(2) of the Justice Act (Northern Ireland) 2016 before the amendment made by sub-paragraph (1) comes into force, and
(b) to whom Article 20A of the Criminal Justice (Northern Ireland) Order 2008 applies,
subsection (3) of that section continues to apply to the person despite that amendment, but as if for the words ‘has served the requisite custodial period’ there were substituted ‘becomes entitled to be released in accordance with Article 20A of the 2008 Order’.”
This amendment excludes terrorist prisoners subject to the restricted regime for early release in Northern Ireland introduced by clause 30 from early removal from prison for the purpose of removal from the United Kingdom.
Amendment 34, schedule 13, page 119, line 34, at end insert—
“Parole Commissioners’ Rules (Northern Ireland) 2009 (S.R. (N.I.) 2009 No. 82)
36 (1) The Parole Commissioners’ Rules (Northern Ireland) 2009 are amended as follows.
(2) In rule 2(1) (application of the rules), after ‘Articles 18’ insert ‘, 20A’.
(3) In rule 7(2) (persons who may act as representatives of prisoner only with consent of Chief Commissioner), in paragraph (b), for the words from ‘sentenced to’ to the end substitute ‘who —
(i) is on licence having been released under Article 18 or 20A of the 2008 Order, or
(ii) is a person to whom Article 18 or 20A of that Order applies and who is on licence having been released under Article 20 of that Order;’.
(4) In rule 25 (application of rules to recalled life, indeterminate and extended custodial prisoners)—
(a) in the heading after ‘custodial’ insert ‘and terrorist’;
(b) in the words before paragraph (a), for ‘an indeterminate custodial or extended custodial prisoner’s case’ substitute ‘the case of a prisoner who was released on licence under Article 18 or 20A of the 2008 Order’.
(5) In rule 26 (short custodial terms)—
(a) for paragraph (1) substitute—
‘(1) Subject to paragraph (2), where—
(a) the Department of Justice refers to the Commissioners—
(i) the case of an extended custodial prisoner under Article 18 of the 2008 Order, or
(ii) the case of any prisoner under Article 20A of that Order, and
(b) the relevant part of the prisoner’s sentence is less than 26 weeks;
these rules shall apply subject to the modifications made by rule 25(a).’;
(b) after paragraph (2) insert—
‘(3) For the purposes of paragraph (1)(b), the “relevant part of the sentence”—
(a) in the case of an extended custodial prisoner to whom Article 18 of the 2008 Order applies, means one half of the appropriate custodial term of the sentence as defined by Article 14(4) or 14(6) of that Order;
(b) in the case of a prisoner to whom Article 20A of that Order applies, has the meaning given by paragraph (9) of that Article;
and in determining the length of that part any reduction required by section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 is to be taken into account.’”—(Chris Philp.)
This amendment makes amendments to Parole Commissioners’ Rules (Northern Ireland) 2009 which are consequential on the new arrangements for restricted early release of terrorist prisoners provided for in clause 30 of the Bill.
Schedule 13, as amended, agreed to.
Clause 49
Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act
Question proposed, That the clause stand part of the Bill.
Chris Philp
I will do my best to rouse more enthusiasm for clause 49 than its predecessor, schedule 13, managed to provoke in the Committee. I fear it may be an uphill task.
Clause 49 gives the Secretary of State the power to amend the sentencing code to incorporate changes to provisions made by the Bill using the power contained in section 419(1) of the Sentencing Act 2020. It is needed so we can, if required, ensure a consistent approach is taken to the amendment of the code, and the Bill, once enacted.
Question put and agreed to.
Clause 49 accordingly ordered to stand part of the Bill.
Clause 50
Power to make further consequential provision
Chris Philp
I beg to move amendment 1, in clause 50, page 41, line 30, at end insert—
“(7) In the Criminal Justice and Court Services Act 2000—
(a) in section 77 (supplementary and consequential provision), at the end insert—
‘(3) The provision which may be made under subsection (1) in relation to section 61 of this Act (abolition of sentence of detention in young offender institution etc) also includes provision amending or repealing—
(a) any provision of the Counter-Terrorism and Sentencing Act 2020,
(b) any provision of an enactment that was inserted or amended by, or by regulations made under, the Counter- Terrorism and Sentencing Act 2020’;
(b) in section 78(2) (meaning of ‘enactment’), after ‘in this Part’ insert ‘other than section 77(3)’.”
This enables the power in section 77 of the Criminal Justice and Court Services Act 2000 to make amendments consequential on the abolition by that Act of sentences of detention in young offender institutions to be used to deal with references to such sentences inserted by the provisions of this Bill.
Government amendment 1 enables a power in section 77 of the Criminal Justice and Court Services Act 2000. This power is to make any amendment that arises as a consequence of sentences of detention in a young offender institution being abolished by the Act. Should the DYOI be abolished, the power will be used to deal with references to DYOI sentences inserted by the provisions of the Bill.
Alex Cunningham (Stockton North) (Lab)
The amendment in the name of the Minister seeks to amend clause 50 to make reference to sections 77 and 61 of the Criminal Justice and Court Services Act 2000. Despite his introduction, it is unclear what the Minister’s intentions really are. As members of the Committee will be aware, sections 59 and 61 of the 2000 Act allow for the abolition of the special sentence for the detention of a young adult in a young offender institution. The explanatory note to the 2000 Act—passed under a Labour Government, mind you—sets out the policy reason behind that:
“it is now widely accepted that 18, and not 21, is the age of”
maturity, and
“there is no logic in having a separate sentence for those aged between 18 and 20 years old, and those aged 21 and over.”
That almost kills my arguments of the last few days—but it does not, because, despite the provisions being in place for two decades, the 2000 Act to which the amendment refers is yet to be implemented. I, for one, am quite happy about that, but it prompts the question of why the Government’s amendment draws on a 20-year-old piece of outdated legislation. What is the Minister’s intention?
In the 20 years since the 2000 Act was passed, a considerable amount of work has been done on the age of maturity, and it is now widely accepted, as I have said on numerous occasions, that 25 is considered by many to be a more suitable age of maturity. As such, it would be deeply concerning if the Government had any ambition at all to enact the Criminal Justice and Court Services Act. The impact of doing so would be that offenders as young as 18 would be held in prison alongside adults potentially double their age or more. That could be hugely damaging, not only to the individuals but to the hope of rehabilitation too.
The Minister has provided the Committee with a guarantee that he has no intention of housing young offenders caught up in the provisions in the Bill alongside adult prisoners. Many may see this as a technical matter, but there are some very real dangers, as I have alluded to, and I am sure the Committee would welcome a further reassurance from the Minister that the Government have no intention whatsoever of using the Criminal Justice and Court Services Act to imprison young people alongside adults.s
Chris Philp
I understand this to be a technical amendment to ensure legislative consistency between the Bill and the Criminal Justice and Court Services Act. I am not aware of any plans to change the current detention arrangements. I do not believe that the reference is designed to pave the way to do that. It is just a technical amendment to ensure legislative consistency.
Alex Cunningham
Will the Minister be specific? He says he does not think that there is any intention, but it could lead to young people being imprisoned alongside adults. Will he give that assurance to the Committee again? Not understanding or not being aware of something is not good enough.
Chris Philp
I am not the Prisons Minister, I am the Courts Minister, but I am not aware of any plans at all in the Ministry of Justice to change the current detention arrangements. None have been brought to my attention, either generally or in connection with the Bill. I can go and double-check with the Prisons Minister, and I will write to the hon. Gentleman, if he would like me to do that.
Amendment 1 agreed to.
Question proposed, That the clause, as amended, stand part of the Bill.
Chris Philp
Clause 50 gives the Secretary of State the power to make consequential, transitional, transitory or saving provisions by regulation, in relation to provisions in the Bill, by secondary instrument.
Question put and agreed to.
Clause 50, as amended, accordingly ordered to stand part of the Bill.
Clause 51
Extent
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 51 explains the territorial extent of the provisions in the Bill, which we debated quite extensively, because many of the clauses applied separately to England and Wales, Scotland and Northern Ireland, owing to the different legal systems in the three jurisdictions. The Bill contains provisions that extend to all of those areas. Provisions that change existing legislation are applicable only to the territories to which the existing legislation extends. Certain provisions can also, in some circumstances, be extended to the Channel Islands or the Isle of Man, as per the powers specified in this measure.
Question put and agreed to.
Clause 51 accordingly ordered to stand part of the Bill.
Clause 52
Commencement
Chris Philp
I beg to move amendment 2, in clause 52, page 42, line 8, at end insert—
“, except as mentioned in subsection (3)(zf)”.
This amendment is consequential on amendment 8.
The Chair
With this it will be convenient to discuss the following: Government amendments 4 to 6.
Government amendment 8.
Chris Philp
These are more technical amendments. Amendment 2 allows the changes being made to the Sentencing Act by clause 21 and schedule 6 of the Bill to apply to the service courts, which we debated earlier. Amendment 8 also allows changes made by the Bill to the Sentencing Act, which come into force on Royal Assent or two months later, to apply to the service courts. Amendment 4 allows changes being made to the Sentencing Act by clause 1 and schedule 1 of the Bill, which apply to the service courts as well as civilian courts, to be brought into force separately if necessary for the service courts. Amendment 5 should be read in conjunction with amendment 6 to allow changes being made to the Sentencing Act by clauses 11 and 15 to 18 of the Bill, which apply to the service courts as well as civilian courts, to be brought into force separately for the service courts.
Chris Philp
I beg to move amendment 3, in clause 52, page 42, line 23, leave out sub-paragraph (vii) and insert—
“(vii) Parts 8 and 9 of that Schedule.”
This amendment and amendment 7 correct a drafting error and provide that Part 8 of Schedule 13, which makes amendments consequential on clause 24 of the Bill, comes into force at the same time as clause 24.
Chris Philp
Amendment 3 is designed to correct drafting relating to the early commencement of the Bill’s provisions in clause 52, and amendment 7 is designed to correct a drafting error at clause 52 of the Bill, again concerned with commencement provisions.
Amendment 3 agreed to.
Amendments made: 4, in clause 52, page 42, line 26, at end insert
“, except as mentioned in subsection (3)(za)”
This amendment is consequential on amendment 8.
5, in clause 52, page 42, line 30, leave out “18” and insert “10”
This amendment is consequential on amendment 8.
6, in clause 52, page 42, line 30, at end insert—
“(ea) section 11, except as mentioned in subsection (3)(zb);
(eb) sections 12 to 14;
(ec) section 15, except as mentioned in subsection (3)(zc);
(ed) section 16, except as mentioned in subsection (3)(zd);
(ee) sections 17 and 18, except as mentioned in subsection (3)(ze);”
This amendment is consequential on amendment 8.
7, in clause 52, page 42, line 46, leave out sub-paragraph (iii) and insert—
“(iii) Part 7 of that Schedule.”
See the explanatory statement for amendment 3.
8, in clause 52, page 43, line 2, at end insert—
“(za) section 1 (and Schedule 1), as they have effect for the purposes of section 69 of the Sentencing Code as applied by section 238 of the Armed Forces Act 2006 (as amended by the Sentencing Act 2020);
(zb) section 11, as it has effect for the purposes of section 323 of the Sentencing Code as applied by section 261A of the Armed Forces Act 2006 (as inserted by the Sentencing Act 2020);
(zc) section 15, as it has effect for the purposes of Schedule 18 to the Sentencing Code as applied by sections 219A and 221A of the Armed Forces Act 2006 (as amended by the Sentencing Act 2020);
(zd) section 16, as it has effect for the purposes of section 256 of the Sentencing Code as applied by section 221A of the Armed Forces Act 2006 (as amended by the Sentencing Act 2020);
(ze) sections 17 and 18, as they have effect for the purposes of sections 268 and 281 of the Sentencing Code as applied by section 219A of the Armed Forces Act 2006 (as amended by the Sentencing Act 2020);
(zf) section 21 (and Schedule 6), as they have effect for the purposes of Schedule 13 to the Sentencing Code as applied by section 224A of the Armed Forces Act 2006 (as amended by the Sentencing Act 2020);”
This amendment provides for certain of the sentencing provisions of the Bill to be brought into force by regulations so far as they apply for the purposes of service law.
9, in clause 52, page 43, line 4, at end insert—
“(c) Part 4A of Schedule 13 (and section 48 to the extent that it relates to that Part).”—(Chris Philp.)
This amendment provides for the new Part 4A of Schedule 13 (see amendment 47) to come into force by regulations made by the Secretary of State (reflecting the position for the provisions to which the
Clause 52, as amended, accordingly ordered to stand part of the Bill.
Clause 53
Short title
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 53 gives the shortened title for the Bill when it is cited, which will be the Counter-Terrorism and Sentencing Act 2020.
Question put and agreed to.
Clause 53 accordingly ordered to stand part of the Bill.
New Clause 1
Review of deradicalization programmes in prisons
“(1) Within one year of this Act being passed, the Secretary of State must publish and lay before Parliament a comprehensive review of the impact of the provisions of this Act on the effectiveness and availability of deradicalization programmes in prisons.
(2) The review must include an assessment of the following matters—
(a) the effectiveness of existing programmes at reducing radicalization and terrorist offending;
(b) how individuals are assessed for their suitability for a programme;
(c) the number of individuals assessed as requiring a place on a programme;
(d) the number of individuals assessed as not requiring a place on a programme;
(e) the average length of time individuals assessed as requiring a place on a programme have to wait to start a programme; and
(f) whether there is sufficient capacity and resource to meet demand for places on deradicalization programmes in prisons.
(3) The review must consider how the provisions of this Act have affected the matters listed in subsection (2).”—(Alex Cunningham.)
This new clause requires a review of the impact of the Act on deradicalization programmes in prisons.
Brought up, and read the First time.
Alex Cunningham
I beg to move, That the Clause be read a Second time.
We have talked in great detail about the many provisions in the Bill, but we have also talked about the many missing provisions, best evidenced by my hon. Friend the Member for St Helens North, who discussed Prevent and the need for an end date for the report on its effectiveness to come into place.
One key area where we could do better in is the deradicalisation programmes in prison. While the minimum sentencing for terror offences has been increased, there is a suggestion that we could simply be delaying inevitable further offences unless we take action to use the offender’s time in prison to deradicalise them. We can only do that if there is an effective deradicalisation programme in place.
We have heard evidence that few people convicted of terrorism offences go on to commit further crimes, but some do. We have also heard evidence that these programmes are not entirely fit for purpose; perhaps, with these new longer minimum sentences, they really need a good overhaul. That is why the new clause has been tabled: to ask the Secretary of State to conduct a review of the impact of the provisions of the Bill on the effectiveness and availability of deradicalisation programmes in prison. Perhaps the Government could just tag it on to the Prevent inquiry and get two for the price of one.
The impact assessment for the Bill claims that longer incapacitation of terrorist offenders will enable
“more time in which to support their disengagement and rehabilitation through the range of tailored interventions available while they are in prison.”
However, the amount of time during which individuals have access to deradicalisation programmes in prison is not a key factor in determining their success or otherwise; rather, it is the effectiveness and the availability of the programmes in prison that has come under increasing scrutiny.
We need to know what is happening in prisons. What programmes are being delivered, who are they delivered to, who are they delivered by, when are offenders undertaking the programmes, how many deradicalisation programmes one offender in for a minimum sentence is expected to cover, and how is the success of programmes delivered? Those are just some of the questions that such a review would look into.
We need to understand the effectiveness of the programmes, where they work, where they do not and what can be improved. Currently, the main deradicalisation programme in prisons is called the Healthy Identity Intervention, which delivers one-to-one, individually tailored sessions. It is supplemented by the Desistance and Disengagement Programme, which can be offered to both prisoners and those released on licence.
Neither the Healthy Identity Intervention or the Desistance and Disengagement Programme courses have undergone any form of evaluation process to date, so perhaps the Minister will agree that a formal review is long overdue. It is a key part of our justice system, and rehabilitation should be at the centre of that, because people are released back into society. Putting someone back into society who has not been rehabilitated simply increases their chances of reoffending.
I remember the evidence from some of our witnesses—in particular from Mark Fairhurst who, at the start of his evidence, spoke of the role of key workers, the Parole Board and a range of professionals working with the offender. It was all very positive and very much to be welcomed. He went on, however, to say that an extended sentence, where an offender serves their whole sentence in prison,
“incentivises people not to behave correctly or to go on deradicalisation courses.”––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 30 June 2020; c. 69, Q145.]
All the more reason why Ministers should understand more about how the deradicalisation system works for the offender and for society.
I would particularly like to see data on the average length of time for which an individual has been assessed as needing to undergo a deradicalisation programme before they actually undertake it. I am concerned that in such cases time is of the essence. The offender is likely to feel incredibly hostile to a system that has just imprisoned them. There cannot be an indefinite wait for them to be put on to a programme if they are willing to do it. Not getting on with it just allows more time for further radicalisation and mistrust of the legal and justice system.
In addition to that evidence, Professor Andrew Silke, who has studied efforts to deradicalise those in prison for terrorism offences, has reported that some prisoners who said that they were willing to participate in a programme were never put on one before their release. That could easily be rectified. We cannot and must not take chances. We need to ensure that the programmes are readily available as and when they are needed, and that there are no delays due to capacity issues or availability.
Where insufficient resources or structures are found in prisons, the Secretary of State must take action to resolve that. They must provide the resources to ensure that it is not a lottery and that no risks or gambles are being taken on the rehabilitation of a terror offender. It is really surprising that the Bill has nothing to say on what measures will be taken to ensure that effective deradicalisation programmes are available to individuals in prisons who need them. Arguably, simply by increasing the length of time that people spend in custody the provisions of the Bill risk further alienating them and giving them grounds for grievance against the authorities, placing them at greater risk of radicalisation.
Alex Cunningham
I am grateful to my hon. Friend for that intervention. I have no doubt that she is correct. Young people are far more able to change their ways and benefit from the programmes. It is therefore essential that these programmes are in place. That is why I have spent most of my time in the past couple of weeks talking specifically about young people and how they differ from older people.
We all agree that rehabilitation is desirable and preferred, and a core cog in our justice system. Let us commit ourselves not only to talk about it, but to learn about it and ensure we deliver an effective system. The evidence so far to the Committee has suggested that it is not always effective. We need to deliver on that.
I am hopeful that the Minister will accept that a review is needed and that we need a greater understanding, just as we will have with the Prevent strategy. We need that greater understanding to ensure that the terror offenders have the support—and it is support—that they need in prison, so that when they are released into society, they can be the sort of citizens that we need them to be.
Chris Philp
I am grateful to the shadow Minister for raising this extremely important issue. As we heard in evidence a couple of weeks ago, most people who come out of prison having served a terrorism sentence do not go on to reoffend, as the shadow Minister said. I recall that the figure we were given was that only 5% to 10% of those prisoners released go on to commit subsequent terrorism offences. Thankfully, that is a low rate of recidivism, although it is very serious when it happens.
The shadow Minister asked why there are not more deradicalisation measures in this legislation. That is because most of our deradicalisation work and programmes are done operationally inside the Prison and Probation Service; they are not specified in legislation. Let me say, however, that a great deal is being done in this area. The Healthy Identity Intervention programme is one area to which the shadow Minister has referred.
We have doubled the number of specialist probation officers. As per earlier legislation, we are creating a new counter-terrorism assessment and intervention centre, set up as part of the new counter-terrorism StepUp! programme; it represents a major shift in our capability to intervene with terrorist offenders, including young terrorist offenders in exactly the way the shadow Minister was discussing earlier.
Alex Cunningham
The Minister was in full flow and doing very well, but I am interested in the statement he made that the Government have already doubled the probation capability in this area. I invite him to explain what he meant by that statement and say what the timescale is for this new centre, which sounds as if it is on the money.
Chris Philp
The proposals that have been made will double the number of probation officers who specialise in counter-terrorism and deradicalisation work. The new counter-terrorism assessment intervention centre will do the work I was just describing, including identifying the risk people pose and getting the right specialists to work with them to reduce their risk while they are in prison. That has to be the right approach. That is a significant change and evolution in the way in which we deal with this particular cohort.
The shadow Minister mentioned the programme that is already in place—the Healthy Identity Intervention programme—which I think has merit as well.
It is a one-to-one programme that supports desistance and disengagement from extremism by targeting the social and psychological drivers of that behaviour. That intervention is delivered by highly trained psychologists and probation officers in prisons, but also—critically—with offenders on licence after they have left prison.
2.45 pm
The work being done already is valuable; the enhanced work via the new counter-terrorism assessment intervention centre that I described will go even further. I hope that illustrates the direction of travel. We want to do more in this area, for the reasons discussed, and ongoing evaluation of that will be part and parcel of the Government’s approach. There will be the normal three-year review of the legislation, of course—I suspect I may make that comment more than once as we discuss the coming 11 new clauses. That standard three-year review will be a useful and valuable checkpoint to see whether the measures that I have just described are having the desired effect.
Alex Cunningham
I would say that 5% to 10% of people reoffending in a terrorist way is 5% to 10% too many.
Alex Cunningham
The Minister is nodding his head. He may have misinterpreted what I am trying to achieve with the new clause. He was saying that he does not want the detail of how we do deradicalisation in the Bill, but that is not what I am asking. I am asking for a review of how the process is working in prisons; I am not asking for details on how deradicalisation is done to be in the Bill.
The Minister originally said that the probation capability had already been doubled within the service, but in response to my intervention he said that that was a plan yet to be properly implemented. He also talked about the specialist centre, but did not answer the question of what the timescales were. There are an awful lot of unknowns here.
The Minister said that he hoped that what he had to say indicated or illustrated the direction of travel. It did, but we do not seem to be getting anywhere fast, and for that reason I wish to press the new clause to a Division.
Question put, That the clause be read a Second time.
Alex Cunningham
I beg to move, That the clause be read a Second time.
When I became shadow Justice Minister for courts and sentencing, one of the things that I was most interested in was how our justice system treats women in particular. We know that women are less likely to commit violent offences and make up about 5% of the overall prison population in the UK—although, having said that, I should say that the figure has doubled in recent times. Is that because women are committing more violent offences than ever before? No, it is not. According to Women in Prison, 80% of women entering prison have committed a non-violent offence. In 2017, 30% of all prosecutions of women were for evading the television licence fee. Just 4% of prosecutions of men were for the same offence.
We can debate the failures and merits of imprisonment as an effective or even moral punishment for a non-violent offence, but we are here to talk about counter-terrorism and sentencing. We want to put the issue down of the differences in sentencing between men and women. We need to consider the impact of our policies on all people. The new clause would require the Secretary of State to lay before Parliament a review of the effects of the Bill on women, including the differential effects on sentencing, on the release of terrorist offenders, and on the prevention and investigation of terrorism. The review must also consider the impact of the Bill on the physical and mental health of women.
Many women lose their homes and possessions when going to prison and are consequently released homeless. We often focus much on sentencing and punishing people for their crimes, but we do not do nearly enough, or invest anywhere near enough, to ensure that people get on the right track when they leave prison. When they leave prison and are homeless, and perhaps imprisonment has damaged relationships with their family and friends, they may feel that returning to crime is their only option. If an individual returns to crime because they do not have the support to build a better life for themselves, it is we who have failed.
The issue is not just about accommodation and material possessions. Only 9% of children whose mothers are in prison are cared for by their fathers in their mother’s absence. Just 5% of children remain in their family home when a mother goes to prison. We cannot apply a one-rule-fits-all approach, because one rule does not fit all, and we must recognise the difference in circumstances, outcome and impact that sentencing women has compared with sentencing men.
The review would help us as lawmakers to establish where further policy developments are needed to address any unexpected or undesirable impacts of the new legislation. That could then have an impact on the length of sentence that a woman terrorist received. We would like to know the impact on children if a mother is sentenced to prison for a terror offence. What happens to children to ensure that they do not develop a distrust of the justice system, which can lead to radicalisation? How do we introduce measures that are sensible, proportionate and smart?
I hope that the Minister will be able to tell me what research the Government have done on how approaches to women’s sentencing and licensing differ from those of men in the context of the Bill, and how the Government are recognising and acting on that difference.
Chris Philp
To state the obvious, the measures in the Bill apply equally to men and women. No distinction is made between them. A full equalities assessment was undertaken as part of the preparation for the Bill and has been publicly published. Indeed, it suggests that men will far more affected by the Bill than women, because far more men, unfortunately, commit terrorist offences.
That assessment of gender impact in the context of the Bill has been undertaken already, but Ministers and other public servants operate under further statutory obligations that will ensure that the Bill is implemented in an even-handed manner. For example, section 149 of the Equality Act 2010 places a duty on Ministers and the Department to have due regard to the need to eliminate unlawful discrimination, harassment, victimisation and other prohibited conduct. Moreover, article 14 of the European convention on human rights is engaged.
I understand that there are wider issues to do with sentencing and how female offenders are treated. Those are perfectly legitimate questions, but as far as the Bill, which is about terrorism, is concerned, men and women are treated equally. We have had the equalities impact assessment already and, for the purpose of terrorism legislation, that goes far enough. I am sure that we will debate on many occasions the wider questions of sentencing and prisons policy in relation to men and women, but as far as this Bill is concerned, that has been adequately addressed.
Alex Cunningham
I am grateful to the Minister for his explanation. If the Government recognise all their other statutory obligations in relation to women, that is a positive thing. On that basis, I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 3
Financial impact assessment report
“(1) The Secretary of State must, within three years of this Act being passed, lay before Parliament a report on the financial impact of the provisions of this Act.
(2) That report must separately consider the financial impact of—
(a) extended sentences on the prison estate;
(b) extended licence periods;
(c) any increased staffing resources required for Her Majesty‘s Prison and Probation Service;
(d) the extended offenders of particular concern regime; and
(e) adding polygraph testing to certain offenders’ licence conditions.
(3) The report may consider other financial matters.
(4) The report must compare the financial impact of the Act with the Impact Assessment for the Counter-Terrorism and Sentencing Bill published by the Ministry of Justice on 18 May 2020.”
Brought up, and read the First time.
Alex Cunningham
I beg to move, That the clause be read a Second time.
New clause 3 would require the Secretary of State to lay before Parliament a report on the financial impact of the provisions of the Bill. In that report, the financial impact must be considered, as set out in new clause 3, as consisting of:
“(a) extended sentences on the prison estate;
(b) extended licence periods;
(c) any increased staffing resources required for Her Majesty‘s Prison and Probation Service;
(d) the extended offenders of particular concern regime; and
(e) adding polygraph testing to certain offenders’ licence conditions.”
As the Minister knows, Labour backs the Bill, but we are a little disappointed at the Minister’s considerable reluctance to examine the consequences of the Bill with the reviews and reports that we have called for—not to take up his time, but to inform him and his successors. Above all, however, we know that for the provisions in the Bill to be implemented and effective, there needs to be the resource behind it and the financial support to address the issues that we have raised in Committee, even if they are not addressed in the final Bill, such as deradicalisation programmes.
The Ministry of Justice has estimated that the Bill will only result in an extra 50 prisoners and reckons that the cost will be contained to around £16 million a year. During an earlier discussion last week, we talked about numbers—about which numbers were right and which might be difficult or misunderstood. The Minister replied:
“We can extrapolate how many of those 50 are aged between 18 and 21, as we discussed in the previous sitting. I do not think that number is the annual flow or the number of convictions per year. As I understand it, it is the impact on the total prison population. Given that these sentences are quite long, one would expect that the annual flow into the system affected by these serious terrorism sentence provisions would be somewhat lower than that.”––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 2 July 2020; c. 133.]
When I challenged him on that number, asking whether it was an annual number or in fact the total number over a long period of time, he said:
“I will double check that number, but my understanding, which I will check, is that as a consequence of the measures the total prison population will increase by 50, which is different from an extra 50 people extra flowing in each year.” ––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 2 July 2020; c. 134.]
Alex Cunningham
I will give way when I am ready, but I am going to refer to the Minister’s letter, because he has written to me; I appreciate that he took the time to do so. He said in that letter:
“Our impact analysis has identified that, in steady state, the provisions may result in fewer than 50 additional prisoners per year, and fewer than 50 additional probation caseload. These are based on historical volumes of convictions and assumes that trends in sentencing remain stable. These impacts relate solely to the effect of longer periods in custody on the number of prison places required, and longer periods on licence with their associated effects on probation caseloads, not to an increased number of sentences.”
I believe that there is a recognition there from the Minister that there is a cumulative effect and that the number is not less than 50; in fact, there could be considerably more people in the system, particularly after a given number of years, and perhaps especially so after 10 years.
I now give way to the Minister.
Chris Philp
I think what I said in my original speech and intervention was correct. As a result of the changes in the Bill, we think that at any one time there will be 50 more people in prison than would otherwise be the case. I think I said that in my original speech, and it was correct.
Alex Cunningham
That leaves me rather confused. The Minister says that his original speech was correct, and I assume that he is also saying that his letter to me was also correct, but as far as I can see those two things conflict. In his letter, he said that
“Our impact analysis has identified that, in steady state, the provisions may result in fewer than 50 additional prisoners per year”.
I emphasise that: “per year”. He goes on in his letter to give a bit more detail; perhaps quoting this will be helpful. He says, in a paragraph towards the end of his letter that I will read in full:
“For further insight, the most recent Home Office statistical publication on the ‘Operation of police powers under terrorism legislation’ shows in the year to December 2019”
—that is, in one year—
“there were 65 individuals charged with a terrorism or related offence, of which 2 (3%) were under age 18 and 10 (15%) were aged 18-20. Twenty-two of those charged were convicted in 2019, of which 1 (5%) was under 18 and 4 (18%) were aged 18-20. We do not expect the Bill to have a notable impact on such small volumes.”
That was the number of charges per year, and 22 people were convicted in 2019. If 22 people are convicted in each of the next four or five years, that is 100 additional people alone. I cannot quite understand what the figures really are. Are they correct in the letter or in the Minister’s original statement to the House?
Chris Philp
I think they are correct in both. There is the stock, and there is the flow. The stock is the number of extra people in prison as a consequence of the measures, which could be 50. The flow is the number of people going into prison each year who might be affected by these provisions, which will be less than 50.
On the numbers that the hon. Member just quoted—the various convictions that occur—not all of those will necessarily be affected by the provisions in the Bill. I realise there are a lot of numbers floating around, but those figures are internally consistent. I would be very happy to sit down in a cold, dark room and go through them again. There is consistency.
Alex Cunningham
I am grateful to the Minister for that intervention. I think it is I who needs a dark room somewhere to try to settle my head on this issue, but it would be a good idea if we could have specific clarification from the Minister at some time in the future.
I acknowledge the relatively small numbers—very small numbers—in this illustration of young people, but it does not matter whether it is one young person or a hundred. We need to treat them in a very different way from the way we treat people in the adult population, either by allowing them to have a counsellor present when they undergo a polygraph test or through the way that pre-sentencing reports are prepared for them prior to sentencing.
Bearing in mind that we do not know what numbers we are playing with now, can the Minister tell us whether the financial cost that has been identified for the new provisions will cover the additional cost of housing prisoners; the additional cost of creating spaces for new prisoners; the additional cost of having more than one specialist centre; the additional cost of having further specially trained prison officers; the cost for probation services of expanding the sentence for offenders of a particular concern regime; the impact of longer licensing on the National Probation Service; the new use of polygraphs; and the impact on youth offender teams? Such measures always have ripple effects, so we ask the Secretary of State to lay before the House within three years a report on the real financial impact of all these things.
There should never be an issue of resources when it comes to justice matters. We should ensure that prisons are properly staffed and that those staff are properly supported, be it for their personal security or to provide them with adequate services when they suffer mental illness as a result of their job—services that we heard are currently inadequate.
We should recognise the challenges that the justice system is facing. The Minister has tried to reassure us that the Government have a handle on the crisis in the courts, with hundreds of thousands of cases yet to reach them. Justice is being chronically underfunded. The Lord Chancellor simply does not have the resources he needs to do his job properly, so I struggle to have much faith that the measures in the Bill would be properly backed up financially.
I am sure the Minister will try to reassure me that all will be well and that there is plenty of cash to meet all the costs that the Bill will result in. Good! He could demonstrate his confidence in his statement by commissioning the report covered by this new clause.
Chris Philp
It is a pleasure to respond to the points that the shadow Minister has just made. I think I answered the points about numbers in my intervention on his speech, so let me speak to the financial cost. The financial cost of the measures proposed in the Bill has been comprehensively assessed in the impact assessment. Because the numbers are so small—an increase in the prison population of 50, or far fewer than 50, per year—the actual financial impact will be extremely small in the context of Her Majesty’s Prison and Probation Service’s budget. Let us remind ourselves that around 80,000 people are in prison, so an additional 50 will not represent a substantial impact in that context
When discussing the previous new clause, I spoke a little about the wider deradicalisation work, the new team and the increased investment in specialist officers who work with radicalised prisoners. An extra £90 million for this year was announced for counter-terrorism policing—catching people in the first place and preventing terrorist atrocities from taking place—which is a substantial increase in spending on exactly the police who are active in this area, so the resourcing is being increased. The total budget for the prison and probation service is substantially higher this year than last year, which I think will be welcome.
On a review, the Bill will clearly have a very small financial impact on the prison and probation service’s total budget. Were we to review this along with the other 11 proposed reviews before us, we would do nothing but reviews all day. The financial review will probably be well caught up in the general financial reviews we conduct anyway and the debates we have on prison and probation funding. I do not think a further review would shed any additional light on that.
Alex Cunningham
I beg to move, That the clause be read a Second time.
The new clause asks for an oral statement, not a review. The Minister is probably relieved that he would not have to carry out yet another review, but on the basis that he is not carrying out any, I do not know why it has proven a problem to him.
The new clause would require the Secretary of State to make an oral statement to the House of Commons on the effects of the provisions of the Bill on the functions of the Parole Board. The statement must be made before the provisions come into force relating to the life or indeterminate sentences for serious terrorism offences and the removal or restriction of early release for terrorist prisoners. It must also explain the intended role for the Parole Board in the release of prisoners affected by the matters in subsection (2); what, if any, expert assessment of such prisoners will be undertaken before they are released; who will carry out any such expert assessments; and whether any steps will be taken to compensate for the loss of intelligence gathering from a reduction in Parole Board interviews.
The Minister may well say that there is no need for such a report or statement, most likely because he has sacked the board from its role in relation to offenders given indeterminate sentences. That would be sad, and I hope the Minister will take some time between now and Report in a couple of weeks’ time to reflect on how the Parole Board’s expertise could have a role in the assessment and rehabilitation of this particular group. The Parole Board has an unparalleled wealth of experience in managing offenders and assessing risk. We must ensure that experience is used, rather than abandoned.
As well as being asked to assess risk, the Parole Board plays a vital role in providing an incentive for prisoners to reform, and to respect each other as well as prison officers. It also provides intelligence vital to the work of the police and security agencies. I know that the prospect of early release is a key tool—probably the key tool—in the work of the Parole Board, but that is not a good enough single reason to turn our backs on it. The Bill intends to do away entirely with the Parole Board for those convicted of serious terrorist offences, yet we have been given no specifics as to what will replace its role. The Ministry of Justice assures us that no prisoner will be released back into the public realm without being risk-assessed, but we have heard no further detail as to how those assessments will take place, who will carry them out, or how frequently they will be conducted. Quite simply, the Bill removes a vital piece of the rehabilitation and monitoring of prisoners, and nothing has been offered to replace it.
Those who work for the Parole Board are experts in their field, and there is huge concern among Opposition Members that no assessor will be able to meet the standard of scrutiny currently offered by the Board. Ad hoc assessments conducted by unknown persons using unknown methods is just not good enough, and risks leaving us with prisoners released into communities under the supervision of services that will not have the benefit of the expertise that Parole Board members bring. That is an unacceptable risk, and we need assurances from the Government about what their plan is. Can the Minister explain what these assessments will look like, what qualifications the assessor will have, and how they will be appointed? Can he also explain the rationale for removing the Parole Board’s role, and why he thinks this new system that has yet to be clearly defined is better placed to carry out those assessments? Parliament deserves to understand the rationale behind these Government plans.
Chris Philp
The changes we made back in February, through the Terrorist Offenders (Restriction of Early Release) Act 2020, extend the remit of the Parole Board. Previously, terrorist offenders who were released early at the half-way point when serving standard determinate sentences would have been released with no prior consideration by the Parole Board. Now, the Parole Board will consider them prior to release at the two-thirds point, or subsequently if not referred at that point, so those changes dramatically expanded the Parole Board’s involvement with terrorist prisoners. Secondly, the Parole Board will of course still be involved with terrorist prisoners serving indeterminate sentences.
There is one remaining cohort: the very small minority of serious terrorist offenders who we have been debating during consideration of this Bill, those who will serve their full sentence in prison and will not be considered by the Parole Board prior to their release. The shadow Minister asked about the process that will take place in relation to that small minority of prisoners. As we touched on while taking evidence, a whole range of measures are taken to make sure those prisoners are properly managed and risk-assessed. The existing multi-agency public protection arrangements are at the core of that: they have been well-documented and well-reviewed, including by Jonathan Hall, so we know exactly what they are. Those measures also include the work done by the Prison and Probation Service, both in prison and afterwards on release, and work done in conjunction with CT policing.
Where the Parole Board will not be involved in a prisoner’s release decision, all those agencies will continue to be heavily involved in their risk assessment, working with the prisoners on deradicalisation where that is possible and managing them in prison and then in the community afterwards where it is not possible. I think we asked one of our witnesses, although I forget which one, whether they had confidence in those arrangements—MAPPA, the prison service, the probation service and the police—and the witness was very clear that they did. I have confidence in them as well.
Taiwo Owatemi (Coventry North West) (Lab)
Once again, it is a pleasure to serve under your chairmanship, Mr McCabe.
I speak in support of new clause 5, in the name of the hon. and learned Member for Edinburgh South West, which calls on the Secretary of State to review the effect of the measures in the Bill on children and young offenders. Much of the new clause relates to young offenders, and I agree that the impact of this Bill on them must be huge. We simply cannot treat young offenders in the same way as fully matured, grown adults, who fully understand their actions. The impact on their mental and physical wellbeing should be a fundamental consideration on how we carry out justice in this country.
The new clause also leaves room to consider the more general impact on children who are not accused of a crime. Children are often victims in the pursuit of justice, when they have done nothing to deserve the situation or warrant being the victims of a crime. All too often, children of offenders will pay the price for their parents’ crimes. This crime will also have serious effects on women. Only 9% of children whose mothers are in prison are cared for by their fathers, in the absence of their mothers. Only 5% of children remain in their family home when their mother goes to prison. A fifth of women prisoners are lone parents before imprisonment.
I am not aware of the background of Members in this Committee, but I cannot imagine how it must be for a child to see their parents taken away from them for a long period of time and having to live in a different way, with different people. Victims of crime never deserve to be so. It is imperative that this House recognise the true impact of our legislative decisions and how they affect the most vulnerable, in this case children. We support this new clause on that basis.
The young offenders of today do not have to be the reoffenders of tomorrow, but we need to make an effort and carry out the research to stop that happening. There will be children and young offenders caught up in terror crimes. It would be naive of us to think that there is any crime that children cannot be drawn into, but we have a choice about how we respond. We have the opportunity to ensure that they are not defined by the actions of their youth and that the actions of others will not disproportionately affect their lives.
I hope that the Minister will be able to support this new clause, as we do, and act to acknowledge that we must put the focus on how children and young offenders are treated and impacted.
Chris Philp
I thank the hon. and learned Member for Edinburgh South West for moving the new clause, and for the eloquence and passion with which she described its various component parts.
The Bill already treats people under the age of 18 very differently from those aged over 18. It has different provisions, as we have already debated. Therefore, people who are children in the legal sense of the term—people who are under the age of 18—are already treated completely differently by the Bill, compared with those over the age of 18.
In relation to those aged between 18 and 20, 18 and 21, or 18 and 24, depending on where the line is drawn, there is clearly a wider debate to be had about the way that their brains mature and about the opportunity to reform those people, compared with people who are a little bit older. However, in the context of the Bill, I emphasise that we are talking about the most serious terrorist offenders. We are not talking about the average 20 or 21-year-old. We are talking about people who have committed the most serious terrorist offences.
It is worth reminding ourselves what level of severity has to be met before somebody gets the mandatory 14-year minimum term, all of which gets spent in prison. To qualify for that sentence, it has to be a serious terrorist offence. The offender has to be found to be dangerous—a finding that the judge makes on reading a pre-sentence report, so the judge can take that into account. It has to be an offence—one of the most serious offences—that ordinarily carries a life sentence. Most chillingly of all, it has to be an offence where there was a risk of causing multiple deaths, and the person carrying out the offence would have known or should have known about that. So we are talking about offences of the most exceptional gravity.
Ruth Cadbury
I entirely accept the important point that the Minister raises and how the issue is about severity. However, Labour Members keep raising the point about maturity. Whether it is stealing apples or being involved in planning a major terrorist incident where loss of life is potential or actual, maturity is an issue. As colleagues have said several times, and there is a raft of evidence, young people under 21—they get more mature as they get nearer 25—are at risk of coercion and radicalisation, and their very immaturity draws them into these crimes, however severe. All we ask in this new clause is that there should be a review and that maturity should be taken into account, in the same way that it is now taken into account in the context of sentencing those over 18.
Chris Philp
I appreciate the hon. Lady’s intervention and the sentiments behind it, but I am not sure I entirely agree that this very small number of offences can be compared with the theft of apples. We are talking about a tiny handful of people who have committed the most serious offences where multiple people could have been killed and where the judge has found that the offenders are dangerous. Had they simply been misled, or coerced even, it might be open to interpretation as an exceptional circumstance, although we expect the exceptional circumstance derogation to be extremely rare—as the name implies, it is truly exceptional. Should truly exceptional circumstances exist, there is that opportunity open to the judge, but it would have to be truly exceptional.
To emphasise again how small the numbers are, the shadow Minister, the hon. Member for Stockton North, reading out my letter when we debated a previous clause, said that, last year, in 2019, of the 22 people convicted of terrorist offences, only four were aged between 18 and 20, and not all of those would meet the criteria for the serious terrorist sentence that we are talking about, so the numbers are microscopically small, thankfully, for those aged between 18 and 20. There is also the exceptional circumstance override, and we are talking about offences of the most serious kind, which have to pass three or four different hurdles before qualifying for the assessment that we have just described. In that context, where the offending is so serious and the risk so grave, the approach being taken is a reasonable one, but I accept the more general point about maturity in other, less serious contexts.
On the question of a review, given that the numbers are so very small, I am not wholly convinced that a bespoke review is the right thing to do, but, of course, there will be a regular review, as I might say frequently in the coming clauses, at the three-year mark, where it is right that the matter gets considered.
The hon. and learned Member for Edinburgh South West raised some points that will require consideration. It might well be that nobody at all aged 18 to 20 ends up being affected by this measure, in which case it will be a pretty short consideration. Mandating it by statute is not necessary. There are other review mechanisms. As we saw when we debated the Prevent review earlier, if we have too many statutory reviews, we end up tripping over our own shoelaces by failing to meet all the deadlines that we have created.
The questions are serious. I understand and respect them. We will need to debate them in future, quite properly and rightly, but putting this measure in the Bill is a step that we do not need to take this afternoon.
Joanna Cherry
I thank the Minister for taking on board some of the points that I have made. In response to his points, first, I accept that this is only for the most serious terrorist offences. I completely accept that, and I accept that the numbers of children and young people who are so sentenced may be very small, but the important thing is that, if we have a young person or child convicted of a serious terrorist offence, and given the evidence we have heard about the opportunity to deradicalise and rehabilitate, there is all the more reason to try to make sure that that opportunity is taken.
All we are asking for is a review. If it turns out that the numbers are small, as is expected, it will not be a complex or time-consuming review. Although I am not going to push my new clause to a vote, I anticipate bringing it back to the Floor of the House. I would appreciate it if the Minister, in the spirit in which he responded, could take the evidential concerns away and consider what could be done specifically to measure the impact of this legislation on children and young offenders across these isles. I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 7
Review of legislation: Northern Ireland
“(1) On an annual basis from the day of this Act being passed, a report that reviews the application of the provisions of this Act in Northern Ireland must be published and laid before both Houses of Parliament by the Secretary of State.
(2) Annual reports under subsection (1) must be produced in consultation with the Northern Ireland Minister for Justice and the Northern Ireland Executive —(Conor McGinn.)
This new clause ensures that all measures in the Bill as they pertain to Northern Ireland shall be reviewed annually with the Northern Ireland Minister for Justice and the Northern Ireland Executive, and a report shall be published and laid before both Houses of Parliament.
Brought up, and read the First time.
Chris Philp
I thank the shadow Minister for introducing new clause 7, which would, along with other proposed new clauses, create a veritable snowstorm of statutory reviews. I appreciate the comments he made about the tools available to the Opposition, which I hope not to have to avail myself of in the near future—who knows what might happen?—but I would say that the Opposition have many tools at their disposal, which they frequently use, including debates, questions, parliamentary questions, Freedom of Information Act requests, and so on and so forth. There is no shortage of methods, quite rightly, by which any Government may be properly held to account by Parliament.
On Northern Ireland particularly, we fully recognise that it has a unique history and that terrorism is interwoven into some parts of that. We have taken very careful time—a great deal of time—to make sure that we have not in any way interfered with or unpicked the very important provisions in the Belfast agreement, because we do not want to do anything that interferes with or undermines that very important agreement. However, matters of national security and terrorism are reserved matters and, as far as possible, we would like to have a consistent position, which is broadly speaking what the Bill seeks to do.
I understand there are issues of sensitivity, which the Justice Minister in Northern Ireland, Naomi Long, has raised with the Ministry of Justice here in London; it sounds as if she has also raised them with the shadow Minister. As I said in response to an intervention on our very first day of line-by-line consideration, we are in the process of having a very detailed, in-depth dialogue on those issues and are going through them one by one. Whether it is before or after the Bill is enacted, as I hope it will, I put on the record that we will always engage sensitively and deeply with the Northern Ireland Administration and, of course, the Government in Scotland in these areas, recognising how important they are to all parts of the United Kingdom. I assure the hon. Gentleman that that will be done with sensitivity and receptiveness.
On a statutory obligation to conduct a further review, I have mentioned my general position. Given Parliament’s ability to question and debate, to FOI and so on and so forth—there is no lack of scrutiny—I do not think that a further statutory review would add anything to the process. I accept the point, however, that we need to keep a close eye on these matters and be in continued and close dialogue with all our colleagues in the various Administrations, in Belfast and Holyrood in particular.
Conor McGinn
I thank the Minister for his comments. The only part I would challenge is the claim that there is no lack of scrutiny in Parliament, as we have a body that is tasked with overseeing scrutiny and overviewing all these matters that has not yet been reconstituted—the Intelligence and Security Committee. It is clear to me from discussions with colleagues in Northern Ireland, and given the dialogue that the Minister has had with the hon. Member for East Lothian and the hon. and learned Member for Edinburgh South West that he is acting in good faith and is keen to resolve any outstanding matters with the devolved legislatures. It is important to put on record that that is very much the message that I have received. I encourage him to continue those discussions.
The Minister is right to assert that it is clearly a reserved matter, but there are elements that require a legislative consent motion, which will be difficult to get through the Northern Ireland Assembly. If the Justice Minister has reservations about it, one can only imagine what other parties in the Assembly and the Executive might have to say. I encourage him to continue those discussions. I am happy to assist him in finding a resolution and a way forward, because it is important that we get it right. On that basis, I will not press the clause to a vote and I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 8
Lone terrorists: Review of strategy
‘(1) The Secretary of State must commission a review and publish a report on the effectiveness of current strategies to deal with lone terrorists.
(2) A review under subsection (1) must be conducted by a person who meets the criteria for qualification for appointment to the Supreme Court, as set out in section 25 of the Constitutional Reform Act 2005.
(3) A review under subsection (1) must consider—
(a) counter-terrorism policy;
(b) sentencing policy as it applies to terrorist offenders;
(c) the interaction and effectiveness of public services with respect to incidents of lone terrorist attacks.
(4) For the purposes of subsection (3)(c), “public services” includes but is not limited to—
(a) probation;
(b) the prison system;
(c) mental health services;
(d) local authorities; and
(e) housing providers.
(5) The Secretary of State must lay a copy of the report before Parliament.
(6) A Minister of the Crown must, not later than 3 months after the report has been laid before Parliament, make a motion in the House of Commons in relation to the report.’—(Conor McGinn.)
This new clause ensures that the Government orders a judge-led review into the effectiveness of current strategies to deal with lone terrorists including, but not exclusively, current counter-terrorism and sentencing policy.
Brought up, and read the First time.
Conor McGinn
I do. My hon. Friend has eloquently outlined the development of the terrorist threat and its changed dynamics, as well as the fundamental point that hatred and terrorism does not discriminate. It is not homogeneous, because it is perpetrated by different people with different motives, nor does it discriminate, because fundamentally other people are hurt by it.
In asking for this, we are saying to the Government that those three attacks in different places, perpetrated by different people with no connections, over a relatively short space of time, provide evidence of a new and increasing threat. Coupled with the increase in right-wing extremism and the manifestation of that through referrals to Prevent and arrests, that needs to be looked at very carefully. Things have moved on since Lord Anderson’s very good report in 2017.
It is time that the Government looked at that again to identify the issues Lord Anderson raised and what they have done to break down some of the barriers that he identified in 2017 that were preventing us from apprehending these people at various junctures throughout their journey—from starting out with an extremist ideology to, on their own, as lone actors, committing the most heinous crimes, causing the types of suffering, hurt and heartache that were expressed so eloquently earlier today.
Chris Philp
The hon. Member for St Helens North has raised an important matter: the problem of lone wolf attackers acting outside recognised group structures. We have seen, in those incidents that he referred to, the terrible impact of the actions of those people who, while they are acting alone, none the less cause devastating consequences for the victims of their actions. We should take the threat they pose extremely seriously.
Since those first two events—at Fishmongers’ Hall and in Streatham—we have moved to change the law in a number of areas. First, we introduced emergency legislation—the Terrorist Offenders (Restriction of Early Release) Act 2020—which came into force on 26 February. As we know, that ended the automatic early release of terrorist prisoners and instead moved their release point to two thirds with Parole Board consent or later if not given, followed by the period on licence. We have legislated today to ensure that there is at least a year on licence, even where they serve their full term. That was one element of the response to those events to which the hon. Gentleman referred.
Of course, this legislation we are debating is part of that response, making sure that those most serious offenders are physically prevented from harming the public by incapacitation, which is a second important element of the Government’s response. The third element was a review of the MAPPA—multi-agency public protection arrangements—which the Home Secretary and the Lord Chancellor commissioned in the aftermath of the Fishmongers’ Hall attack from Jonathan Hall QC, whom we met a couple of weeks ago, to see what more we can do to ensure that those agencies are working together where opportunities arise to identify somebody who might pose a threat to the public. That work was extremely important.
It is worth saying that in the three years since March 2017, 25 different attacks have been foiled so, while it is of course a tragedy that any attacks at all happen, the measures taken have disrupted, foiled and prevented 25 atrocities that might otherwise have taken place. Now would be a good time, in that context, to extend our thanks and gratitude to counter-terrorism police and the security services, who have done that work to keep us and our constituents safe these past few years.
The hon. Gentleman’s point about the need to be vigilant on this topic is well made. My colleague the Security Minister, my right hon. Friend the Member for Old Bexley and—
Chris Philp
The hon. Member for St Helens North is more familiar with parliamentary constituencies than I am. My hon. Friend the Security Minister is working on this and I am sure, in a spirit of cross-party co-working, he would be willing to sit down and have a chat, possibly a confidential chat, with the hon. Gentleman about the work that is going on in this area.
It is a good topic to debate and to think about. I have made my views on statutory reviews clear and I will not repeat them, but this is a topic that Parliament should be considering. We have been discussing it ourselves, because these threats do exist and we need to do everything we can on prevention, not only through policing, but through other forms of intervention. The spirit of the hon Gentleman’s comments is one I embrace and agree with, while very gently and politely resisting another statutory review.
Conor McGinn
I was going to put the new clause to a vote, but I thank the Minister for his very generous offer—
Alex Cunningham
I beg to move, That the clause be read a Second time.
New clause 9 would require a mental health assessment of an individual who has committed a terror offence to be carried out annually for the duration of their sentence and their term on licence. It would also require that where a mental health condition is found, or where there has been a deterioration of a mental health condition since the previous assessment, the Secretary of State must take measures to treat the mental health condition.
I am not a mental health professional and I do not claim to understand the psychology behind why somebody commits or plans to commit an act of terrorism, but it strikes me as eminently sensible to carry out regular mental health assessments of those who have committed an offence under the Bill, not because there is any correlation between having a mental health condition and committing acts of terrorism, but because mental health conditions can turn people into who they are not. By treating mental health conditions, we can provide support and reduce the chance of further criminal acts being carried out when a prisoner is released.
This is not just about preventing terrorism; it is about how we treat each other as people. It is common for people to wander down the wrong path. Of course, some paths are much more dangerous than others and it is right that people are appropriately sentenced for their crimes, but I can only imagine what it is like to be in prison for years on end. A few hours in my local Holme House Prison in Stockton is certainly enough for me. I cannot fathom what impact being in prison for a long sentence has on an individual’s mental health year after year, and time spent in prison without receiving treatment can make an existing mental health condition much worse. The individual released into society after their prison sentence has been served is left to struggle with their mental health condition. It is a recipe for disaster, but we can take simple precautions to address the problem.
Prisons and the Government have a duty of care for the physical and mental wellbeing of people in our prisons, and they should stay on top of any identified mental health conditions in order to best support offenders in their rehabilitation, so that they can make the most of deradicalisation programmes and rejoin society without any mental health illnesses blocking their way. That way, we can ensure that we have covered all the bases, that we are providing what should be basic necessities, such as mental health treatment, and that we are helping people on their way to becoming citizens who can contribute positively to society.
I recognise that mental health services in this country need much more resources, and they are often inadequate for people in the general population. That is another task for the Government: to establish high-quality mental health services for all. The new clause could take the pressure off community health services in the longer term by ensuring that people convicted of terrorist charges are as healthy as they can be when they return to society. I look forward to hearing what the Minister has to say.
Chris Philp
Let me again thank the shadow Minister for raising a very important point. We know mental health can often contribute to, or perhaps even cause, significant portions of offending, including some elements of terrorist offending—not all terrorist offending, but certainly some. It is certainly an important area that we need to be very conscious of.
It is already a fundamental aspect of the health and justice system that we have processes in place to identify, assess and then treat offenders with a wide range of mental health needs, both in custody and throughout the criminal justice process. The intervention that the shadow Minister calls for is already inherent in the way the system operates. The NHS long-term plan already stipulates that all prisoners, not just terrorist prisoners, receive an early reception screening and an assessment within the first 24 hours of entry into the prison system, followed by a second screening within seven days. Decisions about whether to provide mental health treatment are made on the basis of identified clinical need. The mental health teams that work in this area have clear clinical pathways describing such referrals. Prisoners in custody, but also those out on licence, are monitored for mental health issues. Where mental health problems are identified, they are referred and treated, including if there is a change in their condition—a deterioration, as the new clause describes it.
Regarding the capacity to provide treatment, I am sure that as constituency MPs we are all aware of the importance of building mental health treatment capacity. I was pleased that over the past year or two, recent announcements in relation to NHS funding have included a lot more funding for mental health treatment facilities in the NHS, which will treat prisoners as much as they will treat people who are not in custody. The spirit of the new clause is an entirely reasonable one, but it is already inherent in how the system operates that people are medically screened and monitored, with appropriate treatment following, as it should. I acknowledge the importance of identifying and treating mental health conditions in all offender cohorts, including terrorist offenders.
Alex Cunningham
I am grateful to the Minister for his helpful response, but if mental health services in prisons reflect mental health services in wider society, I am worried, because we know how inadequate mental health services across our country currently are. That is something to which the Government need to give extra attention. The Minister has talked about extra investment in mental health, which is welcome; however, even though I will withdraw the new clause, I suggest that at some time in the future he comes to the House and talks about some of the issues around mental health in prisons, so we can gain a greater understanding of what is and is not happening. I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 10
Review of legislation: National Probation Service
“(1) Within 18 months of enactment, the Secretary of State must commission a review and publish a report on the impact of the provisions in the Act on the National Probation Service.
(2) A review under subsection (1) must consider—
(a) the probation support provided to offenders convicted for terrorist offences;
(b) how probation support provided to offenders convicted for terrorist offences has varied since implementation of this Act;
(c) the—
(i) type; and
(ii) number
of specialist staff employed by the National Probation Service to work with terrorist offenders;
(d) the—
(i) training;
(ii) assessed skill level; and
(iii) assessed experience
of specialist staff employed by the National Probation Service to work with terrorist offenders;
(e) the turnover of probation staff;
(f) the average length of service of probation staff;
(g) the non-staff resources provided to manage offenders convicted for terrorist offences; and
(h) the adequacy of the operating budget of the National Probation Service.
(3) A report under subsection (1) may make recommendations to improve the probation support to terrorist offenders.
(4) Where a report has made recommendations under subsection (4), the Secretary of State shall respond within 2 months.
(5) The Secretary of State must lay a copy of the report under subsection (1) before Parliament.
(6) A Minister of the Crown must, not later than 3 months after the report has been laid before Parliament, make a motion in the House of Commons in relation to the report.”—(Alex Cunningham.)
Brought up, and read the First time.
Alex Cunningham
I beg to move, That the clause be read a Second time.
I would be doing a disservice to the many probation officers and others working in the service if I did not raise the issue of what has happened to our probation service in recent times. I am personally delighted that probation is no longer out there with a load of private organisations, but has been brought back in house. I hope that the necessary improvements will take place so we can deliver an effective probation service in future.
New clause 10 would require the Secretary of State to commission and publish a report on the impact of the Bill’s provisions on the National Probation Service, its support for terrorist offenders and various specialist staffing and resource matters, and to respond within two months to any recommendations made in the report.
The work of the probation service is to assess and monitor risk, but it is also to provide support while trying to change an individual’s mindset so that they have a second chance, are less likely to reoffend, and can take up a positive role in society. It is true that terror offences can pose problems in this area: many individuals convicted of such offences are motivated by strong political views and actively do not want to change. This is one of the reasons why it is appropriate to have specialism within the probation service. At the same time, it is important to not lose sight of the rehabilitative purposes of probation, even if those sometimes have to be secondary to the risk management purpose.
Let us remember that there are particular issues that affect the rehabilitation of terror licensees, even if they are strongly engaged with desistance. Those include rejection by family and community, a sense of hopelessness and that they will never be trusted again, and fear on the part of educational and volunteer organisations and employers. Community-led organisations that do not focus exclusively on terror licensees sometimes have the best chance of getting honest and sustained engagement from that challenging group. If no one is ever speaking to those people in such a way that their barriers come down, how are we actually going to know what is going on? How are we going to know what interventions are needed to stop reoffending?
Very long licence periods such as those proposed in the Bill are, in practice, very similar to life or other indeterminate sentences, and have the same consequences for probation staff and for the rehabilitation prospects of licensees. They increase workloads for highly specialist and rare probation staff and can make rehabilitation and risk assessment more difficult by reducing the incentives to engage and co-operate. Specialist probation officers are thinly spread and consequently hold very high case loads of terror-related cases—more than 120% the normal rate. That level is appallingly high and the Government recognise that it needs to come down.
Research shows that more time spent with offenders is essential for proper assessment and rehabilitation, but that is not possible with such high case loads. More time requires more money. I have already addressed the need for financial reports on the impact of the Bill in new clause 3. The very long licence cases, such as lifers and those with indeterminate sentences, are a special challenge for probation staff because they never really come off their case loads, even as more new cases are constantly added.
On Second Reading, the Secretary of State referenced doubling the size of the probation terrorism unit. However, as I said earlier today, it is not clear exactly what difference that will make to the service’s capacity, given that the provisions in the Bill will change demand in ways that are hard to predict. It is not even clear what he meant by doubling the unit. I hope the Minister will tell us a little more. I invite him yet again to tell us what that means, what the Government are going to do and when that is going to happen.
Longer licences will significantly increase demand on the probation service, while ending some early releases could help to spread the resource. The general issue with increasing the number of probation specialists is that they can only be recruited from experienced staff. In recent years, the service has been hollowed out and huge amounts of experience lost. Lots of generalist roles will need to be backfilled with newly qualified staff before the more experienced staff can move into specialist roles.
I have a host of questions for the Minister this afternoon. What modelling has the Department done of the expected net effect of the changes the Bill makes on the total probation case load in the years and decades to come? How many new staff will be required to join the terrorism unit to manage the increasing case loads? That will have to be factored into the current recruitment drive. Have the Government assessed the extent of overtime and emergency working that may be needed in the terrorism-related probation unit until sufficient numbers of trained staff are available? Have Ministers considered the consequences for standards of monitoring and for staff welfare and retention? Will the Government commit to reducing the case load of specialist probation officers, not just in line with other probation staff, but by significantly more in recognition of currently higher case loads and the difficulty of those cases? Will they set up a strategy and targets to achieve that?
As there is with other counter-terror work, there can be a lot of secrecy around the work of counter-terror probation staff. Our professional officers do their best in the most difficult of circumstances and often go beyond what can reasonably be expected of them, yet mainstream probation staff often have little knowledge or confidence in their ability, for example, to recognise the early signs of extremism. It may turn out that some recent incidents have occurred despite contact with non-specialist probation staff. Not every probation staffer can be a specialist, so there may be a need for some amount of counter-terror training for all, so that signs can be spotted even where no terrorist link or offence has been identified in the past. Will there be counter-terror training for all probation officers? The growth in far-right extremism may mean that we need more people to be able to spot that early on. Have the Government considered establishing counter-terror as a more formal and funded specialism in probation, like integrated offender management?
We have already talked about the impact of the Bill’s removal of early release and the fact that that might lead to lower engagement with rehabilitation and deradicalisation programmes. That would make the task of probation staff even harder. The National Probation Service needs some serious attention from the Government, but I hope that, having brought the service back totally in-house now, we will see those improvements in future.
Without an effective and fully funded service, the intentions behind the Bill fall to pieces. That is why we have tabled the new clause requiring the Government to review the impact of the Bill on the National Probation Service. We cannot simply increase the responsibility and case load and consider the matter closed, because if there are more than the estimated 50 new prisoners, we will have other things to consider. There will be the longer sentences and longer licences as well, all creating more work, but without the resource to back it up. Let us be clear: effective probation working is essential to monitor the risks that offenders on licence pose; it is no less essential than counter-terror policing or intelligence work, yet the probation service is again under-resourced at a much lower level, and is paid far less attention than some other services.
I have asked the Minister a wide range of questions and I look forward to his detailed responses. Ultimately we need him to tell us exactly what action his Government will take to sort out the issues raised and ensure that the National Probation Service can get on with its day-to-day role, before we turn to the particular issues raised by the Bill.
Chris Philp
Clearly, the probation service is important and I pay tribute to the thousands of men and women who work in that service helping to rehabilitate offenders, and by so doing keep the public safe. Several questions have arisen, some of which would probably be better directed at the Prisons and Probation Minister, but I will attempt to answer some of them to give the shadow Minister a flavour of what is going on.
First, in terms of overall resourcing levels, the spending review last September laid out a significantly increased funding package for the Prison and Probation Service, which is, as we speak, flowing to the frontline. Another spending review is coming this autumn, and the hon. Gentleman will no doubt study that carefully to see what is in it for the Prison and Probation Service, and indeed the Courts and Tribunals Service, but the spending review last September was good news for the probation service in terms of financial support.
The shadow Minister also referred to community rehabilitation companies coming in house. The restoration of a comprehensive National Probation Service run directly by the Ministry of Justice is something that I suspect everybody involved in the criminal justice system will welcome, and it will provide an opportunity to do a lot more with the offender cohorts that the hon. Gentleman referred to in his speech.
Earlier this year—I think it was in January—a host of announcements were made in relation to counter-terrorism, one component of which was the extra £90 million for counter-terrorism police. It was also announced that we would double the number of specialist probation officers who focus on terrorist prisoners. We will also be creating the new counter-terrorism assessment and intervention centre that I talked about a little earlier. I am not sure whether all prison and probation staff will have counter-terrorism training. I will have to let the hon. Gentleman know, but given that only 200 or so prisoners out of a population of approximately 80,000 are in for terrorist offences, he can draw his own conclusions about the numbers. However, I will check with my colleague, the Prisons and Probation Minister, and come back to him on that specific point.
In relation to the new clause itself and the desire for a review of the probation service, once again there are already good mechanisms in place to review the probation service. I point in particular to Her Majesty’s inspectorate of probation, whose duty it is to conduct on an ongoing basis—not just after 18 months, but the whole time—precisely the kind of review that the new clause calls for. I hope that the hon. Gentleman is content to rely on the excellent work that Her Majesty’s inspectorate of probation does in conducting the analysis that he calls for in his new clause.
Alex Cunningham
I very much welcome the increased resources that the Minister says are flowing into the frontline, but everything that we have heard from him today suggests that that is a work in progress. We do not yet know how many new probation officers are being trained; we do not know when the new centre to which he alluded will open; and we do not know how we will end up with more than one facility to accommodate terrorist offenders in future.
I hope that the Minister will consider writing to members of the Committee to tell us exactly where we have got to with all the new investment and where the money is being spent; how many probation officers we had before the funding was made available and how many we have now; and what the timeline is to complete the doubling of the resource in the service. Similarly, I would like to understand when the new facilities will actually be available, because if we are going to accommodate people in prison for a longer time, we must ensure that there are appropriate centres.
I see no sense in pressing the new clause to a vote. As the Minister said, people out there are working extremely hard and we pay tribute to them, but we must always be mindful that, due to the lack of resource, the probation service is not operating in the way that professional officers would like. I hope that the Minister’s confidence in the new resource package will bear the fruit that we all want to see. I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 11
Review of legislation: Effectiveness of inter-agency cooperation
‘(1) The Secretary of State must commission a review and publish a report on the effectiveness of agencies working to manage an individual who is serving a sentence affected by this Act.
(2) A review under subsection (1) must consider—
(a) the effectiveness of the transition when an individual who is serving a sentence affected by this Act is transferred from the responsibility of one agency to another;
(b) the procedural safeguards that are put in place to ensure an effective transition; and
(c) the processing and transfer of information and intelligence from one agency to another.
(3) For the purposes of this section “agencies” includes but is not limited to—
(a) police;
(b) the prison system;
(c) intelligence services;
(d) probation services;
(e) mental health services;
(f) local authorities; and
(g) housing providers.
(4) The Secretary of State must lay a copy of the report before Parliament.
(5) A Minister of the Crown must, not later than 3 months after the report has been laid before Parliament, make a motion in the House of Commons in relation to the report.’—(Alex Cunningham.)
Brought up, and read the First time.
Chris Philp
I sense a certain appetite for brevity, so I will endeavour to achieve that in my response. I entirely agree with the points about the importance of inter-agency working. Many different agencies will encounter offenders or potential offenders at different times, and it is of course critical that they work together.
For that very reason, following the terrible attacks at the end of last year, the Government commissioned Jonathan Hall QC, the Independent Reviewer of Terrorism Legislation, to carry out a review of the effectiveness of multi-agency public protection arrangements—exactly the kind of cross-agency working to which the shadow Minister refers. I believe that report is now with my colleagues, who are carefully considering its findings. We will publish the report, which is on exactly the topic that the shadow Minister wants us to review, at the earliest opportunity, so this may be an area where the shadow Minister not only gets a report but gets it perhaps earlier that he would otherwise have expected, which is a nice note to end on.
The shadow Minister is quite right that cross-agency working is important. We intend to make sure that it happens in the effective way that it should, and Jonathan Hall’s report will be an important part of that.
Alex Cunningham
Success at last. I can leave the Committee Room a happy man. I will not press the new clause to a vote, but it is important. Communications are central. Across all public services, we see a lack of communication leading to all manner of horrors in our society—children dying, terrorists recommitting offences; all manner of things happen because the communication is not right. It is clear that the Minister understands the importance of this. I look forward to Jonathan Hall’s report; I am sure that it will be good bedtime reading. I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
Question proposed, That the Chair do report the Bill, as amended, to the House.
Chris Philp
On a point of order, Mr McCabe. Before you conclude the final sentence of this Committee proceeding, I shall quickly take this opportunity to thank all Committee members for their service over the last few weeks in considering this incredibly important Bill, which touches on the safety and security of our constituents. Nothing more powerfully illustrated that than the very moving speech given earlier by my hon. Friend the Member for Hertford and Stortford on the experience of her friend Louise, which I think all of us will vividly remember. It reminds us how important the work we are doing here is.
I believe that, with this Bill, we are taking a significant step forward, largely in a spirit of cross-party co-operation from all corners of the House, as it should be for something as important as national security and the safety of our constituents. Of course, we have our differences elsewhere, but on this topic we seem to be mostly on the same page, which is extremely welcome.
I thank everyone who has supported this process. I thank the Whips on both sides for getting us through the Bill a little earlier than expected, which is welcome. I thank Mr McCabe and Mr Robertson for chairing the Committee proceedings with such aplomb, and for correcting the shadow Ministers and me when we occasionally erred from the path we were supposed to be following.
I thank the witnesses who took the time to give us evidence earlier in the proceedings. It was genuinely useful, and the fact that we spent a lot of time in our earlier debates dissecting that evidence shows just how illuminating it was. I do not think any of us will forget Professor Grubin, but I certainly will not be volunteering to hook myself up to any of his machines in a hurry.
Chris Philp
Do not tempt me.
Finally, I thank the phenomenal public servants who have supported the preparation of the Bill and the wider work that goes on, in particular members of my private office—I can see Andrew sitting over there—and all the people working in the policy, legal and financial teams at the Ministry of Justice. They are incredible civil servants who have been working so hard to put this Bill together, including working over the weekend to respond to the various amendments that arrived on Friday. A huge thank you to everyone in the Ministry of Justice and the Home Office for the work they have done on this Bill.
It is appropriate to conclude by thanking those people on the frontline in the constant struggle to keep us and our fellow citizens safe—the police, the Prison Service, the probation service and the security service. Our thanks is due to them most of all. On a daily basis, they put themselves in harm’s way, to keep us safe. I put on record my gratitude to those outstanding public servants.
Alex Cunningham
Further to that point of order, Mr McCabe. I would like to reflect what the Minister has said and, first and foremost, thank you and Mr Robertson for conducting our proceedings professionally and getting us through the business quickly.
I also specifically thank the Clerks to the Committee. They understand the things that I am trying to say and they can put them into the jargon that is required to appear on the amendment paper. I am very appreciative of that. I have come to the realisation that they understand more about what I am trying to get across than I do myself.
I thank Committee colleagues for some robust debate and a few corrections along the way. I thank the staff who had to work over the weekend. I pass on my thanks to them and I am sorry if I was the cause of all that additional work. At least we had reasonable responses from the Minister, and I welcome that. With that, I will simply sit down.
Counter-Terrorism and Sentencing Bill (Fifth sitting)
Chris Philp ExcerptsThursday 2nd July 2020
(4 years, 4 months ago)
Public Bill CommitteesRead Full debate Counter-Terrorism and Sentencing Bill 2019-21 View all Counter-Terrorism and Sentencing Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 2 July 2020 - (2 Jul 2020)
Alex Cunningham
The hon. Lady is right up to a point, but some of the people under discussion will not have been responsible for killing people. A lot of them are covered by the charge of plotting, and there is the new range of terrorist offences. The crimes to which she refers are already covered by legislation. People who commit such terrible crimes are already subject to a life sentence, so in this particular situation we are talking about a different category of people.
I was saying that we need to understand what these changes mean for offenders, the Prison Service and society. For example, does the necessary amount of specialist prison provision required to incarcerate these offenders actually exist? That is not just about the number of prison places; it is about having the expertise available to manage and engage these offenders. We heard a lot of evidence from Mark Fairhurst about the need for proper provision and the fact that, at the moment, we have only one centre to deal with these particular terrorists. We are supposed to have three such centres, but we do not yet know when the Government will come forward and tell us when the new centres will be up and running.
What are the Minister’s proposals for housing younger offenders? Again, we need the prison places, but we also need the support services. Do they already exist, or is he proposing to develop more of them? If he is going to develop more of them, when will they be available? Even in the next two or three years, based on the Minister’s numbers, perhaps 20 or 30 young people will need specialist accommodation. They need specialist support services. Where are those services coming from? They do not exist at the moment, as I hope that the Minister will acknowledge, so will he ensure that they will in future so that we can for and deal with these people appropriately? We must not have a situation in which younger offenders—albeit among the most serious ones, as described by the hon. Lady—end up in the adult prison system because there is nowhere else for them to go.
I would welcome a specific comment on the issue when the Minister responds. I know that he has some tidying-up amendments for later in the development of the Bill, but I want to understand specifically what will happen with younger offenders and whether it is possible that some of them will end up in the adult estate.
It should be clear to the Minister why he should not be shy about commissioning analysis better to understand the issues that we face. Everyone talks about the importance of data and making decisions based on evidence. The amendment provides the Minister with an opportunity to do just that, and the Opposition are pleased to offer the Minister our assistance.
Also, if the Minister had the analysis, it would be easy for him to demonstrate to the House that he had got his decisions right. When he faced challenges from the Opposition on the success or failure of his new measures, he would have the analysis at his fingertips. I know that, financially, the Justice Department is skint. It has suffered heavy cuts disproportionate to those for other Departments during the past 10 years or so, and we have seen the results of that. The latest figures show that the number of criminal cases yet to reach the courts has now exceeded half a million, with hundreds of thousands more tribunal cases also outstanding. Perhaps it is the lack of resources that has meant that the Lord Chancellor cannot crack on and plan Nightingale courts to go alongside the Nightingale hospitals—the money to do so simply is not available. He did write to me yesterday, telling me that some additional money will be available. But it is a very small amount of money compared with the challenge that the system faces. This Minister’s accepting the amendment might result in the use of some resources, but the right action in this respect could save considerable sums in the longer term, and as I have made clear, the Justice Department really needs the resources.
Our ask is simple. We believe that there are real benefits for the Government in carrying out the analysis described in the amendment. Let us have in Parliament the evidence suggesting that these measures are a necessity and actually keep the public safe. I hope that the Minister will take these points and accept that longer sentences do not necessarily reduce the risk of reoffending. Several of our witnesses made that clear and even suggested that minimum sentences may in fact be counterproductive. The Minister might be reluctant to adopt the amendment—I will be surprised if he is not—but I look to him to come up with answers to the real issues that it covers.
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
Good morning. It is good to see you in the Chair again, Mr McCabe. Let me start by responding specifically to the amendment, and then I will try to pick up one or two of the more general points that the shadow Minister, the hon. Member for Stockton North, raised in his speech.
Amendment 39 does not propose any very wide form of analysis, aspects of which the hon. Gentleman referred to. It in fact proposes a very specific form of analysis, which is an impact assessment on the effect of these minimum term orders on other offences. It asks us to do an analysis that says, “If we introduce a minimum 14-year term to be served by those with life sentences, what effect will it have on unrelated offences? What effect will the minimum terms have on unrelated offences in relation to non-terrorist crimes?” If I may respectfully say so, given that the Bill is about terrorist offences and nothing in the Bill has any impact at all on non-terrorist offences, I do not think that the analysis proposed by amendment 39 is particularly germane. The Bill will not make any difference at all to any other, non-terrorist offences, so I do not think that analysis would have any results or effect.
Alex Cunningham
I appreciate the Minister giving way so early in his speech. The Bill creates a host of new offences, which will capture more people. It is important that he addresses the effect on other offences, which could all of a sudden become terrorism-related offences and therefore be subject to a very different sentencing decision by a judge in a court.
Chris Philp
My reading of the term “other offences” in line 3 the hon. Gentleman’s amendment is offences not caught by the scope of the Bill.
Let me turn to the questions that the hon. Gentleman asked and the numbers he raised. We have published an impact assessment and equalities assessment, as we discussed at some length in the previous sitting. He asked where I got the numbers of younger offenders from. I now have some information about the under-18 cohort, which he and other Members are concerned about. Currently, there are only three terrorist offenders in prison under the age of 18. I hope that illustrates the very small numbers involved.
On the question of whether we are unreasonably widening the scope of what constitutes a terrorist offence, my judgment is that most terrorist offences would be caught under the existing list of terrorist offences. It would be relatively unusual for a terrorist act to be committed outside the current list of offences, and for it to be necessary to make the terrorist connection. It could happen, and we are rightly legislating for that, but the existing list of terrorist offences is relatively comprehensive, so I do not think that the scope increase that the hon. Gentleman is referring to will have a dramatic impact on what are already small numbers. It is of course important that we give the judge the opportunity—the power—to make that connection where somebody commits an offence not on the current list; it is logically conceivable that that could happen.
Let me turn to the number—the 50. We can extrapolate how many of those 50 are aged between 18 and 21, as we discussed in the previous sitting. I do not think that number is the annual flow or the number of convictions per year. As I understand it, it is the impact on the total prison population. Given that these sentences are quite long, one would expect that the annual flow into the system affected by these serious terrorism sentence provisions would be somewhat lower than that.
Those numbers illustrate powerfully that we are talking about an extremely small number of people. As my hon. Friend the Member for Hertford and Stortford said in her well-pitched intervention, we are talking about people who have committed a serious terrorist offence and have been found to be dangerous—in other words, the judge thinks that they pose an ongoing, serious risk to the public. Their actions either caused or were likely to cause multiple deaths, and, in the context of clause 11, the judge views the offence as so serious that a life sentence is appropriate. I hope that gives the Committee a clear sense that these numbers are extremely small and, thankfully, particularly small in relation to young people. We should take this opportunity to pay tribute to the tremendous work that our counter-terror police and the security services do to keep those numbers so very small.
Other remarks were made about funding. That is probably outside the scope of the clause, but I will address it very briefly, if I may have your indulgence for one minute, Mr McCabe. I am sure that if I stretch the bounds of your indulgence, you will call me to order. Counter-terrorism funding rightly increased substantially earlier this year in response to the enhanced level of threat. Spending on Her Majesty's Prison and Probation Service of course includes work on rehabilitation, and that also received a significant funding increase in the spending review in September 2019. I am sure that everyone here would welcome that increase in expenditure.
The shadow Minister mentioned a number of outstanding cases in the legal system. I think the number he quoted relates to magistrates courts. Of course we are in the middle of—hopefully coming towards the end of—a serious pandemic, which inhibited the operation of the courts system. Prior to the coronavirus epidemic, waiting times in the magistrates court were about eight weeks. The outstanding case load in the Crown court was certainly a great deal lower than it was in 2010. Obviously, coronavirus has caused an increase in the outstanding case load. We are working hard to address that with the new Nightingale courts. There are, I believe, 10 sites working on extending sitting hours. By the end of July every court in the country will be back up and running, and we are rolling out the cloud video platform, so that hearings can take place by video. I commend to the Committee the court recovery plan that was published two or three days ago. I hope that that demonstrates the herculean national effort currently under way to reduce the outstanding case load that has built up during the coronavirus epidemic.
Alex Cunningham
I most certainly welcome the increased expenditure in the area in question. It is essential that the Government look to increasing it further, because there is no doubt, from the evidence the Committee received, that the system is not adequate to receive the people who will be caught up in the range of new laws. It was good to hear the Minister try to clarify some of the numbers. The figure of only three people aged under 18 is significant. However, according to the analysis, there would be up to 50 people a year, over a long period. Does the Minister want to correct me?
Chris Philp
I will double check that number, but my understanding, which I will check, is that as a consequence of the measures the total prison population will increase by 50, which is different from an extra 50 people extra flowing in each year. However, I will come back to the hon. Gentleman on that.
Alex Cunningham
I appreciate that, but I thought I read it was 50 per year. I may of course be mistaken, but I look forward to the Minister clarifying that.
If the vast majority of criminal offences are committed under existing legislation, I wonder why we are here, other than to increase the determinate sentence to 14 years. Perhaps in a later speech the Minister will return to the matter. We may well return to it in future, but for the moment, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 11, as we have been discussing, amends section 323 of the sentencing code, which makes provision for the setting of a minimum term—a tariff—for discretionary life sentences. It will make sure that, where a life sentence is handed down to an adult offender who is convicted of a serious terrorist offence—which can be considered as a serious terrorism case—for the purpose of setting a minimum term, the provisions of this clause will apply.
The minimum term in a discretionary life sentence is the period that must be served in custody before an offender can be considered for release by the Parole Board. Offenders who are subject to a discretionary life sentence are subject to a life licence following the release. Clause 11 adjusts section 323 of the code so that, where the court considers an offender who requires a life sentence for their offending and has committed a serious terrorism offence, as found in schedule 17A to the sentencing code, an equivalent consideration is made to that for the serious terrorism sentence by requiring the court to consider it as a serious terrorism case.
A serious terrorism case is one where an adult offender has committed a serious terrorism offence and meets the criteria that we discussed previously for a serious terrorism sentence—that is, the court considers them dangerous; they present a serious future risk of harm, which in this context means the prospect of death or serious personal injury resulting; and in the opinion of the court they meet the risk of multiple death condition, which we discussed earlier in connection with serious terrorism sentences. The clause therefore requires the courts to set a minimum term of 14 years, unless exceptional circumstances apply.
Question put and agreed to.
Clause 11 accordingly ordered to stand part of the Bill.
Clause 12
Minimum punishment part for serious terrorism offenders: Scotland
Question proposed, That the Clause stand part of the Bill.
Chris Philp
This clause has the same effect as the previous clause, which applied to England and Wales. This applies to Scotland, and will have effect by inserting a new section 205ZB into the Criminal Procedure (Scotland) Act 1995.
Question put and agreed to.
Clause 12 accordingly ordered to stand part of the Bill.
Clause 13
Minimum tariff for serious terrorism offenders given life sentences: Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 13 has the same effect as the previous two clauses, except in relation to Northern Ireland. It will amend the Life Sentences (Northern Ireland) Order 2001.
Question put and agreed to.
Clause 13 accordingly ordered to stand part of the Bill.
Clause 14
Minimum custodial period for serious terrorism offenders given indeterminate custodial sentences: Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 14 also relates to Northern Ireland. In this case, it applies to Northern Irish offenders who receive an indeterminate custodial sentence, ensuring that the 14-year minimum custodial period applies to them as well. The clause will have effect by amending article 13 of the Criminal Justice (Northern Ireland) Order 2008.
Question put and agreed to.
Clause 14 accordingly ordered to stand part of the Bill.
Clause 15
Additional offences attracting extended sentence: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
This clause sets out a number of offences that, from the commencement date of this provision, will be included in the list of offences eligible for receiving an extended determinate sentence in England and Wales. Adding these offences will ensure that the sentencing regime in England and Wales is consistent in the type of offences it considers serious enough to be eligible for an extended determinate sentence. To make this change, the clause adds the offences specified within the provisions to part 1 of schedule 18 of the sentencing code. These offences all carry a maximum penalty of life, and include the making of explosives, developing biological weapons, endangering the safety of aircraft, using nuclear materials and hijacking or destroying ships. As such, they are of comparable seriousness to other offences already in scope for the extended sentence. Adding these offences to the list will correct the anomaly created by their omission and will ensure that these serious offences and others are eligible for an extended sentence as well.
Question put and agreed to.
Clause 15 accordingly ordered to stand part of the Bill.
Clause 16
Increase in extension period for serious terrorism offenders aged under 18: England and Wales
Alex Cunningham
I beg to move amendment 40, in clause 16, page 16, line 29, at end insert—
“(4) Section 255 of the Sentencing Code is amended as follows.
(5) After subsection (2) insert—
“(3) The pre-sentence report must in the case of a serious terrorism offence under section 256(4)(b)(iii)—
(a) take account of the offender’s age;
(b) consider whether options other than an extension period of eight to ten years might be more effective at—
(i) reducing the risk of serious harm to members of the public, or
(ii) rehabilitating the offender.
(4) The court must take account of any points made by the pre-sentence report in relation to the matters in subsection (3).”
(6) The Secretary of State must at least once a year conduct and lay before Parliament a review of the effectiveness of the provisions of this section and their impact upon offenders.
(7) The report of the first review must be laid before Parliament within one year of this Act being passed.”.
Chris Philp
I must say, the shadow Minister has painted for me a truly horrifying picture, namely membership of the Liberal Democrats followed by crushing defeat at a general election. Let that be a lesson to anyone who, like my former hon. Friend the Member for East Surrey, considers anything so foolish as a move to the Liberal Democrats. Looking around this Committee, that is something we can all agree on.
The first question raised by these amendments is whether there is an option for an extension period other than eight to 10 years. I am looking at amendment 40 to clause 16(3)(b). The way the legislation is currently drafted allows the judge the discretion to choose the extension period—the licence period—of anything between one and 10 years. All that these clauses do is increase the maximum from eight years—as it is now—to 10 years, but that is not mandatory; the judge can choose to have an extension period as low as one year. The choice for judicial discretion that the shadow Minister is calling for already exists without the amendment. Instead of the choice being between one and eight years, as it is now, the choice will become between one and 10 years, as we propose, but judicial discretion will still exist.
The pre-sentence report that the amendment calls for will exist already. There is always a pre-sentence report for offences of this nature. In deciding what length of extension period is appropriate, the judge will already have due regard to that pre-sentence report. They will also have due regard to that pre-sentence report in making their finding, or otherwise, of dangerousness.
On the question of a review of how things are going, I certainly do not fear any sort of review after the event. We have a standing procedure that legislation should be reviewed after—I think, typically—three years, to see how it is functioning. I would expect this legislation, as other legislation, to be subject to that same scrutiny process. I am sure that no one in the House would be shy to propose changes if, in due course, anything appeared to be amiss.
On that basis, in particular the first two points—
Alex Cunningham
I realised that the Minister was getting to the point at which he would sit down, but I asked specifically for him to address the issue of how young people who have committed this type of offence will be accommodated on the estate. Can the fears expressed by many individuals be properly addressed?
Chris Philp
Such young people will not move on to the adult prison estate until they turn 21, so that immediately provides some reassurance, I hope. The more general point that the shadow Minister makes, and has made before—and our witnesses made—is on the importance of rehabilitation. They are points well made. We should not simply lock people up and throw away the key; even with such serious offenders, who will rightly spend a great deal of time in prison, we should work on rehabilitation.
Part of the additional resources announced in the September 2019 spending review and this year’s March Budget will go to Her Majesty’s Prison and Probation Service. I have spoken to the Prisons and Probation Minister about young people, an issue that my hon. Friend the Member for Aylesbury has also raised with me, and it is an area where effort, focus and attention are being paid, and will be further in future. That point about rehabilitation is well made, but it is being addressed. I am sure it is a topic that Members will return to. I have forgotten whether this is an intervention or a speech, but on that basis, I politely and respectfully ask the shadow Minister to withdraw the amendments.
Alex Cunningham
It is lovely to have a guarantee from the Minister that no young person will end up in the adult estate—
Alex Cunningham
The Minister qualifies that by saying “under the age of 21”. I appreciate that, and I assume that the word “guarantee” can be applied in this particular circumstance, despite the fact that some of our witnesses were concerned that we do not have sufficient facilities within the system to house 18 to 21-year-olds and some even younger than that.
In an earlier debate, I believe on Tuesday, the Minister appeared to accept that the pre-sentence report regime could be improved. In fact, he made a commitment to speak to his colleagues in the Home Office, to see whether they might find ways to ensure that the pre-sentence report covers some of the issues that I raised in Committee. We have not heard from the Minister about that, but perhaps in a later speech we will.
Alex Cunningham
The hon. Gentleman has greater experience of this area than I do, and I bow to his superior knowledge, but the important thing is that we look carefully at the reports, in particular in relation to that cohort of young people, to ensure that every single opportunity is presented to the judge so that the judge gets the right answer. With that, although we will return to the issue of young people at a later stage, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chris Philp
As we have discussed, the clause extends the maximum possible licence period for serious terrorist offenders aged under 18 when given an extended sentence of detention. It gives the courts the option to increase the maximum—I say maximum—extended licence period from eight to 10 years.
Question put and agreed to.
Clause 16 accordingly ordered to stand part of the Bill.
Clause 17
Increase in extension period for adult serious terrorism offenders aged under 21: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 17 has the same effect as the previous clause, but applies to offenders up to the age of 21. It does that by amending section 268(4) of the sentencing code.
Question put and agreed to.
Clause 17 accordingly ordered to stand part of the Bill.
Clause 18
Increase in extension period for serious terrorism offenders aged 21 or over: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 18 has the same effect—raising the maximum licence period to 10 years. This time it applies to offenders aged over 21 in England and Wales, and it makes that change by amending section 281(4) of the sentencing code.
Question put and agreed to.
Clause 18 accordingly ordered to stand part of the Bill.
Clause 19
Additional terrorism offences attracting extended sentence: Scotland
Question proposed, That the clause stand part of the Bill.
Chris Philp
The clause sets out a number of offences that will be included in the list of offences that are eligible for receiving an extended determinate sentence in Scotland, from the date of commencement. The offences to be included are terrorist offences with a maximum penalty of more than two years, which is specified in part 1 of schedule 5ZC, and non-terrorist offences carrying a maximum penalty of life, as specified in part 2 of that schedule, in cases where a terrorist connection has been found by the court under section 31 of the Counter-Terrorism Act 2008. It also applies to under-18s convicted of terrorist and terrorism-related offences in Scotland. The clause makes that change by amending section 210A(10) of the Criminal Procedure (Scotland) Act 1995 and inserts a schedule into that Act.
Alex Cunningham
We have talked a lot about numbers in this Committee. Will the Minister enlighten us on how many people will be caught up in these provisions?
Chris Philp
These provisions relate to Scotland. In order to avoid providing the Committee with erroneous information, it would be safest if I write to the hon. Gentleman with that information.
Question put and agreed to.
Clause 19 accordingly ordered to stand part of the Bill.
Schedule 5
Terrorism offences attracting extended sentence: Scotland
Question proposed, That the schedule be the Fifth schedule to the Bill.
Chris Philp
The schedule is consequential to the previous clause.
Question put and agreed to.
Schedule 5 accordingly agreed to.
Clause 20
Extended custodial sentences for serious terrorism offenders: Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
The clause does two things. First, it adds all serious terrorism offences to the scope of the extended sentencing regime. Secondly, it increases the maximum extended licence period for those who receive an extended sentence for serious terrorism offences. I should say that the clause applies to Northern Ireland, and the clause essentially does the same thing as the previous few clauses on extended sentence length and adding some additional offences. That will ensure that there is a consistent approach across the United Kingdom in terms of both offences that are tracked and extended sentences—in the case of Northern Ireland, extended custodial sentences—and that the courts may impose up to a 10-year licence period, should they find that appropriate.
Question put and agreed to.
Clause 20 accordingly ordered to stand part of the Bill.
Clause 21
Offences attracting special custodial sentence for offenders of particular concern: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 21 substitutes schedule 6 to the Bill for schedule 13 of the sentencing code. It is designed to ensure that, in all circumstances, specified terrorist offenders will spend at least 12 months on licence following their release, even when they are released at the very end of their custodial sentence. It does that by updating the offences that attract a custodial sentence for offenders of particular concern in England and Wales—the so-called SOPC sentence. The updated schedule includes all terrorist offences that carry a maximum penalty of over two years, and it replaces the specified non-terrorist offences that can attract a SOPC when committed in a terrorist capacity with a clause that includes any offence that is determined to have a terrorist connection under section 69 of the sentencing code in the SOPC regime. The changes made to the clause are applicable to those who are convicted of an offence on or after the day on which that provision comes into force, which is the day after the Bill gains Royal Assent.
Adding those offences to the SOPC regime will mean that the court will now be required to impose such a sentence where extended determinate sentences have been considered but not imposed. All such offenders will no longer be eligible for a standard determinate sentence. That is because the time spent on licence—the Bill introduces a minimum of one year—is very important for rehabilitating offenders, as the shadow Minister has said, as well as for protecting the public.
Question put and agreed to.
Clause 21 accordingly ordered to stand part of the Bill.
Schedule 6
Offences attracting special custodial sentence for offenders of particular concern: England and Wales
Question proposed, That the schedule be the Sixth schedule to the Bill.
Chris Philp
It is consequential to the previous clause.
Question put and agreed to.
Schedule 6 accordingly agreed to.
Clause 22
Special custodial sentence for certain terrorist offenders aged under 18 at time
of offence: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
These are relatively technical amendments. The purpose of Government amendment 16 is to apply the same period of rehabilitation to the new sentence for terrorist offenders of particular concern as that currently applied to sentences in respect of grave crimes under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000. The rehabilitation period is specified in section 5 of that Act and varies depending on the length of sentence given. It begins on the day the sentence is completed, including any time spent on licence.
Government amendment 29 amends the statutory instruments referred to above in order to align the new special sentence of detention for terrorist offenders of particular concern for under-18s with sentences imposed under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000. Those are the central amendments.
Ruth Cadbury (Brentford and Isleworth) (Lab)
Can I just be clear? For certain offences, under-18s will be treated in exactly the same way as adults when being sentenced. If I have got that wrong, can the Minister please explain?
Chris Philp
No. The rehabilitation periods are different and lower for children—quite rightly, for the reasons we debated earlier. All we are doing is creating consistency between the rehabilitation period for adults who commit the various offences and the rehabilitation period for children who commit various offences. We are not making the rehabilitation period the same for children as it is for adults.
The purpose of clause 22 is to address a gap in sentencing options for those under 18 who commit a terrorism offence where custodial sentencing options are limited to a maximum two-year detention and training order, due to the offender not meeting the criteria required to impose long-term detention for offences punishable by less than 14 years in custody.
The new sentence ensures that those convicted of a terrorist offence—we are talking about the serious terrorist offences—spend a substantial period of time on licence to enable that very important rehabilitative work to be undertaken in the community, and to limit the risk that they may pose to the public. That will also ensure greater consistency between the approaches towards sentence and release for under-18s and adults, although under-18s will of course be typically serving shorter prison sentences.
Under the current framework, some terrorist offences can attract only a detention and training order of up to two years, with only half that being served in detention, or an extended determinate sentence where the child is considered dangerous and the sentence is at least four years. That is a consequence of the fixed-term sentences under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000, and they are available only for specified offences. Terrorist offences are not a specified category.
As some terrorist offences carry a maximum sentence of less than 14 years, the only custodial sentencing option is therefore the detention and training order. Essentially, the clause fills the gap between those two sentences by creating the SOPC-type offence for under-18s. Of course, the length of sentence will be entirely a matter for the discretion of the judge, and the judge will have the pre-sentence report available in making that determination. As my hon. Friend the Member for Aylesbury said in his intervention, that pre-sentence report will include considerations regarding not just the offender’s chronological age but their mental maturity. Judges will of course continue to have discretion to ensure that they are balancing the offender’s maturity with the appropriate kind of sentence.
Question put and agreed to.
Clause 22 accordingly ordered to stand part of the Bill.
Clause 23
Terrorism sentence with fixed licence period: Scotland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 23 operates in Scotland, and essentially ensures that there is always a fixed licence period of at least one year when someone is released, so that people are not released without any licence supervision afterwards. We have talked about the reasons: both to facilitate rehabilitation and to protect the public. The clause is given effect by the insertion of new section 205ZC into the Criminal Procedure (Scotland) Act 1995.
The Chair
The question is that clause 23 stand part of the Bill. As many as are of that opinion, say aye.
The Chair
To the contrary, no. I think the ayes have it, the ayes have it.
Question put and agreed to.
Clause 23 accordingly ordered to stand part of the Bill.
Schedule 7
Offences attracting terrorism sentence with fixed licence period: Scotland
Question proposed, That the schedule be the Seventh schedule to the Bill.
Chris Philp
Very diplomatic, Mr McCabe. Schedule 7 is consequential to the previous clause. It sets out the terrorist offences within the scope of the new terrorism sentence in Scotland, and will be inserted as schedule 5ZB to the Criminal Procedure (Scotland) Act 1995.
The Chair
The question is that schedule 7 be the Seventh schedule to the Bill. As many as are of that opinion, say aye.
Chris Philp
I thank the Committee for its rousing endorsement of the previous schedule.
The purpose of clause 24 is to make amendments to provide for a new terrorism sentence with a fixed licence period. This is necessary to ensure an approach consistent with Northern Irish law. The Treatment of Offenders Act (Northern Ireland) 1968 is amended to ensure that any offender may have the length of their terrorism sentence reduced by any relevant period spent in police detention or custody. There are further amendments, with broadly similar objectives, made to the Rehabilitation of Offenders (Northern Ireland) Order 1978, the Criminal Justice (Northern Ireland) Order 1996, the Sexual Offences Act 2003 and the Counter-Terrorism Act 2008.
More generally, clause 24 seeks to make amendments to terrorism sentences in Northern Ireland in a way that is consistent with the measures we have discussed already. The structure of sentences is a little different in Northern Ireland, hence the slight differences in this clause, but the offer is in effect that the minimal one-year licence period is the same as those discussed already for England, Wales and Scotland.
Question put and agreed to.
Clause 24 accordingly ordered to stand part of the Bill.
Clause 25
Corresponding provision under service law
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 25 introduces schedule 8, which makes the equivalent provisions under service law to certain sentencing provisions made by this part. It covers an equivalent of the serious terrorism sentence, including relevant term reductions for a guilty plea and for assistance to the prosecution, as we have discussed, as well as minimum term orders and provisions equivalent to those in clauses 8 and 9, and changes to the special custodial sentence for offenders of particular concern, including the creation of an equivalent sentence for youth offenders.
The clause is necessary to ensure that the provisions in this Bill, which strengthen counter-terrorism sentencing, are applied to all jurisdictions in the UK, including the armed forces.
Question put and agreed to.
Clause 25 accordingly ordered to stand part of the Bill.
Schedule 8
Corresponding provision about sentencing under service law
Question proposed, That the schedule be the Eighth schedule to the Bill.
Chris Philp
Schedule 8 and the two Government amendments are technical changes that relate to the application of this law to the services, which I mentioned in the previous clause.
Question put and agreed to.
Schedule 8 accordingly agreed to.
Clause 26
Increase in maximum sentences for certain terrorist offences
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 26 increases the maximum penalty for three terrorism offences, to ensure that the punishment properly reflects the seriousness of the crime involved. The three offences are: membership of a proscribed organisation, under section 11 of the Terrorism Act 2000; supporting a proscribed organisation, under section 12 of that Act; and attending a place used for terrorist training, under section 8 of that Act. In all three cases the maximum penalty applicable will be increased from 10 to 14 years.
It will, of course, remain a matter for the sentencing judge to decide on the appropriate sentence, but given how serious the offences are we feel it appropriate to give the court the ability to issue a sentence of up to 14 years if, on the basis of the evidence and the pre-sentence report, the judge sees fit.
Question put and agreed to.
Clause 26 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Tom Pursglove.)
Counter-Terrorism and Sentencing Bill (Sixth sitting)
Chris Philp ExcerptsThursday 2nd July 2020
(4 years, 4 months ago)
Public Bill CommitteesRead Full debate Counter-Terrorism and Sentencing Bill 2019-21 View all Counter-Terrorism and Sentencing Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 2 July 2020 - (2 Jul 2020)
The Chair
I will make a few preliminary points. As usual, please switch electronic devices to silent, and teas and coffees are not allowed in the room. I remind the Committee of social distancing rules. The Hansard reporters would be grateful if Members sent any copies of their speaking notes to hansardnotes@parliament.uk.
Clause 27
Removal of early release for dangerous terrorist prisoners: England and Wales
Question proposed, That the clause stand part of the Bill.
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
It is a great pleasure to serve once again under your chairmanship, Mr Robertson. The clause is the first clause in part 2 of the Bill, and is one of the most important sections. It removes the prospect of early release for the most dangerous terrorist offenders in England and Wales. The provision is central to the core aims of the Bill—namely, ensuring that the most dangerous offenders serve their full sentence, to reflect the serious nature of their crimes and to protect the public from them. Some of the recent terrible terrorist atrocities have powerfully demonstrated the awful consequences that can follow the early release of a terrorist offender who goes on to reoffend, sometimes with tragic and fatal effect.
The clause amends section 247A of the Criminal Justice Act 2003, under which relevant terrorist offenders are currently referred to the Parole Board at the two-thirds point of their custodial term, to be considered for discretionary early release. The clause would exclude a particular class of the most dangerous offenders from discretionary early release if they receive an extended determinate sentence; if that sentence is for a terrorist or terrorist-related offence; and if that offence carries a maximum penalty of life imprisonment. Only if those three conditions apply is the prospect of discretionary early released removed, and those offenders instead serve their full custodial terms.
This is an important measure to protect the public. The only way to be certain that someone will not reoffend is if they are in prison. Of course, after release, offenders who have served their full custodial term under the provisions of the clause will then be subject to the extended licence period that we discussed this morning, which can now be as long as 10 years. During the extended licence period, work on rehabilitation can continue and public protection can be maintained. It is not as if offenders are simply let out and we forget about them; the licence conditions and monitoring will be extremely important. On that basis, I commend the clause to the Committee.
Ruth Cadbury
The Bar Council is a very authoritative body that needs to be listened to when we are introducing legislation that affects issues such as sentencing.
On the POA point, Peter Dawson pointed out clearly, in relation to violence against prison officers, that when hope is lost and the atmosphere and the management of prisoners gets much more difficult, we have nowhere to move terrorist prisoners who are already in specialist separation centres. He said that removing hope of early release increases that risk. I would like the Government to commit to a review if the proposal is implemented in this way. Obviously, we support the motivation behind it.
I have one more question for the Minister. Might the option for this sentence, with the loss of early release, lead to unintended consequences in charging and sentencing? Would sentencers avoid it and impose a lesser sentence? I am sure that the Government do not intend that.
Chris Philp
Let me briefly respond to one or two of the points that the hon. Member for Brentford and Isleworth made. She referred to the fact that if the sentence is served in full, there obviously will not be a Parole Board assessment prior to release. She asked about the risk assessment that would take place. I asked Mr Fairhurst from the Prison Officers Association about that in our evidence session on Tuesday morning. Even where there is no Parole Board involvement because release is automatic, there are a whole load of other review and evaluation mechanisms that can be used—for example, multi-agency public protection arrangements, careful monitoring by the prison staff and prison governor, and involvement by the National Probation Service in preparation for the release point. With the example of the Streatham offender, those kinds of risk-assessment measures led to a security services team monitoring him, which obviously had the result that it did. That is an example, as Mr Fairhurst said in evidence, of the risk assessment process working very effectively. That is what we would expect to happen in cases in which release is automatic.
The hon. Lady also asked: what happens when hope is lost? What if a prisoner is in prison and there is no prospect of early release? Does that not mean that it will be hard to get them to behave well? I want to make some points in response. First, the vast majority of prisoners, who have committed a range of offences, way beyond terrorist ones, are serving standard determinate sentences and are released automatically—typically at the halfway point—without any Parole Board intervention. The vast majority are subject to automatic release at a particular point. The second risk, particularly in relation to terrorist offenders, is that of false compliance, if they think that by pretending to comply with the deradicalisation programme, they might get released early. That is not necessarily an entirely healthy incentive and we should be mindful of that possibility.
Chris Philp
The operative provisions of clause 28 are very similar—in fact, they are identical—to those in clause 27, except that they apply to Scotland. Practically, that is given effect by amending section 1AB of the Prisoners and Criminal Proceedings (Scotland) Act 1993. The substantive effect of this provision is exactly the same as that for clause 27, which we have just debated.
Question put and agreed to.
Clause 28 accordingly ordered to stand part of the Bill.
Schedule 10 agreed to.
Clause 29
Further provision about release of terrorist prisoners: Scotland
Question proposed, That the clause stand part of the Bill.
Chris Philp
This is another consequential provision, which makes sure that the measure in clause 28 that we have just approved operates consistently in relation to the administration of licence periods for serious terrorism sentences and terrorism sentences for fixed licence periods in Scotland.
Question put and agreed to.
Clause 29 accordingly ordered to stand part of the Bill.
Clause 30
Restricted eligibility for early release of terrorist prisoners: Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 30 and the amendments to it essentially apply to Northern Ireland. Some months ago in Parliament, we debated the provisions to end the automatic early release of terrorist prisoners. Committee members will recall that at the time we did not apply those provisions to Northern Ireland. But having carefully considered, in particular, the European convention on human rights and common law retrospectivity provisions, we are now comfortable that those principles are not infringed by applying the Terrorist Offenders (Restriction of Early Release) Act 2020 provisions to Northern Ireland, and this clause does so.
Amendments 33 and 34 are consequential on those changes. Amendment 33 ensures that terrorist prisoners who will serve longer in custody as a result of the Bill are not released early for the purposes of deportation under the early removal scheme in Northern Ireland. That is a consequential point. Amendment 34 ensures, for offenders who will be newly eligible for parole commissioner-considered release through the provisions of this Bill in Northern Ireland, that that is done in accordance with the parole commissioners’ existing rules. That brings Northern Ireland fully into conformity with the rest of the United Kingdom.
Conor McGinn (St Helens North) (Lab)
It is a pleasure to serve under your chairmanship, Mr Robertson. The main focus of my contribution to the Committee as the shadow Security Minister will be on part 3 of the Bill, but for reasons obvious even to the untrained ear, I have been asked to speak on some of the Northern Ireland aspects of the Bill.
May I crave your indulgence for a moment, Mr Robertson? While the Committee has been sitting, it has been announced that the largest ever law enforcement operation in the UK took place today. Operation Venetic has seen 746 arrests, with £54 million of criminal cash seized, along with 77 firearms and 2 tonnes of drugs. The whole Committee will want to pay tribute to Lynne Owens and the National Crime Agency and all the police forces involved in that fantastic operation. [Hon. Members: “Hear, hear.”]
I am always concerned when I hear Ministers talk about Northern Ireland being brought into “conformity” with the rest of the United Kingdom, because although it is an integral part of the Union, and that is indisputable under the terms of the various agreements that have been reached, it is not the same as other parts of the United Kingdom, particularly when it comes to measures relating to tackling terrorism, because there is a long history there that has evolved over how to address that, particularly when it comes to sentencing, rehabilitation and the particular licensing arrangements that there are.
I have had, as I know the Minister has had, extensive discussions with the Justice Minister in the Northern Ireland Executive on this clause in particular. We have tabled a new clause to ask for all the provisions to be reviewed, so I do not intend to speak on all the Northern Ireland measures contained herein until that is debated, but I did think it important to draw attention to this matter, particularly after discussions with Naomi Long on behalf of the Northern Ireland Executive.
There is real concern about the retrospective removal of the automatic right to release. The Justice Minister in the Department is very clear that that will require amendments to sentence-calculation processes and, critically, the power of the Department to refer cases to the parole commissioners and the powers of the commissioner to direct early release for offenders subject to determinate custodial sentences. The concerns can be condensed down to some key points.
The first is about—I was interested to hear what the Minister said about this—attracting legal challenge on ECHR-compatibility grounds. There is a belief in the Department of Justice in Northern Ireland that these measures will attract that. In addition, there is concern that the Department of Justice in Northern Ireland will be a respondent to any challenge that is made in the Northern Ireland High Court or subsequent proceedings in the Northern Ireland Court of Appeal, which could be a significant drain on its resources.
There is concern about the risk of destabilising the separated regime. The Committee might not be aware that paramilitary prisoners or those convicted of terrorist offences in Northern Ireland are separated. They are held in specific circumstances and subjected to specific programmes, on the basis of their perceived paramilitary affiliation.
Another worrying element is the potential increased risk to the safety of prison staff as a result of the reaction to these measures. In recent years we have seen David Black and Adrian Ismay, two prison officers in Northern Ireland, murdered by dissident republicans. That is something that we need to be very cognisant of: in making laws here, we have a direct impact on the people who we are asking to carry them out. They have to live in the community in Northern Ireland and face the threat that they, along with our brave police officers and the Police Service of Northern Ireland, do every day.
There is also a concern—shared by colleagues from the Democratic Unionist party as well as by the Justice Minister—that this has the potential to lead to currently serving terrorist offenders being released without licence supervision. It undermines the public protection arrangements currently in place and goes against the ethos and principles of the Northern Ireland sentencing framework. In taking these measures to avoid a cliff edge in England and Wales, we may inadvertently introduce a cliff edge to Northern Ireland that is mitigated by arrangements that are already in place there.
There was a more general concern about the erosion of the principle of judicial discretion to set appropriate custodial and licence periods. I thought it important that the Committee heard those concerns, because we, as the official Opposition, share some of them and want to work, as we always have done, in a bipartisan manner—not just on issues of national security, but on matters pertaining to Northern Ireland. It was important from that perspective and because we do not have Northern Ireland Members here to make those arguments. We do have, after years of painstaking effort by Governments of all hues, the restoration of the Executive, so it was important that the Minister of Justice for Northern Ireland—in addition to the influence she is bringing to bear in discussions with the Minister—had those concerns publicly recorded with the Committee.
Chris Philp
Let me briefly reply. I echo the hon. Member’s comments about the operations today. Our police and security services do fantastic work, and the huge operation today is an example of that work at its very best, so I join him in thanking them and congratulating them on the tremendous work they have done.
On Northern Ireland, the hon. Member is quite right: we are currently having detailed conversations with Naomi Long, the Justice Minister in Northern Ireland. As he says, it is very good news that the functioning Executive has been restored—it is good for Northern Ireland and good for us in Westminster to have a body that we can have dialogue with. Let me assure him that the dialogue is ongoing; it touches on many of the issues that he raised.
On the risk of legal challenge, the hon. Member will know that there has already been a legal challenge to the TORER Act that we passed back in February, and that is subject to a judgment that we await; I will therefore not comment on that any further. What I will say—in fact, I have said this to Naomi Long—is that we will certainly support the Northern Ireland Department of Justice in any litigation that it gets involved in. We have obviously done a great deal of work in preparing for that case; we would be happy to make that available and to support the Department in every way. We would not want it to be, as the hon. Member has suggested, burdened by having to defend cases. We will certainly stand with it and help practically with preparing for those cases, so that they do not unduly drain what I know are quite limited resources. I can give him a direct assurance on that. More generally, we are involved in detailed discussions, which are continuing.
Question put and agreed to.
Clause 30 accordingly ordered to stand part of the Bill.
Clause 31
Removal of early release for dangerous terrorist prisoners: Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 31 simply makes the same provisions that we discussed in clause 27 for England and in clause 28 for Scotland, applicable also to Northern Ireland. I do not propose to go over those provisions again; they are in substance the same.
Question put and agreed to.
Clause 31 accordingly ordered to stand part of the Bill.
Clause 32
Polygraph licence conditions for terrorist offenders:
England and Wales
Chris Philp
As we discussed in evidence last week, the Government—and the Committee—fully recognise that polygraph testing does not provide definitive information that meets a burden of proof that a court of law would expect to be met.
We did hear, however, compelling evidence from Professor Grubin that polygraphs provide a great deal of utility in two areas—first, in causing offenders being questioned while a polygraph is being applied to disclose more information than they otherwise would. He gave some compelling statistics, showing that a high proportion—from memory, something like two thirds—of offenders questioned with a polygraph being applied made a disclosure of information, which is a far higher figure than would ordinarily be the case. It is helpful to get people on licence to disclose information that is useful in working out whether their licence conditions are being adhered to.
Secondly, if a negative polygraph result follows in answer to particular questions, the principal consequence is further investigation by the probation service or, if appropriate, the police. Only if those further investigations yielded new evidence or new facts would further action follow. Polygraph evidence would never be admissible in a court of law, and there is no intention of that, because we heard clearly that although it is helpful, it is not definitive in a way that we would wish evidence submitted to a court of law to be definitive.
That approach is already enshrined in section 30 of the Offender Management Act 2007, expressly disallowing the admissibility of polygraph evidence in court, but it is also covered in the equivalent provisions made for the devolved Administrations in this Bill, particularly clause 33 in relation to Scotland and clause 34 in relation to Northern Ireland. The Bill and the law in general are clear about how polygraph evidence should be used.
On amendments 49 and 50, and the use of “may not” as opposed to “must not”, I think that the phrases have the same meaning. “We may not do something” means the same as “we must not do something”—it is an express prohibition. I am sure it is helpful to put my view of that on the record, and I hope that the Committee concurs. It is categoric that something that may not be used cannot be used, and must not be used in any circumstances.
In support of clause 32 standing part, this is a useful additional tool in the hands of the probation service. It is used already with sex offenders in England and Wales. Professor Grubin provided very informative evidence—certainly the most entertaining evidence that we heard during our earlier proceedings. He made a powerful case for the way in which polygraphs, used properly, carefully, with the right training and with acknowledgment of their limitations, add something to the monitoring process. Therefore I think it is appropriate to include the measures.
Kenny MacAskill
I am grateful for the Minister’s response. I am not going to debate “may” or “must”, which seems to be becoming a tautological argument. I am happy to accept the Minister’s assurance, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chris Philp
I would say two things about a pilot. First, as I said before, polygraph use has been running for a number of years now for sex offenders in England and Wales, and it has been found to be useful. It is used quite widely around the world, as Professor Grubin mentioned in his evidence.
In particular, the use of polygraphs for monitoring licence conditions is designed first to prompt the disclosure of information and secondly to provide information that might be followed up. Bearing that in mind, I do not think that the biting effect of the polygraph findings is of sufficient severity to require further pilot work, particularly as the technique is used already.
As to BAME communities, that is something we debated at some length a short time ago, as the hon. Gentleman said, but I would observe that the application of the technique applies to everyone equally, regardless of colour and creed.
In relation to the review, there is a standing convention that legislation is reviewed three years after coming into effect. I am sure that the effectiveness of the provision will form part of such a future review.
Alex Cunningham
That is very helpful. I will not press the new clause.
Question put and agreed to.
Clause 32 accordingly ordered to stand part of the Bill.
Clause 33
Polygraph licence conditions for terrorist offenders: Scotland
Question proposed, That the clause stand part of the Bill.
Chris Philp
We recognise that, as the hon. Gentleman has said, there is no operation of polygraph currently in Scotland. In considering the commencement provisions, it is the clear intention of the UK Government to work extremely closely with the Scottish Government to determine when they are operationally ready to introduce polygraph testing into the toolkit that probation services have. We would not want to trigger implementation too early.
Over the past week or so, we have heard evidence showing the benefits that polygraph testing can bring. However, we are aware that time is needed to prepare operationally for those benefits to come into effect. Although we recognise that some elements of the implementation of this are devolved—as I say, we are going to work extremely closely with the Scottish Government on those—ultimately, provision for dealing with terrorism matters remains a reserved power of the UK Government, so it is appropriate that the commencement provision remains one that is exercised by the UK Government. However, I repeat my assurance to the hon. Member for East Lothian that we will work extremely closely with his colleagues in the Scottish Government—in particular those in the Justice Directorate, his old Department—to make sure nothing is done prematurely, or without being ready for it.
Question put and agreed to.
Clause 33 accordingly ordered to stand part of the Bill.
Clause 34
Polygraph licence conditions for terrorist offenders: Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 34 essentially has the same operative effect as the clauses we have already discussed in relation to polygraphs, except in relation to Northern Ireland. For the benefit of anyone listening in Northern Ireland and that of the hon. Member for St Helens North, we will work very closely with Naomi Long and the Northern Ireland Government on this, in the same way that we will work very closely with the Scottish Government. We recognise that they are not doing this already, and before we commence the provisions, we will need to make sure that the Northern Ireland Government are operationally able and ready to use them.
Question put and agreed to.
Clause 34 accordingly ordered to stand part of the Bill.
Clause 35
Polygraph licence conditions in terrorism cases: supplementary provision
Kenny MacAskill
I beg to move amendment 51, in clause 35, page 33, line 8, after “State” insert
“after consulting with Scottish Ministers and the Department of Justice”.
This amendment requires the Secretary of State to consult with the Scottish Ministers and Northern Ireland Department of Justice when making regulations under clause 35(1).
Chris Philp
I thank the hon. Member for East Lothian for his comments. I wholly concur with what he said about the importance of training and carefully managing who conducts these tests and how they conduct them. In evidence, we heard from Professor Grubin in some detail of the critical importance of training. Without the proper training, method and the right questions, the entire process is essentially worthless and could potentially lead to false results. I accept the spirit of the hon. Gentleman’s comments.
To reassure the hon. Gentleman, in clause 35(3)(a) there is a reference to “other matters”. I explicitly assure him that that includes things such as training. The Secretary of State will address those matters in detail in the regulations, as they are addressed in the current regulations made under the existing legislation that applies to sex offenders. Identical or similar measures relating to training will be included in those regulations.
In relation to the question of confidentiality, which I have previously touched on, disclosure of any information obtained by polygraph testing will be shared only with governmental partners, particularly law enforcement agencies. It will not be disseminated or disclosed any more widely. I hope that assures the hon. Gentleman about the detail that the regulations made under clause 35 will go into. They will most certainly address the issues that he is properly raising.
Kenny MacAskill
I am happy to accept the Minister’s reassurances. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Alex Cunningham
Again, I will be brief. I am aware that an amendment that I have tabled cannot be selected for debate, so I am content to address clause 35 stand part instead.
We accept that polygraphs have their uses, albeit very limited. Most notably, we recognise that polygraph examinations have been used with some success in the management of sexual offenders since 2013 by the National Probation Service. The Minister spoke about that and convinced us that, for that reason, we do not need a pilot for the Bill.
However, as has been said over and again in the evidence sessions and in debate, they are far from 100% accurate. While they give an indication, when used in the right conditions, that can detect traits associated with lying, they are far from infallible. The Bill allows the Secretary of State to impose mandatory polygraph examinations on high-risk offenders who have been convicted of terrorist offences or offences related to terrorism. Specifically, it allows for mandatory polygraphs to be taken three months post release and every six months thereafter unless the test is failed, after which the offender would have to take them more regularly.
However, the Government seem shy of spelling out the detail of how their proposed regime will work, leaving it to secondary legislation in the shape of regulations, which are mentioned in subsection (9). I, for one, am always a little wary of the Government when they opt for that route.
The Minister needs to provide a robust explanation of why he does not want that detail in the Bill. Is it a case of having insufficient detail at this stage to work out exactly what he wants to achieve with polygraph testing, or does he share everyone else’s reservations about the application of the test? I hope that he will explain why there has to be a delay. I am sure that if the Minister looked at the legislation relating to the application of polygraph tests to sex offenders, he could cut and paste the wording, and tidy it up to suit this legislation, so there is no excuse for it not being in the Bill.
The Ministry of Justice has committed to a review of the value of polygraphing terrorist offenders and those convicted of offences related to terrorism after two years, which we very much welcome. However, as I said earlier, we would welcome that kind of commitment in the Bill, and a clear statement that people with protected characteristics will be covered specifically. It would help the Committee were the Minister to spell out how he expects such a review to be conducted, what he expects out of it, and whether he would adopt the need to achieve the specific things that I have spelled out.
I reiterate that Labour does not object to the use of polygraphs as set out in the Bill, but we should see the detail from the Government on exactly what they want to do. They ought to spell it out in the Bill. I hope that the Minister will reflect on that, and perhaps accept that it would be an easy job to cut and paste from the other legislation and to table an amendment on Report that provides the clarification we seek.
Chris Philp
The shadow Minister asks why we do not specify in the Bill the full detail about how the polygraphs will be used, and why that will be done in secondary legislation. Of course, that is extremely common. It is usual for matters of great detail to be done via secondary rather than primary legislation, in order to avoid, in the first instance, filling the Bill with a great deal of operational matters.
There is also the possibility that operational best practice may change in due course. If scientific evidence develops, or as practice evolves, there may be things that we could do differently or better. Clearly, if it was set out in primary legislation, it would take a great deal of time to change the detail. We would have to wait for a Bill to come before Parliament with the matter in scope, which could take some years. There are quite a few things that the Government have been wanting to do for a while, and we have been waiting three or four years for the right Bill to come along, including some in the Ministry of Justice. Of course, such changes can be made more deftly and more quickly by secondary legislation.
If the shadow Minister wants to see the sort of detail that he can expect, the existing regulations made under the 2007 Act to implement polygraph testing for sex offenders will give him a great deal of information. Obviously, we will study those very carefully when making regulations under clause 35. If he wants further detail, he can certainly find it in the existing regulations.
Question put and agreed to.
Clause 35 accordingly ordered to stand part of the Bill.
Clause 36
Release on licence of terrorist prisoners repatriated to the United Kingdom
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 36 covers the release on licence of terrorist prisoners repatriated to the United Kingdom. The clause refers to schedule 11, which, as we shall discuss in a moment, sets out arrangements for the release on licence of terrorist prisoners repatriated to the United Kingdom, so that their release provisions are consistent with those sentenced in the United Kingdom. In essence, it extends the provisions that we have debated already to ensure that people who are repatriated to the UK are affected by those provisions just as much as people who were here when convicted and when serving their sentence. I am sure that everybody would agree that that kind of consistency is extremely welcome and extremely important.
Question put and agreed to.
Clause 36 accordingly ordered to stand part of the Bill.
Schedule 11
Release on licence of repatriated terrorist prisoners
Question proposed, That the schedule be the Eleventh schedule to the Bill.
Chris Philp
Schedule 11 gives effect to the clause 36 in a number of technical ways, which I do not propose to go through in detail. It ensures that the clause has practical effect in law.
Question put and agreed to.
Schedule 11 accordingly agreed to.
Ordered, That further consideration be now adjourned. —(Tom Pursglove.)
Counter-Terrorism and Sentencing Bill (Third sitting)
Chris Philp ExcerptsTuesday 30th June 2020
(4 years, 4 months ago)
Public Bill CommitteesRead Full debate Counter-Terrorism and Sentencing Bill 2019-21 View all Counter-Terrorism and Sentencing Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 30 June 2020 - (30 Jun 2020)
The Chair
Thank you very much. We will start with questions. We have until 9.55 am, when we have to end the session bang on the dot. First, I will ask the Minister if he would like to ask some questions.
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
Q
Mark Fairhurst: Thank you. That is most welcome, and it will be appreciated.
Chris Philp
Q
Mark Fairhurst: Sure. It is very much intelligence led and risk based. Throughout a TACT offender’s sentence, they will be allocated a key worker officer, who will get to know them and help them through their sentence plan. During that sentence plan, they will be offered the opportunity to address their offending behaviour, and they will be offered two deradicalisation programmes while they are in custody.
Staff will observe their behaviour on the wings, and who they mix with, and they will submit intelligence reports on a regular basis, specifically if they have concerns around radical behaviour while an offender is in custody. That will then lead to a multi-agency approach, and when the offender is coming up to their release point with the Parole Board, we put in place MAPPA arrangements. We will have reports from prison officers, psychologists, psychiatrists and healthcare, and we will liaise with security services, and a full picture will be presented prior to that person’s release.
As we have just witnessed with the Streatham attacker, he left prison as a high-risk, category A offender. The intelligence and the risks that we highlighted to the security services led to him being monitored 24 hours a day, because he was a significant risk to the public. When you look at it in that vein, what we did was appropriate and led to an atrocity being avoided because of the swift reaction. So I think we have got the risk part of the sentence planning really sufficient while in custody.
Chris Philp
Q
Mark Fairhurst: Yes, that is correct, even—[Inaudible] —reached the halfway point, because legislation dictated that we had no option but to do that. The intelligence we had gathered on his antisocial behaviour and radical behaviour in prison led the Security Service to believe that they were right in following and monitoring him upon his release so extensively. That would be the case in this situation as well. I believe that, with this Bill, at the two-thirds point, people must go through a parole process.
Chris Philp
Q
Mark Fairhurst: That is a really valid point, and these concerns have been expressed from the frontline. I can give you an example. At the moment, if we are going to extend the sentences, and we are going to insist that the most serious offenders spend the entire sentence in prison, that will increase headroom in the high-security estate. Also, it incentivises people not to behave correctly or to go on deradicalisation courses.
For example, at the moment, we have funding, and we should have open three separation centres, but we have only got one, with a small number of the most influential and serious terrorist offenders, in play. That leads to serious concerns from my members who are in that separation centre at HMP Frankland, because we are now in a situation where the prisoners who are housed there are not engaging with staff whatever. We have had a really violent assault on a prison officer, and there is nowhere to transfer those prisoners to if they show violence towards staff or if they become a security risk. That is why we need more separation centres open, especially with the implementation of this Bill. More concerningly, there is now no incentive for good behaviour.
Chris Philp
Q
Mark Fairhurst: I think the separation centres are the key. We need three open because, as you are all aware, the rise of the far right is a real concern for the security services. It would be unwise to put high-profile far-right extremist offenders in the same separation centre as Islamist extremist offenders, with staff stuck in the middle. That is the key point here.
To come to your point, what can we do to incentivise people to take part in deradicalisation courses if they know they are going to serve their full sentence? All we can do on the frontline is our best, and that is to try to engage with people, get to know them and encourage them to take part in deradicalisation. We involve imams and community groups to come in and speak to these people. We just keep chipping away, because it is down to the individual. Only the individual can change. We can encourage them to change. We can give them the ideas to change and the courses to help them change, but it is down to the individual. The biggest fear from the frontline is, “If I know, as a terrorist offender, that I am going to serve my full sentence, and I am not going to get any chance of early release, I might totally disengage, and that might reinforce my radical views, which leads me to a disruptive life inside.” That is the biggest fear.
Chris Philp
I understand, although, of course, if they step over the criminal threshold, they will be prosecuted. Equally, there is no value in people pretending to engage with deradicalisation programmes just to secure early release, so we need to be mindful of that risk as well. Thank you, Mr Fairhurst.
The Chair
We have until 10.25 am for this session. Professor Acheson, thank you very much for joining us. Would you like to introduce yourself and your organisation briefly, please?
Professor Acheson: My name is Ian Acheson. I used to be a frontline prison officer, so I would like to be associated with the comments that were made this morning. They are the unsung heroes of our criminal justice system, often overlooked and certainly undervalued. They do an amazing job.
I worked in the Prison Service as an officer and then as a governor. I left it and joined the Home Office via the Youth Justice Board, where I was the senior civil servant responsible for the Contest strategy, our counter-terrorism strategy, among other things in south-west England. After that, I joined the Equality and Human Rights Commission as the chief operating officer and I left public service then. I now work for a variety of organisations, including the Counter Extremism Project, which is an international non-profit organisation that looks at ways of countering violent extremism. I am also a visiting professor at Staffordshire University School of Law, Forensics and Policing.
Chris Philp
Q
Professor Acheson: The Prison Service, as we are all aware, is under a great deal of pressure, certainly in England and Wales. The backdrop is what I would describe as a significant decline in all sorts of metrics of good order, discipline and control across most, but not all, prisons. That provides a backdrop of instability, which is germane to your question. We need to have stable, well-run prisons with suitable and sufficient numbers of staff present to set the tone, to be able to control the environment and certainly to be able to spot and intervene early when they see signs of extremist-related behaviour, whether from prisoners imprisoned under terrorism legislation or others who look like they are being drawn into violent extremism.
One of the problems that I have with the system is that we do not seem to have an assertive and challenging approach to managing terrorist prisoners, or ideologically motivated prisoners, from the start of their sentence to their last day in community supervision. The system is fraught with problems of handovers between the Prison Service, the Parole Board and the probation service. I do not believe that that system of managing a particular set of prisoners with some unique characteristics is the right way of proceeding.
I would like to see a dedicated unit, if you will—I recommended that in my 2016 report; unfortunately it was not one of the recommendations that was taken forward—that manages offenders end to end, from literally the first night in custody to the last night of community sentence, and that has a detailed biographical understanding of a prisoner. That involves specialists, psychiatrists, theologians and various people intervening but managing that prisoner all the way through into the community.
Mark Fairhurst mentioned the importance of reintegration after custody for terrorist offenders. In some respects, integration is the key challenge as well. At the moment, the state has a monopoly on the management of terrorist offenders after custody in terms of MAPPA, where the probation service, the police and the Security Service manage the security aspects. There are no other organisations, apart from some voluntary organisations that are involved in the desistance and disengagement programme. We do not have any community involvement in the resettlement of terrorist offenders and their reintegration in the community. That is a big issue that needs to be addressed.
Chris Philp
Q
Professor Acheson: In relation to terrorist offenders, for example, the situation feels to me as though, as long as they are not creating any problems, they are largely left alone. When they start to create problems, there are alternatives, which could include segregation, administrative penalties or incentives and earned privileges penalties. In extremis, if they are subversive—this was one of my recommendations that was taken forward, as you might be aware—separation centres exist for them.
We need to make sure that we look at it from the sentencing point. To illustrate it like this: what is really important is that we have got some sort of baseline measurement for a judge, after a conviction, to inform sentencing. We do not have that at the moment. We do have pre-sentence reports, I understand that, but we do not have a sufficient level of granularity or expertise put into that plan, which is the baseline measurement of dangerousness, for any terrorist offenders.
As you are aware, they are a very heterogeneous group. They resist being compartmentalised. We have people who murder people who are losers and we have people who murder people who are university graduates. There is an enormous variety and it resists generic sheep dip-style approaches. I am afraid I would categorise healthy identity intervention as one of those processes that I do not think works. We need to go back to having this baseline measurement at the start, managed by one unit all the way through that is frequently looking at whether dangerousness has increased or decreased, and devising and managing interventions to meet that individual pathology, that individual terrorist profile.
I am aware that Lord King has said in Parliament that you are recruiting some prison imams to take part in ideological interventions. That is very good news—so, theological, psychological, family-related and substance misuse. It is important to look at these people as individuals if you want to reduce their dangerousness. It is important to look at that dangerousness as early as possible, with the right people managing it all the way through.
As I have said before—I do not want to repeat myself—I think the system is far too fractured at the moment. We are only talking about 220-odd offenders at the moment, with the Government making what I think is the fairly optimistic estimate of an extra 50 as a result of the new legislation. It will increase because of the police and security services’ ability to spot people further and further upstream from actual terrorist incidents. That number will increase, but it is still a manageable number and it is still worth while investing significantly.
I am not a great fan of the statistic that is bandied about that says that only 5% to 10% of terrorist offenders reoffend after custody. That is a proven reconviction for a terrorist offence. That is a very lazy proxy for damage. If you apply that to our number of offenders, that means there are another 11 Sudesh Ammans in the system. That is completely intolerable and unacceptable. I do not think we should be comforted by the fact that some research is showing us that recidivism is fairly low. There is research in Europe that says that the period immediately following release of a terrorist offender is the period of most risk. That does not fit the profile of the Westminster bridge attacker, who waited for 11 or 12 months before something mobilised him into murdering two young people. We have to apply a very individualised, very assertive and challenging approach.
You talked about incentives and so on earlier with Mark Fairhurst. I think that might be looking at it in slightly the wrong way. I have a bit of a problem with the philosophical and organisational fitness of the Prison Service, the probation service and the Parole Board to manage these particular offenders. They are ideologically inspired offenders. We must insist they adopt civilised values, not look at it as a thing that needs to be rewarded. That is very difficult. I am not suggesting it is simple.
Just to avoid any misunderstanding, in my specification for separation centres, I specifically designed a regime—and suggested this to the Prison Service—that was not punitive and which was, as I have described it, a humanised approach. We cannot talk to dead terrorists; we can talk to live ones. We can find out an enormous amount. We can influence them an enormous amount with the right skills and the right staffing to be able to have a good sense of how dangerous they are and influence them towards disengagement, or desistance if disengagement is not possible.
The Chair
I suspect that your evidence is extremely useful to the Committee, but I have to ask for slightly shorter answers, please.
Chris Philp
Q
Professor Silke: That is a crucial question. Probably one of the starting points—this has been touched on by some of the others who gave evidence—is how the UK sits in terms of the international approach to dealing with terrorism among violent extremist offenders. Overall, you would probably argue that the UK’s approach is seen as one of the better available approaches and enjoys what is seen internationally as a good success rate. I know that that is difficult to consider in the context of the attacks that took place in Streatham and London Bridge, but overall the UK’s system for dealing with terrorist prisoners is seen as one of the more effective ones available internationally.
Chris Philp
Q
Professor Silke: The approach has transformed a lot in the past 10 years. There has been a variety of ways in which it has changed. I am particularly looking at the approach in England and Wales here. First is the development of specialised risk assessment tools and frameworks for dealing with terrorist prisoners. There was recognition in the 2000s that the existing risk assessment tools did not work well with terrorist prisoners and that they needed something that was more specialised to more reliably assess risk with them. This led to the development of the extremism risk guidance 22+—the ERG—which is a bespoke risk assessment tool now used in England and Wales. In my view it has genuinely enhanced and transformed risk assessment for these prisoners, making it much more viable compared with what it had been prior to the introduction of this programme.
Tied into the development of the ERG has been the development of a number of interventions. The healthy identity intervention has already been mentioned, and desistance and disengagement has been flagged as well. The healthy identity intervention draws on the ERG, so the two of them are linked to some degree. HII has come in for criticism, but it is actually a much better intervention than perhaps it gets credit for. It tackles a lot of the issues that we are concerned about in terms of offender radicalisation. I have had the opportunity of being able to interview prisoners before and after they have gone on this programme, and certainly in many cases I have seen a transformational change in prisoners.
The other factor—this has also been raised in other testimony before the Committee—relates to post-release behaviour by prisoners. We have an extremely low reoffending rate for terrorist prisoners in the UK, which we should not dismiss out of hand. If we could get similarly low levels of reoffending for other types of offenders, we would be extremely happy.
Failures with interventions—such as a prisoner taking an intervention, being released and then reoffending—does not mean that the intervention itself is useless or ineffective in the majority of cases for people who use it. We should reflect that all the interventions used in the prison system, for a whole range of offences, have their failures. This does not mean that we should stop using them or abandon them or view them as unhelpful in the majority of cases.
Chris Philp
Q
Professor Silke: It is a complicated question. In general, I agree with Mark Fairhurst’s point that the potential for early release is an important incentive for behaviour in custody. If we lose the potential for early release, we are losing a tool from the toolbox, and we need to question whether that is sensible, or whether there are advantages in keeping it in some shape or form.
Does false compliance happen? Yes, it certainly does, but if we look at reoffending stats, compliance seems to be genuine in most cases. Nobody has a 100% effective intervention for dealing with these types of prisoner or any other type of prisoner, so we should never expect an intervention to be 100% accurate. However, the stats suggest that what is happening in prison with most terrorist prisoners is currently effective, and so if we are making changes to the regime and to the interventions, we need to have a careful think about what the knock-on consequences might be.
Personally, I prefer still to have the potential for early release at some stage as a tool in the toolbox for these serious offenders. I think it can make a difference in some cases. From my perspective, the Parole Board usually brings a serious and considered assessment of the available evidence in a particular case, which is often very welcome. Again, by removing that from the equation, are we losing something that has value?
Alex Cunningham
Q
Professor Silke: The problems are relatively new. My view is that they work far better than most members of the general public want to think. Again, the proof is in the very low reconviction rates that we see after people have been released. If it is working in the vast majority of cases, that is an encouraging sign. If there are failures, we need to look into that. One thing that the Bill does not do in its current format is try to identify what is different about the failures compared with the rest of the prisoners who are being released—what went wrong in their cases compared to the others? I am not sure that we are getting at that at the moment.
The evidence base around both risk assessment and interventions for terrorist prisoners is in development. It is massively better today than 10 years ago, and I think it will continue to improve. I know that the Ministry of Justice is involved in a range of programmes to improve the evidence base around ERG and healthy identity intervention, which I strongly welcome. Many Governments are involved in similar efforts overseas.
Counter-Terrorism and Sentencing Bill (Fourth sitting)
Chris Philp ExcerptsTuesday 30th June 2020
(4 years, 4 months ago)
Public Bill CommitteesRead Full debate Counter-Terrorism and Sentencing Bill 2019-21 View all Counter-Terrorism and Sentencing Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 30 June 2020 - (30 Jun 2020)
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
It is a pleasure to serve under your chairmanship, Mr McCabe, in our line-by-line consideration of the Bill. I thank the shadow Minister for his opening remarks, in which he expressed general support for the objectives of the Bill. I hope that we can, as he said, provide an example of constructive cross-party working, although I am sure he will have many questions about the detail. As the shadow Minister has said, and as the hon. Member for Coventry North West said in her speech, the threat that terrorism poses is a serious one, and one of our heaviest responsibilities as Members of Parliament is to protect our fellow citizens from such attacks, but in a way that is lawful, fair and just.
Amendment 35 seeks to specify a beyond-reasonable-doubt standard of proof in making the terrorist connection, as clause 1 does. I am happy to confirm for the shadow Minister that existing criminal court procedure already requires the criminal standard of proof to be met in making a determination of a terrorist connection, or indeed any finding of fact in relation to sentencing. If, after conviction by a jury, there is a finding of fact to be made by the judge prior to sentencing in what is known as a “Newton” hearing, under existing procedures the criminal standard of proof is applied. On the request that the shadow Minister and his colleagues make, I am happy to confirm that it is already inherent in the operation of our criminal justice system, and rightly so, for all the reasons that the shadow Minister and the hon. Member for Coventry North West have outlined. I trust that on the basis of that assurance they will see fit not to press the amendment, given that the provision they call for is already enshrined in law.
One further point: both the shadow Minister and the hon. Member for Coventry North West raised the question of what happens if the judge makes an error or exhibits some form of conscious or unconscious bias. That is extremely rare, but, if it did happen, there are of course appeal rights against both the sentence and any erroneous finding of fact associated with it. If a defendant or, by this point, an offender who has been convicted feels that the sentence is genuinely unfair or that an unfair determination has been made of a terrorist connection, they can appeal, so a safety mechanism by way of appeal also exists. I hope that on that basis the shadow Minister will not press the amendment to a vote.
Alex Cunningham
I am grateful to the Minister for his explanation. He believes that the matters are already covered in existing law, but perhaps he will accept that later in the Bill we will be discussing how we make sure that what has happened over a period of time has in fact demonstrated that the judges have got it right. In other words, we will revisit this matter with a view to seeking a form of review of how the legislation is working to ensure that we do not have the particular problems that might well be possible. I am also grateful to him for reminding us that in criminal proceedings we still have an appeal process in this country, and I am sure that that would operate appropriately. On the basis of what the Minister has said and on the basis that we will seek reassurance through a review process later in the Bill, I am content to beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Chris Philp
I thank the shadow Minister for his detailed exposition of some of the risks that we must seek to navigate and overcome. For justice to function, we must make sure that it is truly even-handed and fair in assessing anyone who comes before the court, regardless of their background, race or religion.
Taiwo Owatemi
Is the Minister not concerned that, without proper consideration of the impact of the Bill on many BAME communities, relationships between these communities and authorities may worsen?
Chris Philp
Let me come on to that point, which is the substance of the amendment. The amendment calls for an assessment prior to the clause coming into effect; it does not ask for an assessment afterwards but beforehand. I submit to the Committee that the impact assessment published with the Bill and the accompanying equality statement, which looks specifically at questions of racial and religious discrimination—or the potential for those things to happen—has already thoroughly analysed the Bill’s potential impact. That detailed analysis, which obviously included a review by Government lawyers and others, concluded that nothing in the Bill would unlawfully discriminate against people of a particular ethnic or religious background within the meaning of the Equality Act 2010.
Of course, the provisions in the Bill are simply based on a measure of criminality—has somebody committed a specified offence? Is there a terrorist connection? Nothing in any of those provisions is biased for or against anyone from any particular background, as is the case with all laws that Parliament passes.
Alex Cunningham
The Minister says that nothing in the Bill would lead to further discrimination. I should hope that that would be the case for any legislation we pass. However, the fact remains that there are certain groups within our society—BAME and other groups—who are disproportionately disadvantaged in the legal system. The amendment asks the Minister to recognise that there could be even more of that as a direct result of the provisions of the Bill.
Chris Philp
Where there are concerns of the nature of those raised in the Lammy review, which I think the shadow Minister or the hon. Member for Coventry North West mentioned earlier, the Government are committed to responding to those. Indeed, in a sense, we are in the wrong room in Parliament today to raise that, because there was an urgent question earlier on exactly that topic, to which the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk) responded.
The Government are committed to acting in response to the Lammy review to make sure that no unconscious biases discriminate against any particular group. I have not had a chance to read the Hansard of the debate, and I suspect the shadow Minister has not either, but based on the conversations that I have heard taking place in the Ministry of Justice, I think that the Government generally and the Ministry of Justice in particular are committed to taking action where needed. I would have expected the response of my hon. Friend the Member for Cheltenham to the urgent question an hour or two ago to have confirmed that.
Alex Cunningham
The fact remains that the Lammy review talked about a whole range of provisions that were supposed to be implemented, but very few of them have been. Some have been partially implemented and others have not. Can the Minister simply accept that we are failing as a Government and a Parliament to ensure that discrimination does not exist in our system? We are simply not taking the action to do that. Does he further accept that the more legislation we have where particular groups of people, BAME or otherwise, feel that they are being discriminated against, the greater the discord in society?
Chris Philp
Recent events obviously tell us how important it is to maintain social cohesion and confidence in the criminal justice system. The hon. Gentleman raises a point that goes far beyond the scope of the Bill, but it is a fair point none the less. If he listens to what my hon. Friend the Member for Cheltenham, my fellow Justice Minister, said in the House of Commons Chamber earlier, he will see that the Government are resolved to act where necessary to address issues of that kind.
The substance of the Bill is obviously public protection. It makes no distinction between any kind of terrorism, whether rooted in a twisted religious ideology or a far-right ideology, or terrorist acts committed for any other reason. The Bill, as with all Bills, as the hon. Gentleman says, is even-handed between different kinds of offence and different kinds of offenders. Where we need to do more systemically, not just in relation to the Bill but across the whole range of the criminal justice system, to make sure that everybody gets a fair hearing and fair treatment, the Government will do that. I hope that the response of my hon. Friend the Member for Cheltenham to the urgent question earlier will give assurance on that point. No doubt there will be many more opportunities to debate it.
Chris Philp
On the specific question of amendment 36 to clause 1 and amendment 42 to clause 21, which call for an impact assessment prior to the commencement of those clauses, I repeat what I said earlier. We have already done that. It has been published as the impact assessment together with the Bill and the equality statement that went with it. The obligation being requested by the amendments has already been discharged, but of course we must remain mindful, as the shadow Minister eloquently said, of potential unconscious biases. We must be vigilant and make sure that our justice system is not in any way besmirched by them. I am confident that the measures my hon. Friend the Member for Cheltenham laid out earlier will achieve that.
Alex Cunningham
I am sorry that the Minister would not give way, because I wanted to press him on that particular matter. We have several days of debate, so we have plenty of time to deal with these issues. It is a bit disappointing.
Chris Philp
I apologise; I did not realise that the hon. Gentleman was trying to intervene. Had I realised, I would, of course, have given way.
Alex Cunningham
Fair enough; I accept that.
The Minister was talking about how the Bill is important for public protection and I agree. It is essential to protect the interests of the public, but if the Bill results in a growing number of terrorists in prison, and if we are releasing into the community people who are still radicalised—or even new people who they managed to radicalise when they were in prison—perhaps public protection will not gain in the way that the Government hope.
I accept the Minister’s statement that he believes the law covers that, but I am disappointed that we cannot accept that a review, although it might cost a few pounds and take some time to commission, would at least give us some information to enable us to understand how well or how badly the legislation is working. I accept what he said, however, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chris Philp
We touched on many of the purposes of clause 1 in our debate on amendments 35 and 36. Very briefly, clause 1 seeks to give judges the power to make a factual finding after conviction that a particular offence has a terrorist connection, to the standard of proof beyond reasonable doubt, as has been discussed, rather than simply referring to a fixed schedule of offences. If, for example, somebody commits an offence that is a serious offence but is not currently on the list of terrorist offences, the finding of terrorist connection can none the less be made. That has consequences in the rest of the Bill, and we will debate them in due course.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Schedule 1 agreed to.
Clause 2
Meaning of “serious terrorism offence”: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
The purpose of clause 2 is to create new categories of offences in relation to the new serious terrorism sentences. It defines the meaning of a “serious terrorism offence” in England and Wales, so that a sentencing court can establish whether an offender has committed a qualifying offence for the purpose of applying the serious terrorism sentence, which we will discuss more in due course.
The clause will amend section 306 of the sentencing code to include a new category of serious terrorism offence, with two subsets of offences: those in part 1 of schedule 17A, which specifies offences with a life penalty that are terrorist or terrorist-related; and those in part 2, which specifies offences with a life penalty that may be found to have a designated terrorist connection further to section 69 of the sentencing code, as amended.
Clause 2 inserts new schedule 17A into the sentencing code that is currently making its way through Parliament, so that those offences can be identified as serious terrorism offences by the sentencing court for the purposes of setting a serious terrorism sentence or, alternatively, an extended sentence.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
Schedule 2 agreed to.
Clause 3
Offences relevant for provisions of this Act relating to Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 3 has essentially the same purpose as clause 2. Clause 2 applied to England and Wales; clause 3 does essentially the same thing in relation to Northern Ireland, by amending article 12 of the Criminal Justice (Northern Ireland) Order 2008.
Conor McGinn (St Helens North) (Lab)
There is a specific point on this and some other measures in this Bill pertaining to Northern Ireland: they will require a legislative consent motion in the Northern Ireland Assembly. To start as we mean to go on, and so that I do not have to ask the Minister this at every juncture, will he outline what representations he has received from the Northern Ireland Executive, specifically the Justice Minister? For the benefit of the Committee, will he also set out what it means to have to go through the legislative consent motion process?
Chris Philp
Under the Sewel convention, where a provision in UK legislation touches on a matter that is devolved to one of the nations of the United Kingdom, one applies for a legislative consent motion. Most of the Bill, relating as it does to terrorist offences, is reserved to the UK Government, but some relatively limited elements of it touch on matters that are ordinarily devolved. For them, we will of course seek a legislative consent motion under the Sewel convention. In that context, we have made contact with the Scottish Government in Holyrood and with the Northern Ireland Administration—in particular, with Justice Minister Naomi Long. We have entered into fairly extensive correspondence, which is ongoing, about the provisions in the Bill. The Justice Minister in Northern Ireland has raised various matters, which she has asked questions about, asked for clarification about and wanted to discuss further. Those discussions and that correspondence are ongoing.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Schedule 3 agreed to.
Clause 4
Serious terrorism sentence for adults aged under 21: England and Wales
Alex Cunningham
I beg to move amendment 37, in clause 4, page 5, line 32, at end insert—
“(7) The pre-sentence report must—
(a) take account of the offender’s age;
(b) consider whether options other than a serious terrorism sentence might be more effective at—
(i) reducing the risk of serious harm to members of the public, or
(ii) rehabilitating the offender.
(8) The court must take account of any points made by the pre-sentence report in relation to the matters in subsection (7) and consider whether they constitute exceptional circumstances under subsection (2).”
Ruth Cadbury
I absolutely agree with my hon. Friend. As others have said, it would have been better if there had been proper risk assessments of a number of aspects of the Bill, because many clauses do not seem to be evidence-based. We know that we have funding problems within the prison system. We know that we have, as we heard this morning, disjoints between various elements of the course through the system for offenders. There is an awful lot of work to do, and there are a number of respects in which I do not feel that the Bill is fit for purpose. It would have been better if it had been based on proper evidence of what works to reduce the threat to the public and improve rehabilitation.
Children have long been treated differently in sentencing considerations, and the amendments would enable particular considerations for young adults, particularly of their maturity. Mr Hall, the independent reviewer, was concerned that, unless these considerations are taken into account, we risk locking people up for too long, building bitterness and a refusal to engage in the prison system, and actually, on eventual release, potentially a greater risk. He considered that longer and more punitive sentences do not in themselves ensure that people are less dangerous on release, and that while extending sentences for serious offenders may, of course, keep them out of our harm’s way for a temporary period, we do not want them to leave prison more dangerous than when they entered.
Early release provides prisoners with the incentive to behave and show that they are capable of reform. We heard powerful evidence that prison staff are at increased risk of harm where hope is lost. As my hon. Friend the Member for Stockton North said, many studies show that young terrorist offenders are much more likely to reform than older offenders, yet the Bill treats a young adult who has just turned 18 the same as an older offender. Are the Secretary of State and the Minister concerned that the Bill effectively gives up on those offenders?
We need to look at the evidence, not the tabloids. We need a flexible response that is offender-based, and it must be tailored. If we really want to enable rehabilitation and reduce the harm to the public, I hope that the Minister will consider the amendment.
Chris Philp
I will speak to the amendments relating to younger offenders. There are a couple of things to be clear about first of all. For the sake of absolute clarity, offenders who are under the age of 18 are not subject to the 14-year minimum prison sentence. Only offenders over the age of 18 are subject to those provisions. The amendments relate to offenders aged between 18 and 21, so we are discussing a very specific cohort.
I agree and concur with many points that the shadow Minister and the hon. Member for Brentford and Isleworth made about rehabilitation, and about the increased opportunity for rehabilitation for younger people. It is of course the case that younger people are more open to change—particularly as their brains mature—than older people, and it is right that we try to work with them to achieve that. I would not dispute that as a general principle, but clause 4 as drafted applies to an extremely small subsection of those offenders aged between 18 and 21. It by no means applies to the generality of offenders, including terrorist offenders, aged 18 to 21. It applies to that narrow subsection who have committed a serious terrorist offence, as we have discussed already, but it also requires a finding by the judge, following a pre-sentence report—something the shadow Minister referred to in his amendment and in his speech—of dangerousness. What a finding of dangerousness means in law is that there is a significant risk of the offender causing serious harm by committing further serious terrorism or other specified offences.
There are already two hurdles to jump: a serious terrorist offence, followed by a finding of dangerousness based on a pre-sentence report. However, there is also a third hurdle that must be jumped before a younger offender aged 18 to 21 would fall into the scope of this clause, which is that, at the time of committing the offence. they were aware, or should have been aware, that their offence was very likely to result in or contribute to multiple deaths. That is a well-established test dating back to section 1 of the Terrorism Act 2000. We are talking about an extremely small subsection of offenders aged 18 to 21 and a very small subsection even of terrorist offenders—those who meet all three of those criteria.
Alex Cunningham
I wonder whether it really is true that it is such a small cohort of offenders, because the Bill opens up the number of offences that can be considered severe enough for this sentence to be passed. There may currently be very few, but this new law extends the offences quite considerably—in fact, in some ways, it leaves it quite open for people to determine that a terrorist offence or a terrorist connection is involved. Surely there is more opportunity now for people to be serving this sort of sentence.
Chris Philp
The provisions open it up for judges to make a finding of a terrorist connection, but the impact assessment for the Bill refers to a potential increase in the prison population of 50 people. Of course, that is for all ages over 18; if we consider how many of those estimated additional 50 places might be occupied by people aged between 18 and 21, one might reasonably assume that the number at any one time will certainly be less than 10 and possibly even less than five. That is an estimate, but none the less, it appears in the impact assessment.
Alex Cunningham
It might be helpful, as the Bill progresses, if the Minister could publish some of the facts and the evidence for the claim he has just made about the 50 people and the relatively small number of younger people.
Chris Philp
I think the number 50 appears in the impact assessment, and I would be happy to look into the basis for that estimate. As for the number of younger people, that was something that I spontaneously generated, based on the fact that we are talking about a three-year range from 18 to 21, whereas the number of offenders will generally cover all ages, from 18 upwards.
The point I am making is that, while I accept the generality of what the shadow Minister and the hon. Member for Brentford and Isleworth say about the need to have hope and to have an opportunity to rehabilitate, we are talking about a very small number of very serious offenders, who have been assessed as dangerous following a pre-sentence report and who have engaged in activity likely to cause multiple deaths. In those very serious circumstances, I think it is appropriate, and I think the public would also think it is appropriate, that we protect the public for an extended period, as this Bill does.
If we are talking about other offenders, including terrorist offenders who do not meet that level of seriousness—there are many—all the comments made about rehabilitation and the chance to reform do legitimately apply. Indeed, we heard in evidence earlier today that the proven reoffending rate on release for that sort of offender is between 5% and 10%, which is an extraordinarily low figure compared with other cohorts. That suggests that the rehabilitation work done in prison is effective, as I think our last witness this morning suggested.
It is important, given the assessment of dangerousness that is made, that the pre-sentence report fully reflects the offender’s ability to change and the changes to the brain and so on that take place around the early 20s. That is a point that my hon. Friend the Member for Aylesbury, who is not with us this afternoon as he is attending the Justice Committee, has made to me. I will discuss with the Minister of State, Ministry of Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer)—I would not like to get my north, south, east and west muddled up—who is the prisons and probation Minister, whether there is any more we can do to make sure that these pre-sentence reports fully reflect the points that the shadow Minister and the hon. Member for Brentford and Isleworth have made about people’s ability to change. Those points are relevant in the context of assessing dangerousness, because if someone is undergoing changes, they may be less dangerous than someone who is fixed in their ways. I will take up that point with my hon. and learned Friend.
Alex Cunningham
The Minister may well be considering whether he is prepared to take the risk with this small cohort of people. As my hon. Friend the Member for Brentford and Isleworth outlined earlier, these individuals, who could reach middle age before there is any prospect of the state being off their back, are susceptible to further radicalisation in prison and might radicalise others. Surely, therefore, there is an element of risk that needs to be considered so that we can try to balance things.
Chris Philp
The cohort that I have described are dangerous, have been found to be dangerous by a judge following a pre-sentence report and have tried to kill multiple people. With this very small number of very dangerous people, who are endangering the lives of our fellow citizens, it is appropriate to prevent them for an extended period of time—a minimum of 14 years—from attacking our fellow citizens in the future. It is a truly exceptional and small cohort.
Speaking of the word “exceptional”, if there are circumstances in relation to these people that a judge thinks are truly exceptional—some extraordinary extenuating circumstances—and that, despite the fact that they have done the terrible things I have described and despite the finding of dangerousness, merit different treatment, the judge has open to them the possibility to make a finding that there is an exceptional circumstance and can derogate from the 14-year minimum. We would expect that to be extremely unusual—indeed, truly exceptional, as the word implies.
Given how dangerous and damaging this very small number of people are, and given our obligation to protect the public, this measure is couched appropriately. There is the ability to not make a finding of dangerousness, having read the pre-sentence report. There is also the ability for the judge to find that an exceptional circumstance applies. That provides more than adequate protection, bearing in mind how dangerous these people are.
As for other offenders, however, I take the point about the need to rehabilitate; rehabilitation is often successful, as we have seen from the figures. As I said, I will talk to my hon. and learned Friend the prisons and probation Minister to make sure that all the relevant information is collected in probation reports, which will help a judge when making a determination on the question of dangerousness.
I would like to briefly respond to a point made by the hon. Member for Brentford and Isleworth about indeterminate sentences and throwing away the key, as she put it. Of course, the coalition Government legislated—I think it was in 2012—to get rid of the former sentences of imprisonment for public protection, which had been introduced in the early 2000s, whereby people could be left in prison forever, despite not having been given a life sentence. Those sentences were replaced with extended determinate sentences, so the coalition Government, which of course was Conservative-led, legislated to remove, or significantly reduce, that problem of locking people up and throwing away the key, which the hon. Member referred to in her speech.
I hope that I have explained why this measure is appropriate, bearing in mind the small numbers and the extreme danger that these people represent, and I express my support for the Bill as it is currently drafted.
Chris Philp
In my response to the amendment, I described the effect of the clause and the tests to be applied. If those tests are met, the minimum sentence of 14 years will be imposed, followed by a licence period of not less than seven years and not greater than 25. I beg to move that the clause stand part of the Bill.
Question put and agreed to.
Clause 4 accordingly ordered to stand part of the Bill.
Clause 5
Serious terrorism sentence for adults aged 21 or over: England and Wales
Alex Cunningham
I beg to move amendment 38, in clause 5, page 7, line 35, after “25 years.”, insert—
“(5) Where—
(a) a prisoner is subject to a licence for an extension period under this section, and
(b) the qualifying period has expired,
the Secretary of State shall, if directed to do so by the National Probation Service, order that the licence is to cease to have effect.
(6) Where—
(a) the prisoner has been released on licence for an extension period under this section;
(b) the qualifying period has expired; and
(c) if the prisoner has made a previous application under this subsection, a period of at least twelve months has expired since the disposal of that application,
the prisoner may make an application to the National Probation Service under this subsection.
(7) Where an application is made under subsection (6) above, the National Probation Service—
(a) shall, if it is satisfied that it is no longer necessary for the protection of the public that the licence should remain in force, direct the Secretary of State to make an order that the licence is to cease to have effect;
(b) shall otherwise dismiss the application.
(8) In this section, ‘the qualifying period’, in relation to a prisoner who has been released on licence, means the period of ten years beginning with the date of his release.”
The main area of concern that has led to the amendment relates to the maximum 25 years on licence specified by the Bill. We of course accept that we cannot have a cliff-edge situation whereby someone leaves prison without any further monitoring, particularly offenders in this cohort. There must be a licence period once the offender leaves prison. The issue is whether a licence period of up to 25 years is reasonable and whether it is a proportionate way of addressing the problem. There is also the concern over the lack of any review mechanism.
A licence for 25 years is equivalent to a licence for life. As well as severely curtailing the human rights of the offender after they have already completed their full custodial sentence, a licence for life also fundamentally constrains their ability to play an active part in society. For example, it would be a constant barrier to employment and—who knows?—perhaps new relationships. We would essentially be telling people that there is no point in them rehabilitating or contributing to society, because they will always be under suspicion—always under the careful watch and restriction of the state. A life on licence reduces individuals’ capability to reform and take positive action. It can have a detrimental impact on the joys of life that can keep an individual on the straight and narrow.
There is also the issue of the administrative burden on an already overworked National Probation Service, which has a financial cost, and which requires additional trained probation officers to deal with those released on licence. I would be interested to know where the idea for a term of 25 years on licence comes from. Is the Government’s intention simply that anyone convicted and sentenced to a determinate sentence of 14 years, with 25 years on licence, should have a life sentence, with the state constantly on their case and without any prospect of being released from it? If so, the Minister should say so. Can he confirm that there is logic in the period that he has decided on? Has he looked at the costs and at whether 20-year licenses, which would naturally be less expensive for the state, might be just as effective?
As I have said, the main area of concern that these amendments address is the maximum 25 years on licence specified by the Bill, which is effectively a licence for life under an indeterminate sentence for public protection. However, unlike the licence for life, the Bill does not allow for the licence to be terminated in certain circumstances. That creates an issue of unfairness, as well as a huge administrative burden, at a cost to the public purse.
I agree with the Independent Reviewer of Terrorism Legislation, Jonathan Hall, who said:
“determining whether a 7-year, 15-year or 25-year licence is appropriate at the point of sentencing for dangerous individuals who have committed the most serious offences may be asking courts to engage in guesswork.”
I personally would not feel confident in making such a decision. Would the Minister?
As I said earlier, there is a concern about existing case law and guidance available for sentencers on identifying terrorism connections when sentencing. We cannot expect sentencers to feel truly comfortable and informed if the frame of what licence they can impose is so broad. It is worth reiterating that a 25-year licence period is not so different from a licence for life. However, whereas licences for life imposed on imprisonment for public protection prisoners could be terminated in appropriate cases, that does not apply to serious terrorism sentences. It feels like the principle of rehabilitation is again being somewhat missed.
I spoke earlier this afternoon about young people. Is it the Minister’s intention that they are effectively to remain on licence until within a few years of the state retirement age? A 14-year term for a 20-year-old means that they will be 59 before they are free of the licence. Will the Minister clarify the merits of 25-year licensing and address young people in particular?
I am a strong believer in people doing their time for violent offences, but with a strong focus on rehabilitation. Our amendment would give them some hope that their good behaviour has paid off after time. Perhaps we need to give people sight of a future where they would live their lives in a very different way—an honest and crime-free way. What, if anything, can the Minister offer those people—particularly younger ones?
Chris Philp
The shadow Minister posed a question: why a maximum of 25 years? Therein lies the answer.
Alex Cunningham
Maybe I misunderstood, but I thought the 25 years was mandatory.
Chris Philp
No, it is a maximum. The licence period is between seven and 25 years; within that, the judge has discretion to choose the most appropriate length of time. The point that I was about to make is that it is up to judicial discretion to decide the appropriate length of time. We ask the judge to make that determination, as we do when setting any licence condition. That is the way the licence system works at the moment. The judge sets the licence period at the point of sentence.
The shadow Minister, quoting the independent reviewer, asked, “How can the judge know in advance what a suitable length of time may be, looking potentially as far as 25 years into the future?” The answer to that question is that although the licence period cannot and in my view should not be varied by the Probation Service acting administratively—that is for the judge to decide—the Probation Service can, and frequently does, vary the terms of the licence conditions; as an offender behaves better over time and matures, or as their radical or criminal behaviour more generally changes as they get older, the licensing conditions can be and are relaxed. The Probation Service does that as a matter of routine, and I would expect and hope for that to happen as time passes.
Were we to give the Probation Service the ability to change the length of licence period, it would be overriding a judicial decision, which is wrong in principle and would possibly infringe article 6 of the European convention on human rights, which says that the Government should not be allowed to interfere with or alter a sentence handed down by the court.
The shadow Minister mentioned the arrangements for terminating licence conditions for indeterminate sentences—that is, the old imprisonment for public protection I referred to previously. As the name implies, those IPPs are indeterminate and indefinite. A judge has not imposed a time limit, so they could go on for the duration of somebody’s life. Some termination mechanism is needed.
Where a judge has made a decision—and it is up to the judge to choose, at their discretion, somewhere between seven and 25 years—it is right that licence condition is applied for that length of time. However, to reassure the Committee and the shadow Minister, I should say that the Probation Service can, as appropriate, relax and change those licence conditions as time passes. That is the right way of handling the issue.
Alex Cunningham
I accept the Minister’s explanation and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chris Philp
We have covered many of the operative provisions. They are rather similar to the ones we debated in clause 4, in relation to people under the age of 21.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Clause 6
Serious terrorism sentence: Scotland
Kenny MacAskill (East Lothian) (SNP)
I beg to move amendment 43, in clause 6, page 8, line 10, at end insert—
“(ea) the court does not impose an order for lifelong restriction under section 210F of the Criminal Procedure (Scotland) Act 1995, and”.
This amendment disapplies Clause 6 if an order for lifelong restriction, a sentence unique to Scotland, has been imposed.
It is a pleasure to serve under your chairmanship, Mr McCabe. Before I move to the specifics of amendment 43, I will say by way of preface where my party and I are coming from. As the Minister is aware, we recognise that it is the duty of not just a Government to keep their citizens safe and secure; it is the obligation of all who serve in Parliament. At the outset, we have given the Government our assurance that any opposition will attempt to be as constructive as possible, to ensure that the challenge of terrorism that we now see, sadly, all too regularly in our communities, is addressed and that we keep our people as safe as they can be.
Some issues concern us. The burden of proof has been mentioned in terms of TPIMs. The balance of the burden of proof has been an issue for over 40 years, since my involvement in the law—and, in a way, since the legal profession and legal systems came about. We recognise that there is good reason why there has to be some distinction when it comes to terrorism and that standards that might normally apply in a wider criminal trial cannot be expected, especially with regard to TPIMs. However, there still has to be an element of proportionality, and we have to ensure that we protect the rights of those who face considerable periods of loss of liberty. That is why we have concerns and are watching the situation.
Sadly, the issue disproportionately impacts BAME communities; we are conscious of that. It is clear that we are required not only to protect our people from terrorism—and, indeed, to punish those who perpetrate it—but to prevent it from happening in the first instance. If we have a system that is perceived, whether it in fact is or not, as prejudicial and impacting harshly, even sometimes deliberately, on one community, issues arise. Those of us old enough to remember the consequences of internment in Northern Ireland will realise that a community’s feeling of being discriminated against can be a recruiting sergeant rather than the method of preventing such recruitment.
Chris Philp
I thank the hon. Member for East Lothian for his constructive comments at the beginning of his speech. As the shadow Minister said, in many respects the work on the Bill demonstrates Parliament and public life at its best, as we work together to protect our fellow citizens throughout the whole United Kingdom. Protecting our fellow citizens from violent attack is, thankfully, a principle on which we all agree, regardless of our differences on various other topics that often come before us. I am grateful for the constructive approach of the hon. Member for East Lothian, accepting, of course, that he wishes to discuss further points in due course, a few of which he mentioned.
There is clearly a question about how this legislation interacts with the order for lifelong restriction, which is applicable in Scotland. Indeed, the sentence that a Scottish court might hand down in the absence of this legislation could conceivably be longer—lifelong, as the name implies—than the period required by this legislation. The Government essentially accept the principle that there is an interaction that requires further work, and—let me be clear—further amendment.
On the detail of how the interaction will work best, discussions are ongoing between Ministry of Justice officials and officials in the Justice Directorate in Scotland about the technicalities. For example, although the clause as it is drafted would make it possible for an OLR to be imposed and, therefore, a lifelong restriction to be in place, we would lose the 14-year minimum sentence. What we would like to try to achieve technically is an amendment that preserves the concept of the 14-year minimum, but allows the lifelong restrictions to apply thereafter if a Scottish judge sees fit.
Those technical discussions are taking place. If the hon. Member for East Lothian or his colleague, the hon. and learned Member for Edinburgh South West, wish to participate in those technical discussions, they are welcome to do so.
The fact that we would lose the 14-year minimum is problematic, but I accept the principle that an amendment is needed. If we can put such an amendment together quickly enough, we will be happy to bring it forward, in consultation with the hon. Gentleman, on Report. If we cannot get it ready fast enough for that, perhaps their lordships will be kind enough to consider making an appropriate amendment down at their end of the building.
I hope that my comments illustrate that I recognise the validity and the reasonableness of the point being raised. I hope that we can find a way to amend the Bill to preserve the 14-year minimum but not take away any ability that Scottish judges currently have to impose longer restrictions, should they see fit.
Kenny MacAskill
I am happy to accept that parliamentary drafting has its complexities; it is a skill way beyond my level of competence, but I appreciate the difficulties that go with it. I am happy to accept the undertaking given by the Minister, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 6 has the same operative effect as clause 5 has in relation to England and Wales.
Question put and agreed to.
Clause 6 accordingly ordered to stand part of the Bill.
Schedule 4 agreed to.
Clause 7
Serious terrorism sentence: Northern Ireland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 7 and associated Government amendment 31 essentially do all the things we have just debated in relation to England, Wales and Scotland, but apply to Northern Ireland. The Government amendment is to ensure that we interact with Northern Irish sentencing law in a consistent way. It is rather the same issue that we debated a moment ago in relation to Scotland, where similar thinking clearly needs to be developed a little further. Government amendment 31 makes, I think, five technical changes to ensure that the measures that we have already debated apply consistently and coherently in Northern Ireland.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Clause 8
Reduction in appropriate custodial term for guilty pleas: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 8 relates to a reduction to the minimum custodial term for a serious terrorist sentence where the offender makes a guilty plea at the earliest opportunity. Ordinarily, when such a guilty plea is entered for most offences—not quite all, but most—a discount of up to 33% of the sentence is possible. However, reflecting the very serious nature of the offences we are debating, the clause limits the discount for an early guilty plea to 20% of the custodial term. By way of illustration, if a 14-year minimum were imposed—it could be more, of course—the reduction could be to 11 years and 73 days, but no less. Practically, that is implemented by inserting a new subsection into section 73 of the sentencing code.
Question put and agreed to.
Clause 8 accordingly ordered to stand part of the Bill.
Clause 9
Reduction in appropriate custodial term for guilty pleas: Scotland
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 9 has the same effect as the one we have just discussed, but in relation to Scotland.
Question put and agreed to.
Clause 9 accordingly ordered to stand part of the Bill.
Clause 10
Reduction in appropriate custodial term for assistance to prosecution: England and Wales
Question proposed, That the clause stand part of the Bill.
Chris Philp
Clause 10 provides for the court to apply a reduction to the custodial term for a serious terrorist sentence in England and Wales from the 14-year minimum in cases where the offender assists the prosecution. It does so by inserting a new subsection into section 74 of the sentencing code. The subsection notes that nothing in the STS sentencing provisions affects the court’s ability or power to take into account the extent and nature of any assistance given to the prosecution.
In keeping with the approach to all other sentences, including other minimum sentences and mandatory life sentences, there is no maximum reduction rate in relation to the flexibility that I have just described. While we are determined to ensure that serious terrorists receive the appropriate penalties for their offending, it is also important to ensure that an incentive remains for guilty offenders to assist the prosecution with other cases it may be pursuing.
This is a well-established process within the sentencing procedure across the whole United Kingdom. It can, and indeed often does, play a pivotal role in helping our prosecutors and the police to secure guilty verdicts in other, often more significant, related cases where the defendants may be a higher risk to the public than those in the case under direct consideration. We think it appropriate to continue that judicial discretion in cases where defendants assist the prosecution and where that assistance may help to convict other, even more dangerous people.
Question put and agreed to.
Clause 10 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Tom Pursglove.)
Covid-19: Support and Accommodation for Asylum Seekers
Chris Philp Excerpts(4 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Alison Thewliss (Glasgow Central) (SNP)
(Urgent Question): To ask the Home Secretary if she will make a statement on support and accommodation for asylum seekers during the covid-19 pandemic.
Thank you, Mr Speaker, for those kind words; they will mean an awful lot to my constituents.
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
My thoughts and those of the Home Secretary and, I am sure, the entire House are with the victims of the appalling knife attack that happened in Glasgow on Friday afternoon. I would like to pay tribute to the brave first responders who, as always, ran towards danger to protect the public. They include Police Scotland hero David Whyte, who was very sadly seriously wounded. The suspect has been named as Badreddin Abadlla Adam, a 28-year-old asylum seeker originally from Sudan. The House will appreciate that I am able to provide only limited information on this case while the investigation is under way, but I can talk about the United Kingdom’s proud history of supporting asylum seekers.
Last year, the United Kingdom made 20,000 grants of protection or asylum, one of the highest numbers of any country in Europe. We welcomed more than 3,000 unaccompanied asylum-seeking children, the highest number of any country in Europe. Indeed, it made up 20% of Europe’s UASC intake.
The UK has a statutory obligation to provide destitute asylum seekers with support while their case is being considered. While asylum cases are being considered, asylum seekers who would otherwise be destitute are provided with free accommodation. The utilities are paid for, council tax is paid for and free healthcare on the NHS is available. Free education is available for those with children, and there is a cash allowance to cover other essential living needs, which recently increased by 5%, considerably more than inflation. The package needs to be viewed as a whole.
During the coronavirus pandemic, we have stepped up the help available to go beyond the statutory requirements that I have just laid out. We have paused the usual practice of asking people to move on from supported accommodation when their asylum claim is decided either positively or negatively, so that they can remain in supported asylum accommodation. As a consequence of that decision, which was implemented on 27 March, around 4,000 more people are in supported accommodation than was the case at the end of March, because people are still coming into the system, but nobody is moving on. We have therefore been frantically procuring additional accommodation around the country to meet that additional need. The circumstances in Glasgow are slightly different, but I suspect we will come on to the specifics of Glasgow, so I will answer those questions in due course. That is the principal measure we have taken to ensure that people seeking asylum have been looked after and protected during the coronavirus epidemic.
Where we have procured additional hotels, we provide full-board accommodation, including laundry services, personal hygiene products and feminine hygiene products. Wrap-around services are also provided, including welfare support, healthcare and access to mental health services. Asylum seekers also have 24-hour-a-day access to assistance via Migrant Help through a freephone number.
We are working at pace to increase the available accommodation so that we can move asylum seekers from hotels into more permanent accommodation as quickly as possible, which I think we would all agree is more suitable. Efforts are currently under way to do exactly that. Over time and in due course, we will be returning to a business-as-usual approach in a phased, proportionate and careful way.
We are committed to ensuring that vulnerable asylum seekers are provided with all the support they require. As our nation has been battling coronavirus, we have continued and will continue to look after asylum seekers. We will continue to drive forward the reforms required to support those asylum seekers who are in genuine need. I commend this statement to the House.
Alison Thewliss
There have been two deaths in hotel accommodation in Glasgow Central since the start of lockdown: Adnan Elbi in McLays Guest House at the start of May, and Badreddin Abadlla Adam, who was shot dead on Friday after carrying out a shocking knife attack, which left three asylum seekers, two Park Inn hotel staff and Police Constable David Whyte in hospital. My thoughts are with them and their loved ones, and my thanks go to the emergency services who so bravely and swiftly dealt with a terrifying situation.
The Minister came to the House less than two weeks ago to hear the concerns raised by my hon. Friend the Member for Glasgow South West (Chris Stephens). Our concerns persist. At the start of lockdown, the Home Office contractor Mears moved 321 people from initial accommodation in serviced flats across Glasgow into city centre hotels. It did not consult, as it is obliged to do, with Glasgow City Council or anyone else. Contrary to the oral and written evidence to the Home Affairs Committee by Mears boss John Taylor, those people included pregnant women, trafficked women, torture victims, family groups and vulnerable people, young people included, two of whom ended up in hospital on Friday. They were given little notice: according to the Scottish Refugee Council, one family with food on the hob and clothes in the washing machine were given half an hour to gather their belongings.
One of my constituents was a friend of Adnan, who died in McLay’s Guest House. He has faced extreme trauma because of that and has asked to be moved, but is still in that guest house two months later.
I have some questions for the Minister. First, which Whitehall source led the BBC to report that three people had been found dead, which was not true and caused a great deal of distress in my constituency? Mears has misled Committee members—elected Members—and has now admitted that no vulnerability assessments were carried out. When did the Minister find out that Mears had lied to everybody about this, and will he suspend its contract? Will he immediately reinstate the meagre £5.37 a day to allow asylum seekers a small but important degree of dignity? Will he halt any evictions while this outbreak is going on? Will he work with Glasgow City Council, organisations in Glasgow, the Scottish Government and asylum seekers themselves to return them to appropriate accommodation as soon as possible? Will he authorise an independent inquiry into asylum accommodation, which is very urgently needed? Lastly, will he take responsibility and apologise for a saga that has heaped trauma on to already vulnerable people in Glasgow and across the UK?
Chris Philp
I thank the hon. Lady for those questions. She started by asking about the move of 321 people in Glasgow from serviced apartments into hotel accommodation, which occurred around the end of March. That was a separate process from the one I described earlier, involving the extra 4,000 places. The contractor, Mears, moved those 321 people from the serviced apartments into hotels because it was judged that, as the coronavirus epidemic took hold, the serviced apartments were not appropriate and not safe. It was done for safety reasons, and that has been entirely borne out by the subsequent statistics. Glasgow accommodates slightly over 5,000 asylum seekers, as the hon. Lady will know—many of them are in her constituency—and during the coronavirus epidemic over the last three months or so, of those over 5,000 service users, only two have tested positive for coronavirus, and both, I am pleased to say, have fully recovered. Among those people accommodated in hotels there has not been a single confirmed case of coronavirus. So the steps being taken to safeguard the public, and to safeguard the asylum seekers in particular, have been successful.
The hon. Lady asked about the plans for the future, and I can confirm that it is our plan to move people out of those hotels into more regular mainstream accommodation as quickly as possible. That was always the intention; it was only ever a temporary measure, and that applies to hotel accommodation, of course, in the rest of the United Kingdom as well as in Scotland. But I would say that these hotels are of good quality. The one involved on Friday was a three-star Radisson hotel; it was a good hotel with substantial facilities, including en suite showers for every single room.
The hon. Lady asked about evictions and whether people are being asked to move on, as would ordinarily be the case. That is currently not happening, as she knows, following the announcement on 27 March, but in due course, as life returns a little bit more to normal and now that the ban on moving home has ended, we will be returning to normal over time, but it will be done in a very careful and phased way. Nothing will be done in a rush, and I would point out that those who have successful asylum grants will actually be better off with universal credit when they move on, so it is in their interests as well.
There are a number of questions that the hon. Lady and her colleagues from Glasgow asked me in a letter dated a week ago today, 22 June. I do now have detailed answers to all those questions. I will be sending them in writing, to the hon. Member for Glasgow South West (Chris Stephens) in the first instance, in the next 24 to 48 hours, and then meeting with all Glasgow MPs who wish to meet her to go through those in detail either later this week or at the latest early next week.
Aaron Bell (Newcastle-under-Lyme) (Con)
May I start, Mr Speaker, by associating myself with the sympathies you offered to the people of Glasgow on this horrible attack?
I agree with my hon. Friend the Minister that we have a proud history of helping those most in need. Does he agree that those who abuse asylum make it harder for those who are genuinely vulnerable, and so can he confirm that the Home Office is committed to reforming the system, so that it can make swifter judgments and truly work for those most in need?
Chris Philp
I thank my hon. Friend for his question, and he is right. Some asylum claims are meritorious—obviously, many are—and we should work quickly and humanely to grant those applications and offer help on integrating into UK society. But where there are meritless asylum claims, we need to make sure those are equally identified and rejected quickly, because it is unfair on the British public as a whole and on genuine asylum claimants if unmeritorious claims take up too much time in our system.
Holly Lynch (Halifax) (Lab)
Let me start by thanking the hon. Member for Glasgow Central (Alison Thewliss) for securing this important urgent question and the Minister for his initial response. Once again, I wish to pay tribute to the extraordinary bravery and dedication of our emergency service workers. I know that the whole House is united in sending our gratitude to PC David Whyte and our best wishes for his recovery, just as we send our best wishes for the recovery of all those injured in this tragic attack. PC Whyte was part of a policing team who responded quickly and skilfully to keep people from danger, and he and his colleagues will have our heartfelt admiration and respect. Working alongside our magnificent NHS, they were able to save lives on Friday, but this worrying incident clearly poses a number of serious questions.
We are sympathetic to the speed with which additional accommodation has had to be sought for asylum seekers, at different stages of the asylum process, in the interests of public health going into lockdown. However, this tragic attack is an important reminder of why it is vital to deliver the correct, balanced approach to housing and related support services for asylum seekers, as well as supporting the wider community. As a result, there are a number of questions I would like to ask the Minister.
At the weekend, the Home Secretary suggested that this type of accommodation had been allocated because of the covid-19 crisis. However, we know that there is an ongoing problem, which predates the crisis, of people having been housed in what is deemed to be “initial accommodation” for prolonged periods before being moved into more appropriate dispersal accommodation. Can the Minister clarify how many asylum seekers are in initial accommodation compared with the number in dispersal accommodation across the country? Will he update the House about the duration of stays for asylum seekers at the Park Inn hotel in Glasgow? Will he share with the House what vulnerability and risk assessments the Home Office and service providers are currently conducting when placing people in asylum support accommodation, in order to ensure that people have the support they need, including access to mental health support? Finally, what work is being undertaken to identify the risk factors that could have been spotted in this attacker, and how will that change future practice?
Chris Philp
I thank the shadow Minister for her question. I should take this opportunity to welcome her to her place, and I look forward to many exchanges across the Dispatch Box in the months and, perhaps if we are lucky, years ahead. She asked about the numbers of people being supported in asylum accommodation. We currently have 44,000 people being supported under section 95 of the Immigration and Asylum Act 1999 and some 4,000 people being supported under section 4; pre-coronavirus, we had about 48,000 people supported. The number has increased dramatically in the past four or five years—it has almost doubled in that period—so we are growing our asylum accommodation estate in order to cater for that growth. Of course, we are trying to get people into dispersed accommodation—the more stable accommodation—as much as we can. As my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) alluded to in the previous question, the more we can make sure we can look after meritorious claims quickly but dismiss unmeritorious claims, the less pressure there will be on asylum accommodation in the first place.
Every asylum seeker is subjected to a risk assessment, on health and on other grounds, at the point of receipt into the system. I do not want to comment too much on this individual’s case, but when he first made one of his asylum claims—he made two—he flagged a health vulnerability, but it was a minor physical vulnerability, not anything that could have had anything to do with what happened on Friday. I assure the hon. Lady that those assessments do take place and there are round-the-clock facilities for asylum seekers to report any health or any issues that they may have.
Bob Blackman (Harrow East) (Con) [V]
I thank the Minister for his answers thus far. Clearly, he is right to extol the virtues, which we in this country hold dear, of extending our hands and arms to those who are fleeing and who are extremely vulnerable. Many of them will have come from war-torn areas of the globe. Some of them will be dangerous to other asylum seekers and the British public, so what measures will he look at to assess those individuals’ risk of violence towards the British public and other asylum seekers?
Chris Philp
My hon. Friend, as always, makes a very good point. As I said in response to the shadow Minister a moment ago, risk assessments take place at the point of arrival and on an ongoing basis. I assure him that with asylum seekers, whenever UKVI identifies risk to others, appropriate action will always be taken. Everybody’s vigilance will be elevated to even higher levels after the incident on Friday.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
This was a devastating incident, and we, too, wish all six who are in hospital a full recovery. We pay tribute to Constable Whyte and his colleagues in the emergency services for their bravery. Our thoughts are also with the wider asylum community in Glasgow.
My hon. Friend the Member for Glasgow Central (Alison Thewliss) is absolutely right; there must be an independent inquiry, because huge questions persist as to why there was a mass move to hotels, how it was implemented and the extent to which vulnerabilities were or were not assessed. A huge gap has grown between the system that the Minister describes and reality as it has been described to us by people working on the ground.
For now, our focus must be on supporting people, so will the Home Office contribute funding for vital counselling and other support? Will the Minister reinstate even the pitiful cash support for individuals who are still in hotels? Will he ensure that the exit strategy is shared and consulted on with Glasgow City Council and other key partners? Will he maintain the pause in evictions? Will he speak to the leader of Glasgow City Council—a vital partner—as well as the Scottish Government? Finally, will he acknowledge that people are angry about what has happened, and that there are concerns that the Home Office’s approach to the asylum system has become so hands-off that it risks becoming a Cinderella service?
Chris Philp
The hon. Gentleman asked whether we would have discussions with Glasgow City Council about the ongoing asylum accommodation estate in that fine city, and of course we will. I believe that discussions took place this afternoon—in the last two or three hours—between Home Office officials and Glasgow City Council on the very topic of moving people out of hotels and into more stable accommodation.
The hon. Gentleman mentioned healthcare. Healthcare for asylum seekers, wherever they may be in the country, is taken care of by the local NHS or, in the case of Glasgow, by the Bridge Project, which is co-ordinated by Glasgow City Council. I have every confidence in the service that Glasgow City Council and the NHS in Scotland provide.
The hon. Gentleman asked about meeting Glasgow City Council, and I would be very happy to meet the leader of Glasgow City Council at any time. As I mentioned, I will be meeting Glasgow MPs, if not later this week, certainly next week. On the question of restarting move-ons, I have been very clear that as the country returns to normal, so we would expect the asylum system to return to normal. In a measured, phased and careful way, we will return to the system as it was before, which worked extremely well, but we will be extremely thoughtful in the way we do that.
Simon Fell (Barrow and Furness) (Con)
What marks a society out is how we treat our most vulnerable. I believe that the UK has a strong track record and should be proud of being one of the few countries during the covid lockdown still to take in unaccompanied minors. However, I am concerned about what happens next year if we do not have replacement schemes in place. Can my hon. Friend give me assurances that those schemes will continue next year, especially for unaccompanied minors and for family reunion?
Chris Philp
My hon. Friend is right to draw attention to our extremely proud record. I have already referred to the fact that we took in more unaccompanied asylum-seeking children last year than any other European country. We also took in some Dublin children during the coronavirus epidemic. About six or eight weeks ago, we took in a number of them from Greece who had been accommodated in the camps. We were pretty much the only European country allowing Dublin returns of that kind during coronavirus, which says a great deal about this country’s proud track record.
In terms of the future, clearly we are in the process of negotiation at the moment. An amendment to the Immigration and Social Security Co-ordination (EU Withdrawal) Bill on Report tomorrow has been tabled but, as required by statute, the Government are negotiating with the European Union in good faith to secure a replacement agreement for Dublin, to allow the reciprocal reunification of unaccompanied children—in both directions. A few weeks ago, we tabled a detailed legal case to facilitate that, and more negotiations are happening this week, I believe. I am sure that all of us in this House hope that those negotiations on a reciprocal basis are successful.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
We will debate those issues tomorrow. It is important that there are guarantees that young people can join family who are here and who can care for them, whatever reciprocal arrangements are in place.
May I ask the Minister specifically about support for asylum accommodation? I join with you, Mr Speaker, and Members across the House in sending our best wishes to those affected by the awful incident in Glasgow. The Home Affairs Committee has been told repeatedly of serious concerns about asylum seekers being left in hotel accommodation for long periods and about the rushed move of so many people into hotel accommodation in Glasgow during the crisis. Given that the Minister must have been asked about and consulted on those moves of people into hotel accommodation, why did he not consider providing additional financial support—otherwise it is withdrawn from people in hotel accommodation —that they could have used for things such as hand sanitation, additional food needs or basic provisions that they could not get?
Chris Philp
The reason for the rapid move, which we discussed earlier, around about the end of March, was the unsuitable conditions in the serviced apartments. That is why those 321 people were moved. As I said, it has been successful in that not a single one of the people moved into hotels in Glasgow has tested positive for coronavirus.
The right hon. Lady asked about the financial element. When someone is in dispersed accommodation or a serviced department, they get the allowance, which is principally to cover food and some other essentials. When they move into a hotel, all those things like food, the hand sanitiser she referred to, hygiene products, laundry services and so on are provided by the hotel, removing the need for the cash grant.
Anthony Mangnall (Totnes) (Con)
I, too, associate myself with your remarks at the start of the debate, Mr Speaker, to the people of Glasgow and the victims of last week’s atrocious act. This Government have been committed to supporting asylum seekers and children. What steps will the Minister’s Department take to assure councils of future support mechanisms for children?
Chris Philp
Looking after unaccompanied asylum-seeking children is extremely important. As a Member of Parliament representing Croydon, which has either the highest or second highest number of UASCs, I have seen at first hand how much care and support they often need. My hon. Friend asked about support for councils doing that. He may be aware that a few weeks ago, earlier in June, we announced a substantial increase in the funding for councils looking after unaccompanied asylum-seeking children and care leavers. Councils with the largest number of unaccompanied asylum-seeking children will get a 25% increase in their funding this year. All councils with care leavers will get increases of between 20% and 60% in their funding, which is a powerful demonstration of this Government’s commitment to ensuring that children are properly looked after.
Christine Jardine (Edinburgh West) (LD)
I, too, associate myself with your remarks earlier, Mr Speaker, about our sympathy being with the people of Glasgow and in particular our admiration for Constable Whyte. I also associate myself with the remarks made by the hon. Member for Glasgow Central (Alison Thewliss), particularly when she talked about the concerns that had already been expressed—the mental health concerns—by the Scottish Refugee Council and others about the conditions in which asylum seekers are being asked to live. Will the Minister consider a full public inquiry into what happened in Glasgow, so that, as we move away from what are, as he acknowledges, abnormal conditions at the moment—including the dreadful conditions we have seen in Glasgow —we can start to treat and look after asylum seekers in a much more acceptable manner that allows them their dignity and to be regarded as people who can contribute to society?
Chris Philp
There is currently a police investigation under way, so the right thing is to wait for the outcome of that investigation by Police Scotland before making any further comment. On the conditions that asylum seekers live in, as I have said, this country has an extremely proud history of looking after asylum seekers. We look after them much better than many, if not most, other European countries, with free accommodation, council tax paid for, utilities paid for, NHS treatment provided free, education provided for those with children, and a cash allowance in addition. I am proud of our record and am very happy to defend it.
Stuart Anderson (Wolverhampton South West) (Con)
I also echo your comments, Mr Speaker, and my thoughts are with everyone in Glasgow impacted by the incident.
Wolverhampton City of Sanctuary have been doing great with asylum seekers throughout the covid-19 pandemic and have been brilliant at making sure everyone is connected with each other during this difficult time. At the end of the pandemic, will my hon. Friend come and meet them to see the great work they are doing in Wolverhampton?
Chris Philp
I congratulate my hon. Friend and the fine city of Wolverhampton on their work. It sounds like they are setting an example to the rest of the country in how to manage this matter with compassion and sensitivity. I would of course be delighted to learn more about the work that he and his colleagues on Wolverhampton City Council are doing.
Jim Shannon (Strangford) (DUP)
On behalf of the DUP, I associate my hon. Friends and myself with the comments about the events in Glasgow. All of the United Kingdom of Great Britain and Northern Ireland are united in support of those who need help.
I have highlighted in the past to the Minister the discrepancy whereby those who are reliant on the welfare system have seen just a temporary rise of 26p. They do not understand, and to be truthful neither do I. I know he wants to help, which is very important, but what additional help and support is available at this time of fear, especially for those who do not understand the system, so that they can source all the financial assistance they need to survive?
Chris Philp
I say again that the cash amount, which went up by 5%, is only one small part of the support package, which includes free accommodation, council tax paid for, utilities paid for, free healthcare and free education. One has to look at the package in the round. He asked rightly about the advice and assistance available to migrants. There are helplines available through Migrant Help and other organisations via free phones available in these hotels and other places of accommodation, so that where they need assistance and advice they can access it. Of course, asylum seekers are also eligible for the more general support available to the whole of society via local authorities, which have received £3.2 billion to assist those in need at this time of national difficulty.
Dr Kieran Mullan (Crewe and Nantwich) (Con)
Through our aid spending, the British people play a leading role in supporting millions of refugees all over the world, including through the £2.8 billion we have committed in response to the Syria crisis. Does my hon. Friend agree that aid spending in conflict zones goes an enormous way to stopping people needing to seek asylum and reducing the trade of people traffickers?
Chris Philp
My hon. Friend is right. Every pound that we spend helping vulnerable people in a conflict zone can help far more people, and often those people are more vulnerable than those who come to the UK. Our money is most effectively spent in those conflict zones, which is why we are the only G7 economy to spend 0.7% of GNI on overseas aid, why we are the second biggest donor in the Syria region, and why we help so many people. I think our aid budget is the biggest or the second biggest of any European country. That is a measure of this country’s passion. It is through that programme that we can help the largest number of people in need.
Joy Morrissey (Beaconsfield) (Con)
Can my hon. Friend confirm that maintaining law and order and keeping the British public safe remain this Government’s top priority? Can he confirm that our asylum policy will always be in keeping with that ethos?
Chris Philp
Yes, I can categorically confirm that. The safety of our citizens is this Government’s highest priority. Where people, including asylum seekers, commit very serious offences, we will take appropriate action through the criminal justice system. But if someone who has been granted asylum commits a very serious offence, we are able, consistent with the refugee convention, to seek to remove that person. If somebody comes here and accepts our welcome and our hospitality but then commits a very serious criminal offence, endangering the public, it is right that that person should be eligible for removal, as allowed by the law.
Chris Stephens (Glasgow South West) (SNP)
Thank you, Mr Speaker, for your kind words to the people of Glasgow. It was a tragic and horrific scene, and it was a traumatic experience for those injured and those caught up in it who were living in the hotel, many of whom have had traumatic experiences in their lives, coming from war-torn countries or as trafficked women. I thank the Minister for committing to a meeting—the quicker the better, as far as I am concerned. I ask this question in general terms, not about the incident on Friday. Can he confirm what Mears confirmed in a press conference on Thursday morning: that those who were placed in hotel accommodation did not have a vulnerability risk assessment? Does he think it is right that trafficked women have been in hotels for 12 months?
Chris Philp
The 321 people moved into hotel accommodation in Glasgow have been there for around three months. As I said, work is under way, including this afternoon, between Home Office officials and Glasgow City Council to get them moved back into more regular accommodation as soon as is logistically possible. In terms of risk assessments, I mentioned before that all asylum seekers are interviewed at great length, including about various vulnerabilities, at the point when their asylum claim is made. In terms of ongoing vulnerability assessments, perhaps when people are being moved from A to B, I will have to look into that and get back to the hon. Gentleman.
Patrick Grady (Glasgow North) (SNP)
People make Glasgow, and our city remains united in wanting to give the warmest of welcomes to those who choose to make their home among us, but what asylum seekers have experienced during this pandemic is the hostile environment at its absolute worst. The Minister speaks of welcome and hospitality, but the 5% increase he talks of is 26p a day, and that has been withdrawn from the people who have been moved into hotel accommodation. Surely the way to respect their dignity and extend a welcome to asylum seekers is to extend the right to work to them, so that they can contribute to our society in the way that they want to.
Chris Philp
I do not for one moment accept the hon. Gentleman’s suggestion that there has been anything hostile in the environment extended to asylum seekers. As I have said several times, but I will say it again, in case he did not hear it, those who come here are given free accommodation, with council tax paid for and utilities paid for, free healthcare, free education and a cash allowance. During the coronavirus crisis, the ordinary operation of the asylum system, where people get asked to move on when their case is decided, has been suspended for the time being. That, in my view, is a compassionate and generous response, and I do not see any reasonable basis for criticising it.
Rob Roberts (Delyn) (Con) [V]
Every loss of life is a tragedy, and any crime perpetrated by people coming to these shores is a disaster, but does my hon Friend agree that we must not allow a few bad experiences to turn us into a mean-spirited country and that we should be doing more to support those who come to these shores? To echo the comments of my hon. Friend the Member for Wolverhampton South West (Stuart Anderson), the work of my local Flintshire City of Sanctuary in creating a culture of welcome and inclusion is exactly the approach we should be taking. Will my hon. Friend look further at what can be done in that area?
Chris Philp
The sound was a little intermittent, but I think I got the gist of my hon. Friend’s question. I can confirm that we will always seek to extend a welcome to those who are genuinely in need of protection. That is why last year we gave around 20,000 grants of asylum or protection, and of course we want to welcome those people and help them integrate into our society and make a meaningful contribution, as all of us want to. Where there are risks to public safety, we will naturally seek to take robust action to defend the safety of the British public.
Anne McLaughlin (Glasgow North East) (SNP) [V]
My constituent fled Syria. He is fragile but he felt safe until the Mears Group told him that he had 30 minutes to be moved to an unknown location because of lockdown. Far from offering the health support that the Minister has described in this utopia he keeps on about, that approach took my constituent right back to the traumatic state he was in when he first fled. We in Glasgow are sick of people being treated like this. What is the Minister going to do, not say, about it, because it is happening under his watch?
Chris Philp
The hon. Lady asked about moves at the beginning of the coronavirus epidemic and, as I have explained, that was done for reasons of public health and public safety. I will not apologise for taking steps at the beginning of this very serious health epidemic to protect the health of all the public and of asylum seekers in particular. As I have said, there have been no confirmed coronavirus cases among people living in Glasgow hotels, so that approach has worked.
Jo Gideon (Stoke-on-Trent Central) (Con)
I am delighted to say that my constituency of Stoke-on-Trent Central has welcomed many asylum seekers in the past, but does the Minister recognise that areas such as Stoke-on-Trent face huge and increasingly strained demands on our local support networks and that the capacity is not unlimited?
Chris Philp
Yes, I do accept what my hon. Friend says. I know that Stoke-on-Trent does a great deal already, for which all of us, I am sure, are very grateful. There are, of course, natural constraints to how much any given city can do, and one of the reasons that I will speed up the whole asylum process is to alleviate exactly those pressures.
Andrew Gwynne (Denton and Reddish) (Lab) [V]
Refugees and asylum seekers in the UK are here because their lives are at risk elsewhere and they need a temporary safe haven. Most live here peacefully and without issue for a period of time, but can the Minister clarify how information on those asylum seekers who may pose a threat to themselves and others is shared between the Home Office, councils, and health, police and security services?
Chris Philp
As the hon. Gentleman will understand, whenever a risk is identified, it is rapidly shared between all relevant organisations, including those that he listed. He mentioned providing sanctuary. Of course, many asylum seekers who reach here have travelled through safe countries first, particularly France, and it is appropriate for people seeking asylum to do so in the first safe country they get to.
Scott Benton (Blackpool South) (Con)
I associate myself with your comments earlier, Mr Speaker, and pass on my best wishes to those who have been sadly affected.
Does my hon. Friend agree that this appalling attack underlines the importance of reforming our asylum policy so that we can stop it being abused with false claims and ensure that those who pose a significant threat to our way of life have their claims rejected and are swiftly deported?
Chris Philp
My hon. Friend is right. The system is too slow. It is too slow to grant meritorious claims, but it is also, I am afraid to say, open to abuse with repeated unmeritorious appeals, which often drag the process out over many years. Reform is needed along the lines that he describes and it is something on which we are working.
Stewart Malcolm McDonald (Glasgow South) (SNP) [V]
Those of us who represent Glasgow are utterly horrified at the Minister’s tone deaf remarks about how lovely these hotel rooms are. I ask him whether he could stay in one hotel room for several weeks during lockdown. I am afraid to say that the Government have been posted missing on the issue of asylum accommodation in Glasgow, which many of us in the city have been jumping up and down about for several months. What is needed from the Government is an intensive engagement strategy with public bodies such as the council, the health service and the third sector. Given that no Minister has even met the leader of our city council since the Government came into office, will he implement an intensive engagement strategy now?
Chris Philp
I look forward to meeting Glasgow MPs next week and the leader of Glasgow City Council shortly.
James Sunderland (Bracknell) (Con)
I am generally reassured that asylum seekers receive the necessary support, but it is clear that the process of coming illegally to the UK is fraught with danger. Are we doing enough to disincentivise migrants from making the perilous journey and to bring people traffickers to justice?
Chris Philp
My hon. Friend is right. As I said a few moments ago, people should claim asylum in the first safe country that they reach, which very often is not the United Kingdom. Many of the arrivals here have travelled through Italy, Germany, France or many other manifestly safe European countries. They should claim asylum in one of those countries first. They should claim asylum in the first safe country they arrive in. Many of the people who cross the channel on small boats, for example, are facilitated by ruthless and dangerous criminals. We are cracking down on those, prosecuting them and arresting them. We are determined to stop dangerous illegal entry to the country.
Carol Monaghan (Glasgow North West) (SNP) [V]
Glasgow is a city that prides itself on welcoming asylum seekers and refugees. Since the shocking events on Friday, Glaswegians have, in typical fashion, voiced their support for the vulnerable people, including families, who were dumped in hotels at the start of lockdown. The Minister has talked about the generosity of the support package, but he must acknowledge that human beings need other things: they need human interactions and the love of their community. They need to feel whole. In May, a Syrian refugee was found dead in a hotel room after reporting that he was struggling with his mental health. The Home Office must have warning systems in place. What are they, and why are they not working like they should?
Chris Philp
The case that the hon. Lady refers to is the subject of an ongoing investigation, so we will see what the result of that investigation is in due course. I mentioned earlier that there are 24-hour mechanisms for anyone in asylum accommodation who feels like they are experiencing difficulties to report them, and there are health interventions that can then be followed up.
On the hon. Lady’s more general point about support, many people—asylum seekers and members of the general public—have experienced feelings of distress and isolation during the coronavirus lockdown. That is one of the burdens that we have had to collectively bear as a society in the past few months, but we are thankfully now moving beyond that.
Bob Stewart (Beckenham) (Con)
To follow up the question posed by my good friend the Member for Blackpool tower and the winter gardens—my hon. Friend the Member for Blackpool South (Scott Benton)—how long after someone’s application to remain has been rejected is it on average before that person leaves our shores?
Chris Philp
That varies a great deal, depending on the circumstances of the individual and the circumstances in their home country. I think it is fair to say, however, that the majority as matters stand do not end up leaving. If somebody’s asylum claim is rejected, and once the relevant appeal processes have been exhausted, it is only fair to the British public generally, and indeed to people who claim asylum successfully, that we ultimately ensure removal; otherwise, it makes a mockery of our immigration system.
Margaret Ferrier (Rutherglen and Hamilton West) (SNP) [V]
My thoughts are with those injured in the horrendous attack in Glasgow. I commend the bravery of PC Whyte and the officers who moved towards danger in order to protect the public.
Research shows that asylum seekers are five times more likely to experience mental health problems than the rest of the population. I feel that the Home Office’s use of hotels and temporary accommodation is making those problems much worse. Will the Minister commit to an urgent funding package of mental health support for asylum seekers in Glasgow and further afield to ensure that they can recover from this traumatic incident? Does he recognise that they should be treated with dignity and respect?
Chris Philp
of course I agree that everybody should be treated with dignity and respect, including asylum seekers. On the health support package, I said earlier that it is provided by the local NHS and, in this case, also by Glasgow City Council and I know that it is doing its job effectively.
Harriett Baldwin (West Worcestershire) (Con)
I associate myself with your kind works of support for everyone affected by this incident, Mr Speaker. I want to ask specifically about the number of asylum seekers in supported accommodation who are from Sudan. Will the Minister convey to his colleagues in Government the welcome for the announced pledge to support the Government of Sudan in their transition to democracy, which came through last week?
Chris Philp
I know that my hon. Friend has done a great deal of work in this area. The best way to make sure that people are safe and secure is to ensure that the situation in their home countries is stable and safe—that there are democratic Governments and the economies prosper. That is ultimately the way to make sure that people are safe and secure, and this Government are committed to doing that.
Dame Diana Johnson (Kingston upon Hull North) (Lab) [V]
Hull is a city of sanctuary. For a number of years, I have convened a roundtable of voluntary and statutory agencies to look at issues around asylum and refugees in the city, including, before covid-19, the use of hotels. One of the issues raised about housing asylum seekers in hotels with no financial support is that if they need an aspirin or a plaster, they end up going to A&E at the local hospital because they do not have the money to buy these everyday essentials. Surely that cannot be right and it is not in the interests of anybody to have those asylum seekers in our A&Es. Will the Minister look into this?
Chris Philp
Hotel accommodation is obviously not the preferred way to accommodate asylum seekers. I am speaking from memory, but I think that, prior to coronavirus, fewer than 1,000 people were accommodated in hotels, so less than 2% of the total. As I said, we are looking to unwind the hotel accommodation as quickly as logistics allow. In relation to the provision of basic things like plasters, there are typically welfare officers on hand in these hotels. I will investigate whether they have those sort of supplies available, because the hon. Lady is certainly right that those things should be available in the hotels.
Mr Speaker
In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am now suspending the House for three minutes.
Counter-Terrorism and Sentencing Bill (First sitting)
Chris Philp ExcerptsThursday 25th June 2020
(4 years, 5 months ago)
Public Bill CommitteesRead Full debate Counter-Terrorism and Sentencing Bill 2019-21 View all Counter-Terrorism and Sentencing Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 25 June 2020 - (25 Jun 2020)
The Chair
Before we begin, I have a couple of housekeeping points to make. Please make sure that electronic devices are on silent. I am afraid that tea and coffee are not allowed; water is, along as it has not been near a tea bag or any coffee granules. Social distancing must be observed. Our Hansard reporters would be grateful if Members could email any electronic copies of their speaking notes to hansardnotes@parliament.uk. Please do remove jackets at any point under my chairmanship as we proceed through the Bill.
We will first consider the programme motion on the amendment paper. We will then consider a motion to allow us to deliberate in private briefly, before moving to the oral evidence session. I hope we can get through these first bits without too much debate. I call the Minister to move the programme motion that was agreed by the Programming Sub-Committee yesterday.
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
I beg to move, Day Time Witness Thursday 25 June Until no later than 12.30 pm Jonathan Hall QC, Independent Reviewer of Terrorism Legislation Thursday 25 June Until no later than 13.00 pm The National Police Chiefs’ Council Thursday 25 June Until no later than 14.30 pm Prison Reform Trust Thursday 25 June Until no later than 15.00 pm The Northern Ireland Human Rights Commission Thursday 25 June Until no later than 15.30 pm Law Society of Scotland Thursday 25 June Until no later than 16.00 pm Professor Donald Grubin, Newcastle University Tuesday 30 June Until no later than 9.55 am The Professional Trades Union for Prison, Correctional and Secure Psychiatric Workers Tuesday 30 June Until no later than 10.25 am The Tony Blair Institute for Global Change Tuesday 30 June Until no later than 10.55 am Professor Andrew Silke, Cranfield University
That—
(1) the Committee shall (in addition to its first meeting at 11.30 am on Thursday 25 June) meet;
(a) at 2.00 pm on Thursday 25 June;
(b) at 9.25 am and 2.00 pm on Tuesday 30 June;
(c) at 11.30 am and 2.00 pm on Thursday 2 July;
(d) at 9.25 am and 2.00 pm on Tuesday 7 July;
(e) at 11.30 am and 2.00 pm on Thursday 9 July;
(2) the Committee shall hear oral evidence in accordance with the following table:
TABLE
(3) proceedings on consideration of the Bill in Committee shall be taken in the following order: Clause 1; Schedule 1; Clause 2; Schedule 2; Clause 3; Schedule 3; Clauses 4 to 6; Schedule 4; Clauses 7 to 19; Schedule 5; Clauses 20 and 21; Schedule 6; Clauses 22 and 23; Schedule 7; Clauses 24 and 25; Schedule 8; Clauses 26 and 27; Schedule 9; Clause 28; Schedule 10; Clauses 29 to 36; Schedule 11; Clauses 37 to 45; Schedule 12; Clauses 46 to 48; Schedule 13; Clauses 49 to 53; new Clauses; new Schedules; remaining proceedings on the Bill;
(4) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 5.00 pm on Tuesday 14 July.
It is a pleasure to serve under your chairmanship, Mr Robertson. I have one point of clarification to make. Yesterday, in the Programming Sub-Committee, we discussed whether we should invite the Prison Officers Association or the Prison Governors Association. On further investigation, it transpires that the Professional Trades Union for Prison, Correctional and Secure Psychiatric Workers is in fact the Prison Officers Association—that is its full name. We will therefore see the Prison Officers Association on Tuesday at 9.25 am. We had contacted the Prison Governors Association, but I am told that, rather surprisingly, it did not reply. That should satisfy the request that the shadow Minister made yesterday.
Question put and agreed to.
Resolved,
That, at this and any subsequent meeting at which oral evidence is to be heard, the Committee shall sit in private until the witnesses are admitted.—(Chris Philp.)
Resolved,
That, subject to the discretion of the Chair, any written evidence received by the Committee shall be reported to the House for publication.—(Chris Philp.)
The Chair
Copies of written evidence that the Committee receives will be made available in the Committee Room.
Chris Philp
Q
I am sure we have all read the notes that you very helpfully prepared on this legislation and published on your website at the end of May and the beginning of June. I have them in front of me and have read them with great interest. To start, I want to ask about TPIMs—terrorism prevention and investigation measures—which were the subject of some debate on Second Reading. I want first to ask about the current circumstances in which a TPIM expires and has to be reapplied for from scratch without it being possible to use the previous evidence from two or more years before. Do you think there are circumstances in which public safety may still demand a TPIM beyond the two-year period? Are these proposals a better way of handling it than the current method?
Jonathan Hall: The answer is yes, there are be circumstances in which someone ought to be subject to controls for longer than two years. Yes, there will be circumstances in which it will be appropriate to rely on terrorism-related activity that predates the imposition of the first TPIM. I understand the business case, if you like, for allowing an extension beyond the two-year period. However, the reason I question in the first instance whether it is justified is that it is none the less possible, as the law currently stands, to extend beyond two years. There are two current examples—I will not go into the details—of where a second and fresh TPIM has been imposed.
The practical consequence of the current regime is that some will come off controls, and if they have literally lain doggo and have done nothing for that two-year period, the police and MI5 will have to start assembling a new case, assuming that the person re-engages with terrorism-related activity. There could be a gap period during which that terrorism-related activity is going on, during which the case is being built when they are re-imposed.
If TPIMs were currently imposed against attack planners, I would have fewer observations to make about the ability to extend further. However, in practice, as I said in my note, having spoken to officials, TPIMs are really currently used against radicalisers. It is certainly the case that public safety is not helped by radicalisation activities, but as things currently stand, people subject to TPIMs are not the attack planners, who, if they are free from restrictions, might go and do something very violent. More likely, they will re-engage in radicalising activities. As shown by the fact that two new TPIMs have been imposed, it is currently possible to manage that risk.
I understand the business case, more than I do for the lowering of the standard of proof, which we can come to separately. At the moment, I do not understand why it is needed as TPIMs are currently used.
Chris Philp
Q
Jonathan Hall: Yes, I have worked it out. In one case it was a gap of a year, and in the second it was a gap of 16 months.
Chris Philp
Q
Jonathan Hall: What I would say is that the risk was managed, as the law currently stands. There was a gap, but in fact, it is not as if something very bad happened from those sources in that period, as far as I can work out, having read the materials that I have read.
Chris Philp
Q
Jonathan Hall: Yes.
Chris Philp
Q
Jonathan Hall: The latter. I am quite satisfied that the Government are doing that.
Chris Philp
Q
Jonathan Hall: You asked me about the current TPIMs. I cannot speak for all the uses of control orders and TPIMs that have happened before my period. There is a risk that mistakes can be made about assessing intelligence. I have reason to believe that. My concern is that you are opening up a greater margin of error if the standard of proof is lowered. It is a fairness issue based on the authorities having all the cards.
The point that you make, which is that the authorities can be generally trusted to make TPIMs against the right people, to my mind rather demonstrates that a change is unnecessary. The authorities have been able to impose TPIMs, as far as I can see, where they have wanted to. I am not aware of cases where the authorities would like to have imposed a TPIM if the standard of proof had been lower—where they could say, “We think this person’s a terrorist, but they may not be and we’d like to impose a TPIM, but we can’t, because we cannot show on the balance of probabilities.” I am not aware of that sort of case. So I agree that the authorities can be trusted and, at the moment, I think things are working okay.
The regime of control orders and TPIMs has fluctuated over the years since it was introduced. It has been subject to a lot of scrutiny and consideration by my predecessors and by the courts. It has landed in a reasonably good place. The danger about changing unnecessarily is that, maybe not now, but in a few years’ time, you might provoke an overreaction.
I will give an example of that. When the control order regime came in, it was seen as a bit illiberal and that led to the removal of the power to relocate individuals when the TPIM regime was introduced. Eventually, my predecessor David Anderson, the Government and Parliament agreed that it was necessary to bring back that power of relocation. So if you like, there was a period when the public were less safe because the ability to relocate had been removed, and the reason why that ability to relocate had been removed is that it was the reaction to what had been seen as a slightly illiberal measure. If it is right that the current standard of proof is usable and fair, and I think it is, in a word, if it ain’t broke, why fix it?
Chris Philp
Q
Jonathan Hall: Yes, but of course if the standard of proof is lowered, the extent of judicial protection is lowered, because the judge will not be asking him or herself, “Was the Secretary of State right to be satisfied on the balance of probability that this person is a terrorist?” The judge would have to say, “Well, in theory, they may not be a terrorist, but the Home Secretary’s view that they may be a terrorist is reasonable,” so you would remove the judicial protection.
Chris Philp
Q
Jonathan Hall: I am not aware of any misuse, but I am aware of circumstances in which the intelligence was misunderstood.
Chris Philp
Q
On Second Reading, my right hon. Friend the Member for New Forest East (Dr Lewis) raised the question of someone who had been a member of Daesh returning from Syria. Of course, if somebody has been circulating in Syria, it is very hard to establish their activities on the balance of probabilities. It is hard to get witness testimony and there will be no intelligence surveillance, but the fact remains that they have been to Syria and done whatever they have done over there. In those circumstances, is it conceivable that, when British citizens who are members of Daesh return from somewhere like Syria, the lower burden of proof might be helpful, or in fact necessary?
Jonathan Hall: I have thought a little about this. It is certainly the case that evidential coverage of what goes on in Daesh-controlled areas will be limited, which is why prosecution is particularly difficult. Intelligence coverage might be more, but it might be patchy. I think that if someone has been in Syria for a long time, it is a pretty obvious inference that they have been up to no good, so I do not think that you would need the lower standard of proof. You would not say, “I reasonably suspect that because you spent five years in Syria, you were engaged in terrorism-related activity.” My own view is that a judge would say, “On the balance of probabilities, you were engaged in terrorism-related activity.” Of course, there will always be some coverage. I do not think that what you said is right, although I see where you are coming from.
Chris Philp
Q
Jonathan Hall: Yes, but I think that, with respect, what you are missing out is the big factual matter, which would be undisputed, that they were in Syria. The Secretary of State’s starting point would be, “Here is a matter of fact, undisputed, that somebody spent all those years in Syria.” I think that that would provide a fairly good jumping-off point for an inference that they were engaged in terrorism-related activity.
Chris Philp
Q
Jonathan Hall: I think that judges, when they come to consider these matters, are prepared to draw robust inferences. They are not fools. No doubt the Secretary of State would also not be fooled by someone who simply claimed that they were there for humanitarian reasons.
Chris Philp
Q
Jonathan Hall: The difficulty with terrorism risk is that it is quite difficult to measure. You have actuarial tools to look at whether people who have committed burglary will reoffend, and they are reasonably robust. You do not have those sorts of tools for terrorism. As I probably said in my notes, some of the factors that you normally associate with reoffending—for example, not having a stable family background—do not tend to work so well with terrorism offenders. You find terrorism offenders who come from a stable background and have a job, so it is inherently difficult to identify the probability that someone will reoffend.
The approach that I took when I did my MAPPA review was that the more information, the better. I agree that the probation service, the police and MI5 will be carrying out assessments, but you lose the confrontation that takes place at a Parole Board hearing. As you have probably done, I have attended such a hearing, where there is an opportunity for the chairman to speak to the offender in quite a formal setting. It brings something different to the table, which you would obviously lose. You would definitely have covert intelligence sources, and you would have overt management in the sense of the police being able to speak to the offender, but you would lose the opportunity for a confrontation before they have been released. You are losing something—that is probably how I would put it.
Chris Philp
Q
Jonathan Hall: The Parole Board has two choices: it could release early, but it could, and often will, decide not to release early and say, “Actually, you’re far too dangerous.” That additional source of information about their risk will then be very useful to the security services when they are eventually released.
The Chair
We will now hear from the National Police Chiefs’ Council. Should hon. Members wish to ask a question, it would be helpful if they could catch my eye early in the proceedings, so that I can try to restrict Front Benchers as necessary.
Thank you very much for joining us, Mr Jacques. Could you please briefly introduce yourself and your organisation?
Tim Jacques: I am Tim Jacques. I am an assistant chief constable and I work with counter-terrorism policing here in the UK. I am the deputy senior national co-ordinator.
Chris Philp
Q
Tim Jacques: It will make our job easier, and yes, I believe it will make the public safer.
Chris Philp
Q
Tim Jacques: That is a very long question. On the first point, policing itself is not the applicant for TPIMs; the Security Service is. Am I able to share its view in this forum?
Chris Philp
Please do.
Tim Jacques: First—Jonathan touched on this—there have not been occasions thus far when the current burden of proof has prevented the application of a TPIM. In terms of the numbers, there are six now in place in the UK. Neither we nor the Security Service envisage a large increase in those numbers as a result of the provisions in the Bill. The Security Service points to three instances where it thinks this would have utility from an operational perspective. The first is where an individual’s risk profile is rapidly increasing—hypothetically, somebody who we know might be operating online, but our belief is that they are moving towards posing an actual threat on the street with an attack plan in place. If that is very rapid, which it can now be—we have seen instances of that—then being able to use a lower standard of proof is something that MI5 thinks would be of use.
Secondly—Jonathan touched on this too—there is the issue of somebody returning from abroad, who we believe has been involved in terrorist-related activity overseas, and the issues of evidence in that. The Home Secretary can currently impose temporary exclusion orders at the lower standard of proof. If somebody wants to come back and has a right to come back to the UK, they can be imposed on the lower standard of proof. If someone somehow makes it to the UK under the radar or without our knowledge, the higher burden of proof would have to be applied to impose a TPIM. That is the second case that MI5 would point to.
The third issue, which Jonathan also touched on, relates to sensitive material. TPIMs are challengeable and there is an automatic review and so on. The disclosure of sensitive material would potentially compromise sensitive techniques and therefore make our job and that of the Security Service harder, but the lower standard would assist them in their national security role.
Chris Philp
Q
Tim Jacques: That is the view of the security services. We are not the applicant, but that is their clear view.
Chris Philp
Q
Tim Jacques: Because we jointly manage TPIMs once imposed, I can speak on this. Yes, we do see an increase in the threat if that gap occurs, and that gap has occurred, as Jonathan has pointed out previously.
Alex Cunningham
Q
Tim Jacques: I certainly have a view on that. From a policing perspective—I do not think it is any different for our operational partners—there are two trains in place here: one is punishment and incarceration, which was mentioned earlier; and the other is rehabilitation, desistance and disengagement. Ultimately, the best outcome is the latter: we change the individual’s mindset and view of the world, and mitigate the risk that they pose to the public in an enduring manner. Anything that promotes that prevent, disengagement and deradicalization position is to be welcomed.
Both those options are considered with TPIMs, and indeed with most of the work that we undertake. Both protect the public, if successful. We are conscious of that and drive both of them. Counter-terrorism policing operates across all the Ps of the Government’s counter-terrorism strategy, called Contest, and prevent and pursue are included in that.