Counter-Terrorism and Sentencing Bill

Conor McGinn Excerpts

Consideration of Lords amendments
Monday 22nd March 2021 Commons Chamber

[Chris Philp]

We had a very constructive debate on the Bill when it passed through the House last year, and I am delighted to speak to it again this evening.

Lords amendment 18, in the name of Lord Anderson of Ipswich, proposes a new upper time limit of four years for the duration of a terrorism prevention and investigation measure. The Bill as originally drafted sought to remove the current two-year limit and instead enable a TPIM to be renewed annually for as long as necessary. Having carefully considered the amendment tabled by Lord Anderson and consulted with him, the Government, in disagreeing with the amendment, have tabled amendments (a) to (e) in lieu, which set a five-year limit instead of a four-year limit.

I am given to understand that the noble Lord Anderson is content with that, and we believe that it represents a reasonable compromise between a desire to set a reasonable limit on the maximum duration of TPIMs and protecting our fellow citizens. We heard evidence from Assistant Chief Constable Tim Jacques during the passage of the Bill that occasions have arisen when there has been a cliff edge and people have posed a risk to the public after the expiry of a TPIM. The Government believe that a five-year hard time limit is, ultimately, a reasonable compromise.

Of course, TPIMs are reviewable on an ongoing basis. They are reviewed and renewed, and if somebody ceases to be a threat, the TPIM will be discontinued. Under the Terrorism Prevention and Investigation Measures Act 2011, there is not only an ability to have regular review hearings under section 9 but a right to appeal to the courts under section 16 for people wishing to challenge a decision for their TPIM notice to be extended. Given Lord Anderson’s agreement that five years rather than four is reasonable, I hope that the House will consent to our proposed amendments (a) to (e) in lieu.

Lords amendment 17 was a concession made in the Lords, and the Government will therefore support it. It elevates the burden of proof required before imposing a TPIM from reasonable suspicion, as originally proposed in the Bill, up to reasonable belief, which is a slightly higher standard of proof. Again, I hope the House will agree that this represents a reasonable compromise between this House and the upper House. The Government believe that with that slightly higher standard of proof, we can still keep our fellow citizens safe, and we feel that Lords amendment 17 strikes the right balance. We will therefore be supporting it, and it is backed up by Lords amendment 19, which creates an ongoing annual review by the independent reviewer of terrorism legislation of the use of TPIMs, commencing for the first time next year.

I do not want to detain the House long with the other amendments, because there are a total of 77 and I do not wish to go through all of them one by one. [Hon. Members: “Go on!”] I can hear that there is enthusiasm for that, but I am going to disappoint the audience by not going through each one individually. I will just say that a number of them relate to the devolved Administrations. In particular, we have removed the polygraph clauses from Scotland and Northern Ireland, because the legislative power already exists there, should those Administrations wish to use it. We have also made some technical changes concerned with single terming in Scottish law, and some technical amendments that are consequent on the passage of the Police, Crime, Sentencing and Courts Bill.

In summary and conclusion—always a popular phrase—I think we have now arrived at a good set of measures, which will protect the public while also respecting and protecting fundamental rights. I therefore commend these amendments to the House.

[Conor McGinn (St Helens North) (Lab)]

It is a pleasure to follow the Minister, and I will not detain the House long or speak to each of the 77 amendments. However, there are some issues that I want to raise. I will start by thanking the Minister; I know we had a robust exchange today across the Dispatch Box, and I am sure we will have many more, but his conduct in speaking to and informing me over the course of not just this weekend, but the passage of the Bill, has been exemplary. I want to acknowledge that.

Clearly, we also want to thank those across counter-terrorism, policing and the security services and all their partners who selflessly put themselves in harm’s way to advance the effort to keep people safe. Following the horrific events of Fishmongers’ Hall, Streatham, Reading, and the Manchester Arena attack and others like it, I think that everyone across this Chamber acknowledged that there was a clear need for a change, both in legislation and approach. These Lords amendments, and particularly those that the Government have accepted, speak to the heart of that, and it is why we welcomed and supported this Bill in principle all along. It has returned to us from the other place in better shape, and I am pleased to see that some of the proposals that we made in Committee have influenced it.

However, even as amended, it is arguable whether any of what the Government have brought forward in the Bill would have had a significant role in preventing any of those attacks. I do not think there are many new tools here, if any, that the Government did not already have at their disposal. Since the passage of the Bill began, we learned that the perpetrator of the Fishmongers’ Hall attack was deemed a high-risk, category A prisoner before his release, and that there was intelligence suggesting he might be planning an attack. We know that the perpetrator of the Reading attack had been released from prison only two weeks previously, following a 17-month sentence for affray and assault, raising concerns about the influence and consequences of radicalisation in prisons, and that the ongoing inquiry into the Manchester Arena attack has already identified some serious questions about how terrorist suspects are monitored, as well as aspects of security around major events. We know that the number of offenders on licence for terrorism-related convictions recalled to prisons is steadily rising for 2020; up to just June of that year, it had doubled from what it was a decade before. That is why it was surprising for me to find out that the Government do not have any idea how many terrorist suspects are rearrested following their release after previously being arrested or charged.

On the specifics of the amendments, particularly Lords amendment 17, Lords amendment 18 and amendments (a) to (e) in lieu, the Government initially rejected our call for a review of so-called lone wolf terrorists last summer. We have since learned that they have, in fact, conducted one, but they are not willing to share the results or make clear the impact or actions that have come out of it. I have asked for a briefing on it and have not heard back. I do not think that is in keeping with my experience of my relationship with the Minister and his colleagues, and I hope that we can find a way to resolve that. [Interruption.] The Minister says from a sedentary position that it is a different Minister. He is right, but it is the same Department, and I trust that now and again they cross each other’s paths and liaise on matters relating to the Home Department.

We note the announcement in last week’s integrated review that the Government intend to set up a new counter-terrorism operations centre, but there is nothing in this Bill about that, and we have little detail about how it fits into current structures, where it will be based, who it will be accountable to and what it will do. Of course we then have the ongoing review of Prevent. Things move quickly in the sphere of counter-terrorism, and it is important that the police, the security services, their operational colleagues, this House and, above all, the British public have confidence that the Government are adapting to emerging threats and, indeed, pre-empting them. Tough talk is fine, but we need to see it matched with tough action.

In Committee, we tabled amendments that would, for example, have led to additional judicial oversight and an even higher burden of proof, and compelled the publication of an exit strategy for TPIMs. I think I argued rightly that it is not in the interests of anyone to allow individuals to remain on TPIMs indefinitely, not least in terms of bringing them to justice.

On the issue of the burden of proof, we want TPIMs to be robust but flexible. That is why we struggle to see the logic in lowering the standard of proof, whether from a procedural, administrative or operational perspective, because no prior TPIM request had been rejected at that threshold, proving that it was no impediment. That is why we tabled an amendment that would have raised the standard of proof, like the Government are proposing now some nine months later, to try to find a middle way on “reasonable and probable grounds”. The provisions before us now effectively retain that higher standard, and of course we welcome that.

We acknowledge the work of colleagues in the other place on Lords amendment 18 and the amendments in lieu in the Minister’s name. We welcome the fact that the Government have responded to our concerns and those raised by hon. Members across this House and, indeed, those in the other place, accepting the general principle of Lord Anderson’s amendment but making the limit of a TPIM notice five years rather than four. We accept that; it is a good concession. As I said before, however, we will endeavour to monitor its workings and impact as we move forward.

Again, we acknowledge the Government’s response to issues raised about the use of the polygraph. That is welcome too, and I appreciate the Minister’s engagement on that with the official Opposition and colleagues from other parts of the UK.

Finally, we welcome Lords amendment 19. We believe that the framework around TPIMs will undoubtedly be improved and enhanced by the input of the independent reviewer of terrorism legislation.

We will always be uncompromising in tackling terrorism and, in that spirit, willing to compromise and work constructively with the Government. That has been our approach throughout the Bill’s passage, and it is good to see that, in large part, the Government have listened to our concerns. However, I raise those questions, particularly because, as the Minister will be aware, this is a fast-changing environment and we need to be responsive. Getting that right is of the gravest importance for us all. Alongside scrutinising and, as appropriate and without apology, criticising the Government, I will always commit to working together where we can in this endeavour.

[Mr Deputy Speaker (Mr Nigel Evans)]

I have been encouraged by those here physically who tell me that they will make short contributions to try to do this without imposing a time limit. May I encourage those participating remotely, if they have prepared short speeches, to stick with the speeches they have prepared?