Prevention and Suppression of Terrorism

Debate between Damian Hinds and Crispin Blunt

Wednesday 24th November 2021 Commons Chamber

[The Minister for Security and Borders (Damian Hinds)]

I beg to move,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 3) Order 2021, which was laid before this House on 19 November, be approved.

This Government are committed to protecting the people of this country, and tackling terrorism in all its forms is clearly a critical and central part of that mission.

As the House will be aware, following the tragic death of our friend, Sir David Amess, last month, and the explosion outside Liverpool Women’s Hospital earlier this month, the independent Joint Terrorism Analysis Centre raised the threat level in the UK from substantial to severe on 15 November. A severe threat level means that an attack is highly likely.

Terrorism poses a persistent and enduring threat to our way of life. Public protection must be our No.1 priority and we continue to work very closely with counter-terrorism, policing and the intelligence and security agencies in pursuit of that vital endeavour. The Government’s position towards Hamas is well-documented.

[Crispin Blunt (Reigate) (Con)]

While my right hon. Friend is on the subject of the assessment of the terrorist threat, will he say whether there is any assessment at all of any threat to the United Kingdom from Hamas?

[Damian Hinds]

I will come to the reasoning for the proscription order in this case.

As I was saying, we have a no-contact policy now with the entirety of the group, but we proscribe only the military wing.

--- Later in debate ---

[Damian Hinds]

We keep proscription—including not only whether organisations that are not proscribed should be but whether the proscription of those that are remains the correct and proportionate approach—under constant review.

The shadow Home Secretary and others asked implicitly—in fact, the hon. Member for Stirling (Alyn Smith), who spoke for the SNP, asked explicitly—why now? It is because we keep the response to terrorism under continual review. It is entirely appropriate that we take all available opportunities to strengthen the UK’s response to domestic and international threats. The extension of the proscription of Hamas is part of that response. As I have said, the group in its entirety is assessed to be concerned with terrorism, with the lines that the Government had previously drawn between its constituent parts now being assessed as artificial.

My right hon. Friend the Member for Newark (Robert Jenrick) spoke movingly and with great passion about the terrible case of 26-year-old Eli Kay. Ultimately, it is a reminder of what we are discussing here—the end result of terror and why it is essential that our Government and Governments around the world be constantly attentive to the threat of terrorism and do what is required to mitigate that threat.

A number of colleagues across the House spoke about the position of NGOs and related matters. Implicitly, the question is, would this stop the work of UK NGOs or others in location? The shadow Home Secretary asked about that, as did the hon. Member for Caerphilly (Wayne David), the right hon. Member for Leeds Central (Hilary Benn) and others. The Government recently published guidance to support our NGOs to operate overseas in high-risk jurisdictions while complying with the counter-terrorism legislative framework and sanctions regime. A specific section refers to proscription, including how to operate around what are known as sections 11 to 13 offences. That is guidance, and we encourage our NGOs to seek legal advice in relation to specific activities and ensure compliance with terrorism legislation.

The UK will continue to work with international partners and NGOs to support the people of Gaza, including through our long-standing support of the United Nations—

[Crispin Blunt]

I think we would all be grateful for clarity on one specific issue. If those of us who want to continue to engage with people whom we know are members of Hamas and who are in leadership positions—in order to try to draw them into peace negotiations, the unification of the Palestinian position and all the other things that we should be trying to do as parliamentarians engaged in that process—have made it clear that we have no support for Hamas as a movement, will we be at risk of prosecution?

[Damian Hinds]

I think my hon. Friend will appreciate that I am not in a position, standing at the Dispatch Box, to give guarantees about unspecified activities in which he or others may or may not be involved in the future. This is an order specifically to proscribe this organisation in its entirety. The legislation is clear about the activities that that covers, including support for the organisation, and particular ways of using emblems and so on in support of it, or in ways that would reasonably be considered to be in support of it, and I direct him to that guidance.

Let me come back to what I was saying about NGOs. We will continue to work with international partners and NGOs to support the people in Gaza. It is important to stress that a number of donor partners already list Hamas in its entirety and still continue to deliver significant humanitarian development programmes in the region. Specifically on the point raised—not with me, but with her colleague, the hon. Member for Stirling (Alyn Smith)—by the hon. Member for Central Ayrshire (Dr Whitford) about her charity work on breast cancer, for which I commend her, and more widely on the position of smaller NGOs, I am happy to follow that up with her separately if that is helpful.

Finally, a number of colleagues raised the overall position of the middle east peace process. The UK’s long-standing position on that has not changed. We support a negotiated settlement leading to a safe and secure Israel living alongside a viable and sovereign Palestinian state, based on the 1967 borders, with agreed land swaps, Jerusalem as the shared capital of both states, and on a just, fair, agreed and realistic settlement for refugees. Proscription is not targeted at any particular faith, social grouping or ideological motivation. It is based on clear evidence that an organisation is concerned with terrorism as assessed by the Joint Terrorism Analysis Centre.

We are clear that, based on the available evidence, it is appropriate for the Home Secretary to exercise her discretion to proscribe Hamas in its entirety. It is our duty to support the order to protect the public from the noxious ideologies that Hamas holds. That being the case, I urge hon. and right hon. Members across the House to support the order.

Question put and agreed to.

Resolved,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 3) Order 2021, which was laid before this House on 19 November, be approved.