Counter-terrorism and Security Bill

Lord Hanson of Flint Excerpts

Tuesday 10th February 2015 Commons Chamber

[Mrs May]

My hon. Friend makes an important point. Our country has one of the strictest legal structures for dealing with these kinds of matters. We also have significant oversight through the role of the various commissioners and the independent reviewer of terrorism legislation and through the enhanced capabilities of Parliament’s Intelligence and Security Committee, which has, through its Woolwich report, shown how it can use those powers to scrutinise in detail what has taken place and report to the public. Our intelligence agencies do a very good job for us every day of the week, and we need to ensure they can carry on doing that job with appropriate oversight, which I think we have in place.

On the privacy and civil liberties board, as I said in response to my hon. Friend the Member for Hendon (Dr Offord), there is further work to be done because we have to consider the responses to the recent consultation on it before bringing forward regulations to establish the board, but I trust the amendments we have made will reassure the House about the Government’s approach to these important issues.

The range and significant nature of these amendments demonstrates the approach that the Government have taken on this Bill. With the support of the official Opposition, we have agreed a timetable to ensure that it will be enacted at the earliest opportunity, but we have also ensured that our proposals have been subjected to robust analysis, and we have listened to the full range of views from all sides of both Houses. The Bill has certainly benefited from that scrutiny.

I welcome the fact that these measures have broad cross-party support, and I am grateful to all hon. Members, and particularly the Opposition Front Bench, for the constructive approach that they have taken throughout our consideration of this Bill.

As I have made clear previously, we are in the middle of a generational struggle against a deadly terrorist ideology. The first duty of Government is to keep the people of Britain safe and this Bill will help us to do so. The amendments made in the Lords will improve the provisions, and strike the right balance between our rights to privacy and security. I invite the House to agree them, so that we can enact this legislation without any further delay.

[Mr David Hanson (Delyn) (Lab)]

We, too, welcome the Lords amendments. The Home Secretary was right to commence her remarks by reminding the House of the events in Paris and the ever-present threat of terrorist activity on these shores. It is for that reason that we took a constructive approach to the Bill; we believe there is a threat, and it needs to be effectively managed, and we in Her Majesty’s Opposition give the Home Secretary the support she needs for the work of the police, MI5 and others, which she has sought to give extra powers to in this Bill.

We are also keen to respond to the positive comments made last year by David Anderson, the reviewer of terrorism of legislation. We are grateful that the Home Secretary has listened to the comments made by Mr Anderson, and indeed by the other place.

The Bill was introduced into this House at the end of November. There was no pre-legislative scrutiny or public consultation on most of its provisions and it finished its Commons stages on 7 January. I understand why the Home Secretary has moved quickly on these matters, but the fact that 39 amendments were made in another place and have come to this Chamber shows that some serious issues have had to be reflected on during the passage of the Bill.

We welcome the thrust of the amendments made by the Government, because they are a series of concessions to points made not only in another place—I take the point made by the hon. Member for Perth and North Perthshire (Pete Wishart) about that—but in this House.

[Julian Smith]

Does the right hon. Gentleman regret, as I do, that the amendments tabled by the noble Lord King that sought to bring back the draft Communications Data Bill, or all the elements of it, did not make it back to this House? Does he agree that we need to move forward with that as soon as possible?

[Mr Hanson]

We need to look at and deal with that issue. Five years ago, in my last year as a Minister in the Home Office, I was briefed as the Minister for Policing, Crime and Counter-Terrorism on the need for such a Bill, so we do need to examine the matter. Whoever wins the election in some weeks’ time, the next Parliament will have to return to that issue. In fact, I think it would have returned to it in this Parliament had it not been for the Liberal Democrats—but let us not find division where there is none this evening.

We welcome the measures agreed to by the Home Secretary. We need strong terrorism powers and to accept that the rise of ISIL and associated groups represents an exceptional threat, but we also need to look at how we manage such powers within the confines of ensuring that we uphold the principles of democracy in this country. On the temporary exclusion orders, therefore, we welcome the principle of judicial oversight being accepted following amendments in another place. In this House on 2 December the shadow Home Secretary, my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), rightly pointed out that there was such judicial oversight for terrorism prevention and investigation measures, and stated that we would be tabling amendments on that very principle. The Home Secretary said to me in Committee on 15 December that such oversight was not necessary and that for her to have the power to make that decision should suffice.

Not only Opposition Members but Government ones, such as the right hon. and learned Member for Beaconsfield (Mr Grieve), the hon. Member for Cities of London and Westminster (Mark Field) and others, made the point that we need to uphold democracy and the right of appeal and oversight at the same time as tackling the threat head on. The debate continued on Report and, indeed, the Opposition tabled an amendment to achieve the objectives that the Government are now accepting following amendments in another place. Both Government parties voted against the earlier Labour amendment, but now support proposals that, broadly speaking, do exactly the same thing. It is a significant U-turn by the Government, but welcome all the same. The case for judicial oversight has been clear all along, and the conditions now in place are welcome.

Her Majesty’s Opposition also fully support the Prevent strategy changes made by the Home Secretary this evening. Labour developed Prevent when in government, and my right hon. Friend the Member for Salford and Eccles (Hazel Blears) was key to that at the time. It is important for us to have a statutory basis for Prevent. The Bill introduces the obligation on public bodies to implement Prevent and to follow statutory guidance. We supported that in principle, but, again, we made it clear that we wanted to press strongly on the guidance, on the nature and drafting of which my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) made some key comments. We tabled some amendments, which the Government have now accepted, on the guidance being subject to parliamentary approval. That amendment was drafted by the Labour party and supported by Universities UK. We also supported in another place specific protection for universities’ obligation to uphold freedom of belief. I welcome the fact that my hon. Friend made those points, that Labour Members have made the points in another place, that the House of Lords has agreed the amendments and that the Government have now accepted them.

We support the creation of the privacy and civil liberties board, but there was significant confusion about its role as introduced in the Commons. Yet again, we raised that issue in this place and in another place, and the Government have now accepted some of the points made and have clarified, particularly, the interaction of the board and the independent reviewer. That will address some of the capacity problems faced by the independent reviewer.

It is also important that we have accepted the amendments on the authority-to- carry scheme. That is a vital power but most of the detail and how it will impact carriers has been left to secondary legislation. The Government have now accepted that these detailed regulations will need to have proper parliamentary scrutiny, and, again, that is welcome.

There was not a great deal of division between the Government and us on the principles of the Bill before it left this place, but we did want to see some strengthening, and those strengthening measures have been put in place. I wish not only to pay tribute to my hon. Friend the Member for Kingston upon Hull North and my right hon. Friend the Member for Normanton, Pontefract and Castleford for raising those issues here, but to thank Lord Rosser and Baroness Smith of Basildon for raising and dealing with those issues in another place. Serious consideration has been given in the House of Lords and this Bill is the better for it. I am pleased that the Home Secretary has accepted those amendments, and she will have our support on them tonight and on the implementation of the Bill in due course.

[Several hon. Members]

rose—

--- Later in debate ---

[Mr Hanson]

The reason I made a point of that was not about the amendment, but about the principle of the amendment initially, which is important.

[Mr Heath]

That is not the way Third Reading and Report work; what we put into the Bill then is the Bill—it is not a question of principle at that stage. The principle was that the Home Secretary accepted our arguments, she has brought this back and I am grateful to her. I am also grateful to her for the changes to the privacy and civil liberties board.

The one area where we still have a mess, despite the welcome improvements, is on the draft guidance on places of higher education. Of course I welcome the explicit references now in the Bill to “freedom of speech” and “academic freedom”, but introducing those as something to which both the universities and the Home Secretary need to have particular regard means that we have an incomplete hierarchy of priorities between that and the guidance in the draft guidance. That makes it difficult for vice-chancellors and others to assess exactly where their duties lie.

The saving grace lies in amendment 14, which means that the guidance will come before this House for consideration. The reason I specifically asked the Home Secretary what changes she would make to the draft guidance as a consequence of subsection (3) of the new clause in amendment 16 is that there is a clear implication, if that means anything at all, that there will be changes made on that basis. It cannot simply be done in response to the consultation process; there needs to be something that emerges from that process. I look forward to seeing the draft guidance revisited, reissued and then coming before this House for final decision. However, I make a plea to the Home Secretary not to have something that is too bureaucratic or to have hurdles that are impossible for large universities to jump. I have to say that I would be quite incapable of telling a university at which I was speaking what I was going to say two weeks in advance—I do not know what I am going to say when I stand up to make a speech.