Terrorism: Glorification

Lord Hanson of Flint Excerpts

Thursday 30th January 2025 Grand Committee

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

My Lords, I am grateful for this debate today, which has been full of emotion and concern. It has raised issues that deserve to be respected, and I hope to be able to answer them in part.

I am particularly aware that this week, as the noble Baroness, Lady Foster, mentioned, sees the commencement of the Omagh bombing inquiry. I had the privilege of attending the Memorial Garden in Omagh some 15 years ago. I met victims there and learned of their continued pain, anger and desire for answers. The noble Baroness has herself been a victim of terrorist activity, and I understand the pain, anger and wish for answers that she brings to this debate. I have met with victims of Omagh. I have sat in a room with the widows of police officers who were murdered. I have met those who were killed by the IRA—and, indeed, those who were shot dead by loyalist paramilitaries as well. I have sat with, and looked into the eyes of, people who have undertaken those killings, both from the IRA and from the loyalist community. I did so to try to understand and resolve some of the issues that underpin this debate today.

I am grateful for the comments from a number of noble Lords and Baronesses. The noble Baroness, Lady Foster, and the noble Lord, Lord Morrow, mentioned my service in Northern Ireland. I had a fleeting period in Northern Ireland, but it left a deep impression on me and on my examination of the issues that still affect us today. Even in this Home Office job, just before Christmas, I attended the 50th anniversary of the Birmingham pub bombing. People still wanted answers and still did not understand; they were still the victims of violence that took place in the context of our discussions today. So I understand that.

The noble Baroness, Lady Foster, and the noble Lord, Lord Morrow, asked what has changed since I was there. I would be interested to see what has happened since I left. The noble Lord, Lord Bew, mentioned this as well. One thing has happened since I left. When I was in Northern Ireland, I was the First Minister; I was the Deputy First Minister; I was the Treasury Minister, for a while; and I was the Culture Minister and the Housing Minister. Now, Michelle O’Neill and Emma Little-Pengelly hold those posts in a devolved Administration salvaged from the trauma of that not occurring. They have got local decision-making back in place, as envisaged by the Good Friday/Belfast agreement—call it what you will—of 1998. So, there has been progress in many ways, but pain—it has been visible in the Room today—still exists as a result of that activity.

In a sense, I would like to look to the future as well. We have the legacy of the Troubles, which, again, is self-evidently visible in this Room today—the trauma experienced by individuals and communities, and by some noble Lords and Baronesses in this Room, some of whom have represented such individuals in Parliament or the Northern Ireland Assembly, as was referred to by the noble Lord, Lord Goodman of Wycombe.

Addressing the legacy of the Troubles is one of the aims of the Good Friday agreement. Noble Lords will be aware that the Government, through my right honourable friend Hilary Benn, the Secretary of State for Northern Ireland, are looking at how we can build on that legacy in order to ensure that we understand and find a way through those difficult issues.

The noble Baroness, Lady Foster, has given a view on the First Minister, as have other noble Lords here today; that is in the Room and on the record today. I hope that we can look at some of the issues as we go forward, while recognising that there is still a very deep scar in Northern Ireland as a whole.

That brings me to two points in relation to this debate. First, there is a Section 1 Terrorism Act 2006 offence of encouraging terrorism, including unlawful glorification. The noble Lord, Lord Goodman, mentioned it. I will come to the other points he raised in a moment. For individuals who glorify acts of terrorism, whether online or offline, whether with reference to proscribed organisations or individual acts of terrorism, such behaviour has no place in our society. There is a legal definition of that act of glorification currently on the statute book. Police forces in Northern Ireland or elsewhere can seek to examine it and can bring prosecutions accordingly. It may not be satisfactory to the noble Baroness, and she may worry about the number of prosecutions made—I understand that—but that framework is there in law.

In that sense, I say to the noble Lord, Lord Austin, who I still call my noble friend, that the incidents at a football match this week, which I was not party to—I have read about them, I have not seen them personally, but I take his word for what happened—can be referred by the police if they feel a criminal act was committed under that offence. I urge him to draw it to the attention of the West Midlands Police because that is where the appropriate response lies. It is not for Ministers to determine whether criminal action has taken place, it is for Ministers to put legislation in place.

The second important area is Section 12 of the Terrorism Act 2000, which makes it an offence to support a proscribed organisation. Again, this was referred to by a number of Members. There is a whole list of proscribed organisations which the Government have determined are beyond the pale, owing to their activities. Hamas is included in that. I was not in Parliament at the time, but in 2019 the offence was widened to ensure that it captured such statements even where the speaker is reckless as to their impact. The penalty for that proscription offence is a maximum of 14 years in prison and/or an unlimited fine. Again, there is legislation on the statute book now, and it is not for Ministers to determine whether that legislation has been broken. It is for the police to make an arrest, prepare a case and put it to the Crown Prosecution Service; and it is for the CPS to determine whether charges should be made. Those charges are either made or not. If they are made, they go to court. If they go to court, they are in front of a jury and the jury determines whether the law has been broken.

So, currently, there is a mechanism in place for any of the instances noble Lords have raised concerns about today. Are those two mechanisms currently satisfactory, given the nature of the changes in the threat and the activities? Well, the Government have done two things since 4 July. We organised what we called a sprint to review counter-terrorism legislation. There was a leak of some discussion this week. That is not government policy—I put that on the record—but we have asked Jonathan Hall KC to look at current legislation and I think it is important that this debate can form part of assessment for the Government. He will make that assessment and produce a report on current terrorism legislation, by which I mean Section 12 of the Terrorism Act, Section 1 of the Terrorism Act 2006 or indeed some potential new legislation to cover any issues raised today and elsewhere. He will present that report to Ministers at a date to be determined, we will make an assessment and either accept or reject any recommendations, and we may or may not bring forward new legislation during the many opportunities we have this year.

I am pleased, again, to see the noble Lord, Lord Anderson of Ipswich, in his place because I am grateful to him as he has accepted a commission from the Government to review the current operation of Prevent. It largely does not deal with the Northern Ireland situation, I accept that, but it deals with some of the issues that the noble Lord, Lord Goodman, and other noble Lords in this Committee have mentioned. So, without wanting to influence the determination of the noble Lord, Lord Anderson of Ipswich, he has a mandate independently to review this and make recommendations, which, again, the Government can reject or accept, that will be brought to this House in due course.

I say to all noble Lords here today that I understand the pain seen by the noble Lords, Lord Morrow, Lord McCrea and Lord Bew, and referred to by the noble Lord, Lord Goodman of Wycombe, and my noble friend Lord Austin. I particularly understand the sentiments of the contribution from the noble Baroness, Lady Foster. However, those issues are, in a sense, up for review. If the legislation is not sufficient or appropriate, then that will be reviewed, and recommendations will be made. We will respond to that in due course.

I will refer to a couple of other points that have been made. The noble Lord, Lord Goodman, raised a series of questions effectively about marching, parades and determinations. There is legislation on the statute book, and I have referred to it in the Chamber of this House recently. Legislation about marches is there. It gives powers to police officers and Gold Command to determine marching routes and whether they are suitable or if they cause difficulties. It is not the Parades Commission, but it a determination.

As a Government, we are currently looking at number of issues relating to the position of legislation. We have already publicly announced that there is legislation coming this year in a police and crime Bill that will look at the issue of war memorials and people who abuse them or stand on them. That is an issue. There are a number of other challenges that are on the radar. I am not in a position to announce policy today, but I assure the noble Lord, Lord Goodman, that we are working on a number of policy options that will address some issues to do with the management of parades and marches in due course. When we are in position to announce them, we will do so in the police and crime Bill.

The Government are committed to ensuring that police have appropriate powers to maintain order. There are a range of powers already on the statute book for the police to do that. We are keeping all that public order legislation under constant review. Where there are gaps, we will identify them. I will look at the points that the noble Lord mentioned, and I will write to him in detail in response to them.

My time is up. I could add a few more points, but I want to touch on the contribution from His Majesty’s Opposition’s Front Bench. It is important that we look at the internet. It is important that we look at radicalisation on the internet. Again, that forms part of reviews that are taking place currently. Also, the Government are committed to reviewing that with the platform companies to make sure that we remove content that is encouraging terrorism or, indeed, encouraging the abuse of children or sexual abuse in other ways. That is all on the agenda as well.

Given that I am one minute over, I thank the noble Baroness for raising this issue. I may not have answered all her points, but she has a right to raise those issues. She has done in that in an effective way that has left a legacy on this Committee in terms of its discussion. If I have not picked up points made by noble Lords today, I will do so and respond according. I look forward to continuing to work with colleagues from Northern Ireland and beyond to ensure that the next generation of children has a peaceful and productive future in a society that respects differences and rejects violence.

Committee adjourned at 4.54 pm.