Counter-Terrorism and Sentencing Bill

David Lammy Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 21st July 2020 Commons Chamber

[Mr David Lammy (Tottenham) (Lab)]

This is an important Bill, which will have a significant impact on many aspects of the criminal justice system for many years to come. I wish to thank colleagues who contributed to the robust debates that we have had in Committee and on Report. In particular, I thank my colleague, my hon. Friend the Member for Stockton North (Alex Cunningham), who has made characteristically thoughtful contributions throughout the Bill’s passage. I thank also my colleague, my hon. Friend the Member for St Helens North (Conor McGinn), for his characteristic robust approach, and the Under-Secretary of State for the Home Department, the hon. Member for Torbay (Kevin Foster), who has been a pleasure to work with for the first time on the Front Bench. I also thank the hon. and learned Member for Edinburgh South West (Joanna Cherry) for the joint working that we were able to do in opposition.

As I said on Second Reading, the Opposition fully accept that those who have committed serious terrorist offences should serve a sentence that fully represents the gravity of their actions. First and foremost, our approach has been an overarching commitment to keep the British public safe and to ensure that horrific terrorist attacks such as the ones at Fishmongers’ Hall and Streatham cannot be repeated. The Opposition also accept that when those who have committed the most serious terrorist offences are released, it is only right that, even if they are really sorry, they are subject to stringent licensing conditions that would allow their close supervision in the community.

We accept that the broad thrust of the Bill is necessary and proportionate. It would be a mistake to say, though, that the Bill is flawless, or that its provisions on their own can protect the public from the ever-present threat of radicalisation and serious terrorist atrocities. One of the greatest concerns that we have had, as an Opposition, since the emergence of the Bill is that the balance between the importance of punishment and the necessity to rehabilitate offenders has not been quite struck. At this stage, it is important to make one point perfectly clear: even offenders convicted of the most serious terrorist offences, those who are subject to extended sentences under the Bill, will at some point be released back into society. That is the reality that, wherever we sit in this House, we must accept. Although, as I have already pointed out, it is only right that the most serious terrorists serve extended sentences of up to 14 years, the Opposition also believe that we have a moral duty to ensure that offenders leave prison less dangerous and less willing to harm the fabric of our society than when they went in.

Failing to believe and invest in deradicalisation strategies not only fails society but actively puts members of society at increased risk. Although it is sadly true that most serious terrorist offenders will prove to be either unwilling or unable to reform, it is our duty to believe in hope over despair. It is simply not good enough to lock terrorists away for longer, put them out of our minds and hope for the best. As we have seen from the devastating attacks at Streatham and Fishmongers’ Hall, this approach does not work.

The Government cannot simply give up on rehabilitation, nor the ability of former offenders to reform, which is why it is so disappointing that so little in the Bill will do anything to strip terrorists of their hateful ideologies or to encourage them to rejoin society as reformed individuals. It is abundantly clear that we need a serious and comprehensive strategy on deradicalisation in prison, and the Opposition will hold the Government to account on that in the months and years to come.

That brings me to another issue that the Opposition have sought to recognise during the passage of the Bill: the importance of probation. We cannot begin to tackle terrorism without first recognising the important role played by the probation services. It is worth remembering that the role of probation is not just to monitor risk but to provide support to those who have been released from prison so that they are less likely to reoffend and can play an active role in society.

The provisions of this important Bill will mean that more people will serve longer behind bars, followed by hugely increased licence periods in the community. With that in mind, it is more important than ever for our probation services to be fully functioning and effective, yet we know that our probation services are already hopelessly overstretched and overworked.

In particular, Labour is concerned that the provisions of the Bill will place a huge burden on specialised probation officers, who are already very thin on the ground and hold very high terror-related caseloads. Research shows us that more time spent with offenders is essential to the carrying out of proper risk assessments, but that simply will not be possible with vastly increased workloads. The Government cannot simply increase the responsibilities placed on probation officers, increase their workload and consider the matter closed. It is vital that probation officers are given the resources that they need to do their job; the safety of the public depends on it. The Opposition will hold the Government to account if they fail to meet their obligations to the probation services.

Another concern that was stressed throughout Committee and on Report is the importance of recognising the difference between young offenders and adult offenders. Young offenders and adult offenders are inherently different: they think differently and make decisions in different ways but, most importantly, young offenders are much more capable of reform than older adults. As Jonathan Hall QC, the independent reviewer of terrorism legislation, rightly pointed out during his analysis of the Bill:

“The requirement of a minimum mandatory sentence for all adult offenders, however young,”

raises the question of

“an adult of 18 years and one month”

being

“any more mature than a child of 17 years and 11 months”.

The Opposition recognise that there are significant differences between adults over 21, those who are between 19 and 21, and those who are under 18. Members of each of those groups are at very different stages of their lives, and reviews, including my own, have recognised the need for different criminal justice approaches to different age groups. In order properly to reflect the difference between young offenders and adult offenders, the Opposition tabled an amendment that would require a pre-sentence report to be carried out that would take into consideration the age of the offender and whether options other than a serious terrorist offence might be more effective. It is a shame that the Government did not accept that amendment, but I hope that the Secretary of State will consider the Opposition’s concerns in the months and years ahead.

Let me finish where I started on Second Reading, first in paying tribute to a dear friend, James Adams, who was killed in the 7/7 bombings, but also in paying tribute to Jack Merritt and Saskia Jones, who lost their lives in the attack on Fishmongers’ Hall. Both Jack and Saskia believed passionately that there can be a glimmer of light in even the darkest and most hardened of hearts. We on the Labour Benches share that optimism. Although it is only right that those who have committed the most heinous of crimes are subjected to extended sentences, we cannot give up hope of rehabilitation. If even the smallest chance of redemption exists, we owe it to the victims of Fishmongers’ Hall to try.

Throughout the passage of this Bill, the Opposition have sought to work constructively with the Government to ensure that the courts have the powers they need to meet the continual threat of terrorism and keep terrorists off the streets, and I assure the Secretary of State that I will continue to work constructively with him over the months and years ahead. This Bill goes some way to doing that, and therefore we will support it on Third Reading.