Prevention and Suppression of Terrorism

David Winnick Excerpts

Thursday 19th June 2014 Commons Chamber

[James Brokenshire]

Much proscription has the effect of seeking to prevent people from becoming involved in terrorism and the disruptive effects of that. A range of potential sanctions are available under the Terrorism Act, as well as under proscription. I can tell the right hon. Gentleman that 55 international and 14 Northern Ireland-related terrorist organisations are currently proscribed and that, between 2001 and the end of March 2013, 32 people in Great Britain were charged with proscription offences as a primary offence and 16 were convicted. This is an important power that supports our broader activities in preventing terrorist activity and ensuring that prosecutions are maintained.

[Mr David Winnick (Walsall North) (Lab)]

Obviously, every step that can be taken to protect our people from terrorism should be taken; there is no dispute about that. However, there is a good deal of apprehension among some Government Members, as well as some Labour Members, about secret proceedings. I am speaking in general terms about proceedings in serious criminal cases that are heard largely in secret with all kinds of restrictions placed on reporters, and so on. Is not one of the great values of British justice that it should not only be done but be seen to be done?

[James Brokenshire]

The hon. Gentleman will remember the debates that we had in this House about the Bill that became the Justice and Security Act 2013 regarding the use of closed material proceedings in civil cases. The point that we made very clearly then was that this is about justice being done, and that many cases could not advance because of the sensitive nature of the material. There is a careful balance, with the oversight of the court, to ensure that evidence can be adduced so that justice occurs. The court will be very conscious, particularly in criminal cases, of the balance to be struck. Matters are heard in camera or not in open court only in very restricted circumstances. I would certainly not wish to give the impression of any move towards some sort of desire for closed justice. Of course, justice needs to happen, and wherever possible and practical it happens in open court. However, in cases where evidence is sensitive and relies on intelligence material, there will need to be different processes, and in the interests of justice that should be maintained.

[Mr Winnick]

I recognise that during proceedings where defendants are being tried some very sensitive evidence should not be disclosed—there is no dispute about that—but when the proceedings are virtually heard entirely in secret, there is bound to be controversy.

[James Brokenshire]

I am not aware of significant numbers of cases that are being heard in the way that the hon. Gentleman suggests. It would be inappropriate to seek to interfere with the judgment of the court. The court will assess the evidence before it and determine what is appropriate in the handling of criminal cases.

However, this is a broader issue that we have debated on previous occasions, and it is appropriate for me now to return to proscription and the different organisations that are under careful scrutiny by this House today.