Counter-Terrorism and Security Bill

Debate between David Winnick and Frank Dobson

Monday 15th December 2014 Commons Chamber

[Frank Dobson]

I agree that the Government have modified their position since the first daft statements were made—things have been made more rational—but I do not think they have come up with the best proposition. The proposal for notification and managed return orders may not be perfect by any means, but it is a better proposition than that suggested by the Government.

The peculiarity of the functions of British consular services when a person is suspected is extraordinary. The consular services will serve people with an order and then, if somebody else nicks them and puts them in prison or starts torturing them, the same consular services will turn around and start looking after their interests. That seems to me to be at the odd end of the functions of a consular service.

[Mr Winnick]

If this measure does not succeed, what would my right hon. Friend say in response to the powerful argument made by the right hon. and learned Member for Beaconsfield (Mr Grieve) about the judicial process? Would there not be a very strong case that a court should decide on temporary exclusion orders?

[Frank Dobson]

That might be an improvement, but the practicalities of what happens in Turkey or Syria are not changed by a court decision or endorsement here.

What the process does not do—I would have thought that we all want to see this done—is bring people under our jurisdiction, prosecute them and, if they are found guilty, jail them. Surely that should be the main objective of Britain’s policy. The process is likely to get them picked up, but not by us: they will be picked up by somebody who may or may not be one of our allies. I believe, therefore, that the basic Government proposal undermines and interferes with their fundamental rights of abode in this country and it does not achieve what we want, which is to see terrorists brought to justice. The proposal of my right hon. Friend the Member for Delyn (Mr Hanson) would address both issues, so it would be an improvement.

The human right of a British citizen to abode in this country is not some fancy right dreamt up in Brussels or Strasbourg, and it has not been created by the Human Rights Act 1998. It is a right of citizens to which Gladstone and Disraeli would have subscribed, not to mention Palmerston, who, after all, sent a gunboat to Greece to protect the interests of an exceedingly dodgy Maltese who probably had committed a crime. There is nothing new about this right and we need to be very careful abut doing anything that would undermine it.

I believe that notification and managed return orders do not deny the fundamental rights at all; do not expose people to being picked up by the Turkish authorities and still less by the Syrian authorities; involve the identification of the suspects but do not tip them off that they will be arrested if they come back to this country; which the temporary exclusion orders do; bring the suspects within British jurisdiction; and will result, if those people are guilty, in their being prosecuted and punished, which is what we want. We do not want them roaming around. If they come back here and are guilty of what they are suspected of, they will be picked up when they arrive at the port, the airport or St Pancras station. That is what we want to happen and it will not happen under the exclusion orders.