Counter-Terrorism and Border Security Bill

Diane Abbott Excerpts

2nd reading: House of Commons & Money resolution: House of Commons
Monday 11th June 2018 Commons Chamber

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

In 2017, as the House has heard, the UK was subject to five terrorist attacks, which killed 36 people, injured many more and terrified millions. Furthermore, this year there was the shocking assassination attempt on Sergei and Yulia Skripal. So it is reasonable that the Government should review, and if necessary update, counter-terrorism legislation and arrangements for border security.

First, I want to pay tribute to the survivors and the bereaved of the terrorist atrocities in London and Manchester last year. The young girls at the Manchester Arena who came to see their favourite singer saw sights that children of that age should never have to see. I also want to pay tribute to all the brave women and men of the emergency services, who often run into danger and step forward in dreadful times. We should not forget the NHS workers—together with support from Porton Down—who were confronted with circumstances that they could never have dreamed of, but who saved the lives of Sergei and Yulia Skripal.

I turn to the Bill before us. Let me begin by saying that I agreed with the Home Secretary when he said recently that there is no binary choice between security and liberty. What makes us free is often what makes us safe. It is certainly what makes ours a country and a way of life worth serving and defending. I am not saying that just as a member of Her Majesty’s Opposition—I fought infringements of our civil liberties, together with some of his Cabinet colleagues, when a Labour Government tried to introduce them, notably ID cards and 90 days’ detention without trial. I defend civil liberties without fear or favour.

The question that arises is whether the Bill is necessary, appropriate and proportionate. Although we support the Bill overall, a careful examination will show that it does not necessarily meet all those criteria. That is why we will seek to amend clauses of the Bill in Committee.

The Home Secretary will be aware that the Home Affairs Committee said in 2001:

“This country has more anti-terrorist legislation on its statute books than almost any other developed democracy.”

In 2008, Lord Lloyd of Berwick told the other place:

“No other country in the world…has had anything like the same plethora of”

anti-terrorism

“legislation that we have had.”—[Official Report, House of Lords, 8 July 2008; Vol. 703, c. 700.]

More recently, Max Hill QC, the independent reviewer of terrorism legislation, said last year that Britain

“has the laws we need. We should review them and ensure they ensure remain fit for purpose, but we should have faith in our legal structures, rather than trying to create some kind of new situation where the ordinary rules are thrown out.”

To the extent that the Bill does not throw out the ordinary rules, it has our broad support.

Finally in relation to expert opinion, I turn to the review by Dave Anderson, QC, of the terrorist incidents last year in Manchester and London. He made a series of recommendations, ranging from multi-agency working to greater intelligence sharing and more consistent handling of intelligence, but there was not a single recommendation of new laws or powers.

Nevertheless, we have the Bill before us, and the Opposition broadly support it. I will now set out our reservations. First, it will update offences in a way that will potentially criminalise information seeking, playing of videos and expressions of opinion. In relation to the playing of videos, the Home Secretary will have heard the opinion of my right hon. Friend the Member for North Durham (Mr Jones) about three clicks being a significant number. We will seek to clarify the point in Committee.

On the question of expressing opinion, the Home Office says in its note on the Bill that it is

“not making it unlawful to hold a private view in support of a terrorist organisation”.

The Home Office also says:

“Operational experience has shown that there is a gap around individuals who make statements expressing their own support for terrorist organisations...but who stop short of expressly inviting others to do so”.

The Home Secretary will expect that we will press that point in Committee, because we would say that gap between having an opinion and inciting others to unlawful acts is not an anomaly but an important principle in protecting freedom of speech. We are in danger in the Bill of confusing bad thoughts with bad deeds. We hope to clarify this issue as the Bill makes progress.

Another concern about the Bill is the extent to which it allows the retention of biometric data on anyone arrested, including DNA and fingerprints, even if they are mistakenly or even unlawfully arrested. There are already abuses of the national police database, which the Government have failed to correct. The state has no business keeping records on people who are not criminals. It is an essential part of our liberty that we can go about our day-to-day lives unhindered by state agencies. That is not the case if the state can retain data on all of us. It is an even greater breach of our civil liberties if the retention is done without our knowledge.

A further concern about the Bill is what it has to say about the Prevent strategy. It proposes extending the Prevent strategy by allowing local authorities, as well as the police, to refer people to the Prevent programme. Let me be clear that there will always be a need for a programme that does what Prevent purports to do. I have met Commissioner Neil Basu and other Metropolitan police leads on Prevent, and I visited Prevent-funded programmes in Birmingham and elsewhere. I have no doubt that there is some good work being done in the name of Prevent, but Prevent as a whole is a tainted brand, particularly among sections of the Muslim community. From a recent study by the Behavioural Insights Team, commissioned by the Home Office itself, we also know that more than 95% of deradicalisation programmes are ineffective. I suggest that those two facts—that Prevent is a tainted brand and that so many of the deradicalisation programmes are ineffective—are not unrelated.

Labour is committed to a thorough review of the Prevent programme, which we believe is currently not fit for purpose. In the interests of transparency and accurate evidence-based policy making, I call on the Home Secretary today to publish the research by the Behavioural Insights Team, which has been so widely reported and seems to run counter to the claims made for the success of these programmes.

[Mr John Hayes (South Holland and The Deepings) (Con)]

I did not intend to intervene—I will speak at length later—but is the right hon. Lady aware that about 75% of people referred to Prevent are, having been through the programme, of no further interest to the police or security services? That sounds like success to me.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Just to advise Members who may want to speak at length later, they will have up to 15 minutes and no more.

[Ms Abbott]

I have visited Prevent programmes and I am aware that good work is being done, but the figure that 95% of deradicalisation programmes are not effective should not be put to one side. We have to address it and we have to address whether there is any connection at all with the fact that Prevent is a tainted brand among the members of some communities.

[Vernon Coaker (Gedling) (Lab)]

My right hon. Friend is making a fair point. I think we need some sort of Prevent strategy, so I accept the need to review it. Does the fact that over 6,000 individuals were referred through the Prevent strategy, over half of whom were under 20, show how careful we need to be in pursuing this policy, even if it is the right policy for the Government to have?

[Ms Abbott]

I accept the need for a programme that does what Prevent purports to do, but there is a danger. If we do not review the activities of Prevent, it may prove counterproductive in the very communities we want to work with. As for the question of local authorities becoming referral agents, at least the police have had some training in this matter, whatever we think of the programme, but local authorities have no expertise in counter-terrorism. The danger is that pointless referrals and what seems, I am afraid, to be useless deradicalisation counselling will snowball.

[Simon Hoare]

I am listening carefully to the right hon. Lady. Just to clarify, is she saying that she would review the Prevent strategy, or, given the data or allegations she has repeated—from, I think she said, a lawyer—that she would press the pause button on Prevent, stop it and invent something else? If it is the latter, what is the something else? I think that goes straight to the point made by the hon. Member for Gedling (Vernon Coaker).

[Ms Abbott]

I said quite clearly that we would seek to review it. We could not at this point press the pause button, but the data we have about the effectiveness of deradicalisation programmes and what we know about how Prevent is regarded in some parts of the community means that we would want to review it.

One of the most worrying aspects of the Bill is the creation of powers of detention, interrogation, search or seizure without any suspicion whatever of crime, but simply while people are crossing borders. That is to treat anyone, British citizen or not, as a potential terrorist simply in the act of crossing the border. Such powers should be granted only with due care. All inhibitions on the rights of the citizen by the state must be based on evidence or reasonable grounds for suspicion. They must be subject to challenge—[Interruption.] I hope the House will allow me to conclude my remarks. If suspicion-free detention, interrogation and search is allowed, then it cannot be challenged. If there is no basis for challenge, there is likely to be no basis for detention. How does that accord with the Government’s claim to be building a new, global Britain?

[Sir Geoffrey Clifton-Brown]

The director general of MI5, Andrew Parker, said in a speech in October last year that the ongoing terrorist threat was operating at a scale and pace we have not seen before. Does the right hon. Lady’s party support the Bill in principle or not?

[Ms Abbott]

I think I have said three times that we broadly support the Bill in principle, but we are Her Majesty’s Opposition and we are entitled to set out our reservations on Second Reading.

There is much in the Bill about increasing sentences for terrorism-related activity. I say seriously to the Home Secretary that he also needs to look at what more could be done to guard against radicalisation in prison. A certain amount has been done in trying to separate imams and so on from other prisoners, but the fact is that too many young men not of a Muslim background get caught up in extremist ideology while behind bars. We cannot continue to have a situation where people emerge from prison more radicalised than when they went in.

[Alex Chalk (Cheltenham) (Con)]

On that point, does the right hon. Lady agree that we should be concerned by reports that emerged from Belgium that the suspect in the appalling and brutal murder of two police officers was a small-time crook who, it appears, had been radicalised in custody? Does she therefore agree that she should support all the Government’s excellent efforts to try to deal with this important issue?

[Ms Abbott]

I think Members are seeking to have me say what they want me to say and are not listening to my speech. What I am saying is that it is all well and good to put more people in prison for longer, but there is more we could do about radicalisation in prison. It is shocking to me to see young men, who had no connection with Islam before going into prison, coming out of prison as Islamic radicals. We can do something about that, because while they are in prison they are in the hands of the state. I think there is more that can be done.

In Dave Anderson’s review, he called for greater collaboration between the counter-terrorism police, MI5 and neighbourhood police, but—I make no apologies for repeating this—the Government have cut police numbers by 21,000. In practice, their cuts have undermined Dave Anderson’s recommendations. We cannot have greater collaboration between counter-terrorism and neighbourhood police if the numbers of neighbourhood police are being cut. The Metropolitan Police Commissioner Cressida Dick has said that coping with counter-terrorism is putting an unsustainable strain on the police. The head of the National Police Chiefs’ Council, Sara Thornton, said:

“Fewer officers and Police Community Support Officers will cut off the intelligence that is so crucial to preventing attacks.”

New laws, whatever their merits, are no substitute for effective policing, and not just counter-terrorism policing. Ministers will tell us how much more they are spending on counter-terrorism, but almost as important as actual counter-terrorism officers is ordinary neighbourhood policing, which is our frontline against terrorism. Laws, whatever their merit, become a dead letter without enough police officers.

[Stephen Doughty]

I completely agree with my right hon. Friend on that point. We are very lucky in Wales that, thanks to the investment from the Welsh Labour Government, we still have substantial numbers of police community support officers on our streets. They play a crucial role. All the police officers I talk to, including senior police officers, tell me about the real pressures and strains they face, and the impact of the lack of community policing on the frontline in the fight against terrorism.

[Ms Abbott]

I agree with my hon. Friend. That is what we are hearing from police leaders all the time. They want to do their very best against terrorism, but the cuts to the number of officers puts them under a great deal of strain.

Broadly, and in principle, we support the Bill. As the Home Secretary would expect, we will give it particularly careful scrutiny in Committee. We hope it will come out of Committee a better Bill. The safety of the nation depends on it.

[Several hon. Members rose—]