Prevention and Suppression of Terrorism

Dominic Raab Excerpts

Wednesday 2nd March 2011 Commons Chamber

[Mr Dominic Raab (Esher and Walton) (Con)]

It is a privilege to speak in the debate and to follow the hon. Member for South Antrim (Dr McCrea). I welcome the outcome of the counter-terrorism review. Ministers have been decisive in scaling back some of the more draconian aspects of the previous Government’s authoritarian legislation, such as pre-charge detention and stop-and-search powers, and by tightening regulations in relation to surveillance.

The contentious debate that we are having on control orders should not obscure this welcome sea change in the overall approach. The tide is turning, and I commend the Minister for helping to bring about that change. Likewise, I recognise that Ministers are committed to substantial reform of the control order regime. The new powers will be significantly less offensive to basic principles of British justice than what we have now, but each half-step in the right direction raises the question of why we are not scrapping them altogether.

Under the regime that we are reviewing, the Home Secretary must have “reasonable grounds to suspect” an individual’s involvement in terrorist-related activity before imposing a control order. Now the threshold will be raised to “reasonable belief”. No one can deny that that is progress, but it still allows the equivalent of a criminal penalty to be imposed without a criminal conviction. There is no getting around that. It undermines the most basic principle of our justice system: innocent until proven guilty.

The two-year limit is a welcome recognition that a person not convicted of a crime should not be subject to intrusive restrictions indefinitely, but the orders are renewable, or they will be, which in the same breath undermines this element of the reforms. The fact that under the new system an order can be renewed if someone is engaged in further, different, terrorist activity while subject to its restrictions speaks volumes about the frailty of control orders as a means of public protection. I recognise that curfews are an improvement of sorts on virtual house arrest, a feature of the current regime, but as Lord Macdonald said in his report, curfews are still “disproportionate, unnecessary and objectionable”.

Control orders are an affront to British liberty and justice, but—I make this point to the hon. Member for South Antrim—their relevance as a security measure for dealing with a threat on which we all agree is at best minimal. My hon. Friend the Member for Newark (Patrick Mercer) put it more eloquently. There are eight control orders in force. On the best numeric assessment, there are 4,000 terrorist suspects in this country. Use of the orders against that rising threat has halved. Overall, 15% have absconded. Between 2006 and 2009, £16 million was spent on the regime. That is without factoring in court costs or policing.

The new regime is intended to strengthen the duty to consider prosecuting controlees, but Lord Macdonald pointed out clearly and categorically that control orders are not just a poor substitute, but make prosecution more difficult. He said that the regime is

“an impediment to prosecution… controls may be imposed that precisely prevent those very activities that are apt to result in the discovery of evidence fit for prosecution, conviction and imprisonment”.

With that in mind, the House should note that the number of terrorists convicted in the past three years has not just fallen, but plummeted. The number of convictions has fallen off a cliff edge—90% in three years, according to the October statistics. Control orders cannot reverse that trend. As Lord Macdonald said, they just get in the way.

What is being done to address this pretty fundamental failing in the counter-terrorism strategy that the coalition Government, to be fair, have inherited? What is being done on plea bargaining, prosecutorial policy and intercept evidence? The Home Secretary has indicated that the review on lifting the ban on intercept will continue. Both Lord Macdonald and the current Director of Public Prosecutions, Keir Starmer, support lifting the ban. They say that it can be made to work effectively, as in virtually every other country in the world. However, Liberty has described the Government’s efforts—I think it is a reference to official efforts—to grasp this important reform as “lethargic”. Prosecution is vital. It is not some quaint commitment to legal tradition. In relation to the home-grown threat, suspects cannot be deported, so prosecution and incarceration is the only way to protect the public.

[Mr Dodds]

I am very interested in what the hon. Gentleman is saying and his emphasis on prosecution and incarceration. He will remember that his party and the Labour party, and indeed the House, voted to release terrorist prisoners who had been duly prosecuted and imprisoned for lengthy periods of time. It was decided that they should be let out, free from the severe punishment that had been meted out to them. That was a decision of this House. Does he now regret the decision to take that course of action, given what he has said about prosecution?

[Mr Raab]

The right hon. Gentleman makes a valid point. In fairness, that was in the context of an overall conflict resolution settlement. I was not a Member of the House at the time, but I pay deference to an important and valid point.

[Richard Fuller]

On my hon. Friend’s point about the critical importance of prosecution, is he aware that many of the conditions that apply to control orders also apply to immigration bail conditions: relocation, restriction on communication and tagging, all without any charge and imposed indefinitely? Does he agree that it will be an omission if those restrictions in the conditions are not also considered for change in the review?

[Mr Raab]

My hon. Friend makes a valid point and is absolutely right that those restrictions should be considered.

My hon. Friend the Member for Newark made an important point about the significance of measures that we consider in this House. The political heat that the debate on control orders has generated over a number of years bears scant resemblance to their relevance as a security measure. In fact, that distracts us from grappling with a growing prosecutorial deficit, which in my view is one of the major problems we face.

There are other vital reforms that we should be grappling with but are not because of the political lightning rod of control orders. Most notably in my view, we should be reforming the Human Rights Act 1998 so that we can deport criminals and terrorist suspects more readily. I want to be clear that we would not necessarily deport them to face torture—I do not support that—but there has been an expansion in article 8 cases, which prevents deportation when it might disrupt family life; I currently have a constituency case dealing with that. That is a bridge too far and a result of judicial legislation. Some changes to the Human Rights Act would restore some balance in that respect.

The increasing fetters on deportation mean that we are importing risk, which is one reason why the previous Government resorted to so much authoritarian legislation in the first place. In deference to this Government, I welcome the fact that they are expediting the review on the Human Rights Act and the case for a Bill of Rights. That is an important piece of work and it should not end up in the long grass.

I support the Minister in his efforts, but I struggle to see the case for keeping alive this broken control order regime to limp on indefinitely when there is so much else that we can and should be doing to deport and prosecute those who threaten our country with terrorism.