Counter-Terrorism and Border Security Bill

Earl of Sandwich Excerpts

Report: 1st sitting: House of Lords
Monday 3rd December 2018 Lords Chamber

[Baroness Hamwee]

My Lords, we also have Amendments 13, 14 and 17 in this group as amendments to the government amendment. We welcome the indicative non-exclusive list that the Minister has put before your Lordships. At the last stage the noble and learned Lord, Lord Judge, made the point that we should not rely on guidance or some other executive action in this connection, and that must be right. However, we must also be confident in the list. The more examples are given, the less easy it may be to argue for additions which are not spelled out. I was going to refer to the array of lawyers opposite me, but their numbers have been reduced by half in the last few minutes. Nevertheless, I am sure they can tell me whether I am wrong to be worrying about the sui generis rule, because I am.

The Government’s amendment refers to,

“internationally recognised principles and standards”.

Will the Minister give an explanation or example of those? Alternatively, what might contravene that criterion—in other words, not meet the standard? Humanitarian aid is referred to. Peacebuilding was talked about in Committee. We are not confident that humanitarian work includes peacebuilding and would like an assurance or acceptance of our amendment on that. Humanitarian work probably covers development and cultural purposes, which were also referred to during the last stage. Will the Minister comment on that?

We have added “for connected purposes”, which is a little wider than “in connection with”, which is limited to the stated purposes—we would be adding a purpose. It is appropriate to mention concerns expressed before these amendments were tabled, not just about the “reasonable excuse” defence which the House has been debating. There are also concerns on the part of banks and other companies which provide services to organisations which provide aid, such as insurance—I am amazed that insurance might be available in some of these connections—and travel companies. Apparently they are concerned that the measure will exacerbate the diminishing of their appetite to support humanitarian activity, due to the increased legal ambiguity around travel to designated areas. They are also concerned about a possible chilling effect on humanitarian aid surrounding those areas. The list which the Government propose includes visiting a terminally ill relative. It is not always clear when an illness is terminal. In this context, it might be particularly difficult to get medical support for that proposition. We suggest adding “very seriously ill”, as a matter of common sense.

Amendment 14 was an excess of zeal on my part. I shall not be pursuing it, as I realise that the point is already there. On Amendment 17, the House has heard the assurances about the designations being kept under review. We welcome the sunset provision in Amendment 18 and support Amendment 19, which would shorten it. However, this does not mean that reporting to Parliament is not necessary. The noble Earl has just referred to a “meaningful and ongoing review”, but we must be aware that when a finite period is referred to there comes a temptation to address the point thoroughly only every three or two years, depending on that period. The proposal to report formally to Parliament is a matter of transparency and accountability. I hesitate to say so, but it might give the independent reviewer something to bite on. That amendment is certainly not a backstop.

[The Earl of Sandwich (CB)]

My Lords, I offer my support for Amendment 15. I will speak on behalf of humanitarian aid workers following the remarks made by the noble Lord, Lord Judd, and I do so because it seems to me profoundly wrong that aid workers should potentially come under suspicion and be bracketed with potential criminals simply because they are travelling to and from a sensitive area. Of course, I realise that the Government understand in principle they are not in that category, so they have put down their own amendment with an indicative list, which the JCHR acknowledges is a step forward. Nevertheless, the Bill still potentially subjects aid workers and journalists to every sort of interference, which can only mean that aid will inevitably be held up and that people living in distressed conditions will suffer more. If aid workers in government programmes, including those of Governments in the designated areas, are protected, why on earth should non-governmental organisations and their beneficiaries suffer? What is the logic of that?

This clause has to be amended. Imagine what would happen in a country like the DRC today if people monitoring the Ebola virus had to consider the prospect of being arrested for having dealings with the Mai Mai or the Interahamwe militia. The noble Lord, Lord Judd, and the noble Baroness, Lady Hamwee, have already mentioned peacebuilding, which often involves the Red Cross and the Churches. What would be the climate of suspicion surrounding not only them but the whole aid programme? The noble Lord, Lord Paddick, quite rightly mentioned the “deterrent effect”.

I speak with feeling, having worked with several aid agencies over the years, and knowing the conditions in which they already have to work. No wonder that 21 organisations are protesting. These are in many cases the front line of our aid programme, whether they work with government or not. I will repeat two sentences of what they said in a signed letter:

“Unless urgently amended, the bill … will make it impossible for civil society organisations to deliver much needed humanitarian, development and peacebuilding support to people desperately in need … it is vital that the government and peers amend the bill so that it exempts aid workers and others with a legitimate reason to travel to designated areas”.


Let us not forget the cost of this exercise. We do not of course know the parameters of the designated regions, but we know that, for obvious reasons, many aid workers tend to be in sensitive areas of the world, so the overlap between political sensitivity and humanitarian commitment will be vast.

The noble Earl mentioned the possibility of the terrorist who intends to assume the disguise of an aid worker and become a wolf in sheep’s clothing. Obviously, that is quite different; he or she must be stopped on the grounds laid down in the Bill, and will not ultimately pass the test of reasonable excuse. I realise the difficulty the Government are in here, having to act on behalf of society. But it is quite irresponsible to risk the professional lives of all aid workers leaving those areas, with all the consequences for the programmes concerned, as a means towards that end.

[Earl Attlee]

My Lords, I am grateful to the Minister for these amendments, and in particular for his response to my amendments moved in Committee on journalism. When we are trying to convince people like President Erdoğan of Turkey not to persecute his journalists, it would be a complete disaster if we accidentally arrested a legitimate journalist in the UK.

I have worked overseas on international aid—in theatres unlikely to have been designated—but I think the noble Earl, Lord Sandwich, has slightly misinterpreted the Minister’s amendment. New Clause 3B(a) excludes providing aid “of a humanitarian nature”, so his concerns are absolutely met by the Minister. I believe the Minister has the balance right, both in principle and in the drafting of his amendment.