Terrorism Prevention and Investigation Measures

Edward Leigh Excerpts

Tuesday 21st January 2014 Commons Chamber

[Sir Edward Leigh (Gainsborough) (Con)]

I broadly support what the Home Secretary is trying to achieve on TPIMs. As far as the public outside will be concerned, the debate has been rather skewed, because for most of it a Conservative Home Secretary has been attacked by the Labour party on a civil liberties issue. The House should not indulge in party political attacks but should reflect what our constituents want, which is to feel that they are safe. They want our Home Secretary to do whatever is necessary for that.

Before I deal with the issue of whether TPIMs or control orders are right, I point out that as far as most Back Benchers and most members of the public are concerned, TPIMs are simply control orders-lite. There is not a huge difference between them. I will deal with the issue of relocation in a moment, but first I wish to support both the Labour Government and the current Conservative Government in having such orders at all, because they are under attack from the civil liberties lobby. If there is a choice for me, as a father, between my daughters being blown up on a London tube, or our constituents being attacked by people who detest everything we stand for and all our liberal values, and there being some minor infringement of those people’s civil liberties, I know what choice I will make. I suspect that 90% of the population would make the same choice.

It is said that such orders are a gross infringement of civil liberties. I am on record as being an advocate of our jury system, I have never wanted to give the police extra powers and I recognise all the ancient arguments for our civil liberties. However, given the danger that some people pose and the views that they hold, what is the gross infringement on their civil liberties that we are talking about? Overnight residence measures; electronic tagging; restrictions on communication or association; exclusion from particular places; overseas travel bans; restrictions on bank accounts; restrictions on the transfer of property; limitations on the possession and use of electronic communication devices; work or studies measures that require permission to be obtained for specific activities or notice to be given prior to any work or studies being carried out; measures requiring regular reporting to a police station; and measures requiring the individual to allow himself to be photographed. Are those grotesque violations of those people’s civil liberties? No.

[Dr Huppert]

Yes.

[Sir Edward Leigh]

The hon. Gentleman is living in a dream world. Does he appreciate what these people are trying to do? Does he understand the level of danger they pose?

[Mark Reckless (Rochester and Strood) (Con)]

Surely what is important is that those individuals are being deprived of those liberties without due process, a trial and conviction, on the basis solely of suspicion, albeit in many cases potentially justified suspicion.

[Sir Edward Leigh]

We know that there is some evidence, such as intercept evidence, that is difficult for the Home Secretary to bring to trial. Surely we must have some faith in our Home Secretary. Surely we respect her and the instruments of justice as having the public interest at heart. They are in no way inclined to restrict anybody’s civil liberties unless there is good reason.

[Dr Huppert]

Would the hon. Gentleman like to explain how his list is not a major problem to somebody like Cerie Bullivant? He was on a control order that was scrapped by the courts because there was simply no evidence, and he was found not guilty when there was a criminal trial. How would the hon. Gentleman explain to him that the two years he spent under that control order was not an infringement of his basic rights?

--- Later in debate ---

[Sir Edward Leigh]

This is not actually the moment; the Government have moved on from control orders, but that is another issue. I would say that if there has been a trial and that person has been found not guilty, fair enough. There may, however, be reasonable suspicion that somebody poses a real danger to the public. This whole debate has been skewed because the Labour party has attacked the Government from the right, but I am more interested in what the public think. When the public look at the appalling outrages that have taken place, and when they consider the plots to blow up hundreds of innocent people for no reason at all, I do not think that most of them think that the sorts of measures that the Labour Government brought in, and that our Government are enforcing, are such a dramatic infringement on our traditional way of life. In that sense I support the former Labour Government; I think they had to act as they wanted, although we know there was a problem with the courts.

It does not seem to me that TPIMs are so very different from what we had before. They are instigated by the Home Secretary with the permission of the High Court, and they are granted on the basis of a reasonable belief in the subject’s involvement in terrorism—that all sounds quite sensible. That is, I agree, a higher threshold than the one for control orders, which required “reasonable suspicion”, but as far as the public are concerned, is there a great deal of difference between the “reasonable suspicion” that was required under the former Labour Government, or a reasonable belief in the subject’s involvement in terrorism? I do not think so; that is not a great difference between control orders and TPIMs. The Home Office memorandum on the Terrorism Prevention and Investigation Measures Act 2011 states that the Home Secretary must reasonably—again, “reasonably”, and all this is subject to judicial review—consider

“that it is necessary, for purposes connected with protecting members of the public”.

Let us always focus on members of the public. That is what we are here for, not to debate party political issues. I wish those on our two Front Benches could get together on this issue; it is a matter of national security.

[Yvette Cooper]

indicated assent.

[Sir Edward Leigh]

I am sure that on a Privy Counsellor basis, the Home Secretary would be happy to brief the right hon. Lady. I am speaking as a Back Bencher, but it seems that when the public are concerned, and when there are people who hold such dangerous views, it is not unreasonable for us as members of the public to ask our two parties of state to work together on this.

The memorandum says that the Home Secretary must reasonably consider

“that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism,”

and with preventing or restricting the individual’s involvement in terrorism-related activity,

“for TPIMs to be imposed on an individual.”

That is not unreasonable.

There are two points to consider and I understand the attack from the Labour party. I also understand that the High Court had a problem with relocation, but I would have thought we could find a way through that. If relocation was absolutely necessary from the point of view of protecting the public, I do not think it unreasonable —I have been listening to the shadow Home Secretary—for there to be some requirement for relocation.

[Dr Julian Lewis (New Forest East) (Con)]

Will my hon. Friend give way?

[Sir Edward Leigh]

I hope my hon. Friend does not mind, but I must finish in a few seconds. I will end with this point, although I would like to be able to give way.

We have a right to know that these six people are now safe to be released on the streets. That is a reasonable question. The Home Secretary’s reasonable point of view is that there must be some new evidence that they continue to be a threat to the public, and we cannot keep someone under a control order for ever on the basis of information that is two years old. I think that is her point of view, and that is how TPIMs differ from control orders. From a rational and objective point of view, that is not an unreasonable stance.

When the Minister sums up the debate, without going into operational details, I would like him to seek, as best he can, to reassure the House that those people have behaved themselves over the past two years, that there is no evidence of new involvement in terrorism, and that in his view, they will not be a threat to society. That would be entirely proper for the Minister to do. Surely all the public want is reassurance that they and their children are safe, and it is the job of us in this Parliament to ensure that those children are safe.