Counter-Terrorism and Border Security Bill

Gavin Robinson Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 11th September 2018 Commons Chamber

[Mr Wallace]

As ever, my hon. Friend makes an articulate and knowledgeable point. My disagreement is that, no matter how it may take allegiance, I do not recognise ISIS to be a state. It is a non-state. It is a fabrication of pretty awful people. We should not give it credibility: just because some poor, weak, often exploited people, but also some pretty nasty people, have sworn allegiance to it, it does not make them part of a state. It is one thing for someone to renounce citizenship and say, “I am now going to be a citizen of country X,” but Islamic State is a fiction of many people’s imagination, as we have seen. It is in rapid decline.

I would like to push on to amendment 1, the flag seizure power, which would confer on the police a power to seize flags or other articles associated with a proscribed organisation. Under section 13 of the Terrorism Act 2000, it is an offence for a person to wear, carry or display an item of clothing or other article in such a way as to arouse reasonable suspicion that they are a member or supporter of a proscribed organisation. By conferring on the police the power to seize such articles, we will ensure that they and the Crown Prosecution Service have the best evidence to pursue a prosecution under section 13.

Of course, the police already have the powers to seize evidence following an arrest, but in the context of policing a march or demonstration, arresting an individual may not always be an option if the tests for making an arrests are not satisfied. Even if arrest is an option, it may not be an appropriate policing response at that time. Obviously, the decision would be at the discretion of the police. In such cases, if the police wish to take action against a person displaying such a flag, then instead of arresting the individual, the officer may choose to report the person for summons on suspicion of committing an offence under section 13 of the Terrorism Act. This new power would enable the officer in these circumstances to seize items such as flags that are reasonably in evidence under the section 13 offence without there having been an arrest, provided that the officer is satisfied that it is necessary to seize such items to prevent the evidence being concealed, lost, altered or destroyed. By preventing the loss and destruction of such items and articles, this approach will better support investigations and prosecutions by providing more evidence to help take forward prosecutions.

[Gavin Robinson (Belfast East) (DUP)]

The Minister will know that there are particular issues around flags and their association with proscribed organisations in Northern Ireland. Will he outline for our benefit what engagement he has had with the Police Service of Northern Ireland, or indeed with the Public Prosecution Service in Northern Ireland, around this clause, the associated difficulties in pursuing such prosecutions and the ancillary arguments that are made that a modern-day flag associated with a proscribed organisation actually has roots in the legitimate historical associate group?

[Mr Wallace]

I know that throughout the passage of the Bill we spent days with the PSNI. On the point about the DPP, I will make sure that the hon. Gentleman gets an exact answer on that from officials. As he will know, I have first-hand experience of what can go wrong and of the consequences of trying to take a flag or something from a proscribed organisation. Certainly, taking away a flag in certain parts of Northern Ireland has, in the past, acted as an instant lightning rod for a riot or a breakdown in civil order, and there were definitely better methods that could be used to police a parade. There is also an obligation on the police to make sure that policing is done in a way that allows a legitimate march to go ahead, but that does not provoke a public order disaster. That is why police discretion is important.

I understand the point that the hon. Gentleman is trying to get at, which is that, in Northern Ireland, the matter is not straightforward. A flag does not have pure terrorist content. Different parts of the community will interpret other people’s flags. There is also a historical basis in organisations having a flag which links to the first world war. Things are not as straightforward as people think. I have been very cautious in introducing this amendment to make sure that my experience—and, obviously, the hon. Gentleman has greater experience—of Northern Ireland is not forgotten. I do not want to see flag protests becoming more and more polarised than they were in the past. I will happily get back to the hon. Gentleman in relation to the DPP in Northern Ireland.

I turn now to Government amendments 2 to 4 to clause 3, which close a widely recognised gap in the law with regard to the viewing of terrorist material online. Following the helpful debate in Committee and considerable discussions with the Labour party and its Front-Bench Members, I took the decision that it was best to drop the concept of the three clicks. Throughout the passage of this Bill, I have been open to suggestions from all parts of the House. I agreed completely that, first, the three clicks would not survive the test of time and that, secondly, we would not end up with good law or achieve our aim. I undertook to see how we could improve on this, and I listened to the hon. Member for Torfaen (Nick Thomas-Symonds). I am 48—just about a kid of the ’80s—so I remember the Spectrum and the ZX81, but I think it is best that legislation in the digital age looks like us, sounds like us and is not written by people who probably switch on a computer once a year.

Instead of splitting hairs about clicks and everything else, we came to the view that it was right in principle for the Government to update legislation for the digital age with provisions on the collection or recording of information that is likely to be useful to terrorists. The provision applies consistently to information that is accessed online, rather than as under the current measure, which only covers information that is downloaded. When the previous legislation was written regarding downloading content or taking copies, broadband was very slow—if it existed at all—so the only way people could watch content was by downloading it first. Now with superfast or fast broadband, people are streaming everything. This creates a loophole that can be exploited and that we have to close.

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[Dr Johnson]

I agree absolutely.

[Gavin Robinson]

rose—

[Dr Johnson]

I give way to the hon. Gentleman.

[Gavin Robinson]

I am happy for the hon. Lady to expand on her point before she gives way—I hope—again.

[Dr Johnson]

The hon. Gentleman looked so keen to get to his feet.

It is absolutely right that we tackle the threat to our country by co-operating with our international friends and neighbours, and those neighbours will of course include the EU. Furthermore, it will not matter that we have left the EU because it will be in our mutual interest to co-operate on security.

[Gavin Robinson]

I am grateful to the hon. Lady for continually giving way as it allows us to develop some of the points.

This power already exists. Our authorities have the ability to stop people at our borders and airports who are suspected—or not even suspected—of terrorist offences. We discussed on Second Reading—and I engaged with the Minister subsequently on this point—how Border Force often uses the power erroneously against British citizens travelling from Belfast to Birmingham, for example, or from Glasgow down to Birmingham or London, and so on. It is not appropriate. I hope in this debate to get a sense that there will be some restrictions on a power that is worth while and useful from a terrorist prevention perspective, but which is being used improperly and erroneously.

[Dr Johnson]

I thank the hon. Gentleman for his question, although it is one for the Minister, rather than me. I would certainly expect the authorities to use the power proportionately and where necessary to keep people safe, not to stop and question people at the border without reasonable grounds.

Several hon. Members have raised the reasonable excuse issue in respect of people returning to this country. People who have been to a declared area will have the reasonable excuse defence. So people will be able to travel to these areas for legitimate purposes—for example, for journalism or to visit family for a funeral or some such important bereavement event. It will also be allowed for people delivering aid, and obviously for the armed forces. The Government have worked to ensure that these declared areas provisions meet the important test of protecting our citizens and are both proportionate and effective.

Offensive Weapons Bill

Gavin Robinson Excerpts

2nd reading: House of Commons & Money resolution: House of Commons
Wednesday 27th June 2018 Commons Chamber

[Kwasi Kwarteng (Spelthorne) (Con)]

I am delighted to speak in this debate, and, like a number of people, I have had the honour and privilege to sit through the vast proportion of it. The debate has been well conducted, with a lot of speeches touching on a number of important issues.

The issue of knife crime and murder in our capital city of London is highly relevant to the Bill. Let no one pretend that what is happening in London has not directly influenced the Government in their desire to see some form of legislation on this particular issue. The situation in the capital is, frankly, scandalous.

When my hon. Friend the Member for North West Hampshire (Kit Malthouse) was Deputy Mayor in charge of policing, the crime rates were significantly lower than they are today. That was because of policy and political leadership. It is entirely legitimate to suggest that the kind of leadership that London had at that time no longer exists. It would be invidious, I fully agree, to blame the current Mayor of London entirely for the situation in the capital. I am not saying that it is all his fault, but he does bear some responsibility for it.

It is no accident that, given the increase in knife crime and the increase in fatalities here in London—in our capital—the Government have introduced the Bill. Those two events, I would suggest, are related. It is therefore entirely appropriate for Members who represent London seats—my seat is just outside London, but many of the issues in London pertain to the bit of Surrey that I represent—to address and focus their remarks on the situation here in London.

The Bill has many excellent provisions. Surely the laws against selling dangerous acid to youngsters—to children, in many instances—are well overdue and will be well received across the House. There are issues relating to knives. My hon. Friend the Member for Walsall North (Eddie Hughes) said that he thought it extraordinary that so-called zombie knives had not been banned a long time ago. He was quite right to suggest that the manufacturers of these knives—and their designers, if one can call them that—clearly fully expected that the knives would be used not only to commit grievous, violent crimes, but to threaten and intimidate. There seems to be no other reason that such knives should have been manufactured. Not even for ornamental reasons would the case be a strong one.

Some provisions in the Bill have rightly caused a measure of concern among Conservative Members. The proposed ban on .5 calibre guns seems a little excessive because, as many Members have pointed out, these guns have never been used, as far as we know, in the commission of violent crimes. Banning them therefore seems wholly disproportionate to the threat that they actually pose to members of the public. As has been observed many times in this debate, people who possess these weapons are vetted. They have gone through a measure of screening. They are people who are law-abiding. They pursue their interest in arms in clubs. They practise their activities in highly regulated and very safe conditions.

[Gavin Robinson (Belfast East) (DUP)]

The hon. Gentleman is entirely right. As he knows, the Bill has been drafted in such a way as to refer not to .5 calibre rounds, but to 13,600 joules of energy. The reason for doing that is to include other weapons, including .357 Lapua Magnum rifles, but that cannot account for the people who use home loads and lower the velocity of the round. The Bill is about whether the rifle is capable of firing it. People do use home loads, and they lower the capacity, the velocity and energy. The Bill does not account for that at all.

[Kwasi Kwarteng]

As I suggested, there is a social context that gave birth to the Bill—a huge increase in violent crime and fatalities in London. The two things, as I said, are related. If the Government are trying to address the issue of knife crime and fatalities in our capital, it is beyond my imagination to understand why .5 calibre guns should be banned as proposed in the Bill.

I am delighted that the Secretary of State has openly and generously offered to meet MPs and other people for a wider consultation on the details in the Bill.

--- Later in debate ---

[Gavin Robinson (Belfast East) (DUP)]

It is a pleasure to follow the hon. Member for Chelmsford (Vicky Ford).

I have had the opportunity to listen to the majority of contributions to the debate, but I would like to start my contribution by paying tribute to the Minister. She has gone out of her way—I have heard other Members refer to this as well—to go through the content of the Bill in detail, and to listen thoughtfully, productively and passionately to the arguments put forward. She knows that most of our arguments with the Bill focus on the firearms aspects, but I shall speak about the whole Bill in its current form.

My hon. and gallant Friend the Member for Beckenham (Bob Stewart) made a comment about not understanding why anyone would need to buy acid if they were not a scientist. I can only assume that he can afford a very good cleaner who has to procure and use such acids in his own home. There are many legitimate reasons why individuals might wish to buy acid—I am delighted for him that he does not have to go through the trials and tribulations of normal life like the rest of us—whether in a domestic setting, or for agricultural use. In industry, hydrochloride is regularly used for cleaning.

There are legitimate reasons for buying acid, but there have been incredibly harmful and distressing illegitimate uses of acid for personal attacks, and some for personal defence. They horrify us. We have seen the news stories and the ramifications. We have seen the efforts of countless passers-by and members of society who come along with bottles of water to try to clear acid from a victim’s eyes and skin. It is obnoxious that anyone would seek to use domestic acids for such a cruel purpose.

It is right that we as a Parliament decide that enough is enough and take steps to frustrate the purchase and illegal use of acid. This does not mean that acid will not be available if somebody really wants to get their hands on it, but the Bill will empower the police, giving them the powers to stop people having it who should not have it in a public place. That is the right step to take.

The Minister also knows that we raised some practical points relating to proposals on postage and delivery for the online purchase of blades. This issue is important, because if we look at Parliament’s consideration of online sales and its scrutiny through Select Committees of how online sellers and marketplaces describe themselves, we see that they have thoughtfully avoided much of the legislative restriction that we have sought to place on them, because they say that they only facilitate sales and that the contract is with the individual seller, not the marketplace. Whether it is Amazon or eBay, they have all argued, “Yes, you can have whatever legislative provision you want, but it does not attach to us—it attaches to the person who uses us as a forum to sell.”

Whether we do this with online delivery charges and considerations around the unfairness of differences in postal charges, it will be important, for the provision on the delivery of knives in particular, that we have complete buy-in and sign-up from the marketplaces, rather than just the sellers. It is important to make sure that we know who is buying the blade and that they are able to buy it—that they are of a legal age and we know their identity—and we need to make sure that all who are involved in the process adhere to the Bill. I hope that the Minister has thought about that, engaged with the online sellers and taken the opportunity to tell them that they also have a duty in this process.

I was flicking through my phone 20 minutes ago—I will not say who was speaking at the time, but it was no reflection on their contribution—but zombie knives and combat knives are available for purchase. People can go on websites that say, “Here are UK legal blades. Here are blades that fold, that are less than three inches, that are suitable penknives for sporting purposes, and so on,” but many other sites will callously sell something that is designed to hurt, injure or kill. Having seen and heard the outrageous and horrendous stories in our broadsheets, on our television screens, in our communities and from our constituents, it is important that we take steps—I am not saying that this is entirely the right way to frame the legislation—to provide protection in our community. Having never had the privilege of serving on a Bill Committee and being very unlikely to have the privilege of doing so, I hope that members of this Bill’s Committee will take the opportunity to thoughtfully consider the provisions and augment them in a way that will ensure that the Bill will do what the Minister hopes.

Let me turn, in particular, to the firearms provisions. I made an intervention that touched on energy and velocity, and I think there are fundamental issues, which I raised with the Minister. The first is about safety. When we consider safety, why is something above 13,600 joules unsafe but something under that is not? Why does this Parliament need to interject ourselves in this discussion? Are we saying that 13,599 joules is okay? Is it any less lethal? No, it is not.

[Jim Shannon]

My hon. Friend is absolutely right. In this Bill, the Government are considering removing .50 calibre rifles of a certain velocity. If someone shortens the barrel or reduces the load, however, they can reduce the impact of a .50 calibre rifle or anything else of that size. There are other ways to do this so that law-abiding people can obtain these guns.

[Gavin Robinson]

My hon. Friend is absolutely right, but this is about the purpose of the Bill. What are we trying to achieve? Is it to make the public safer? The arbitrary figure of 13,600 joules cannot make the public safer. We are talking about law-abiding sport enthusiasts who have been through all the processes, as has been discussed this afternoon. Are we saying that 13,599 joules is okay, but 13,601 joules is not? It makes no sense. It is not just .50 calibre rifles either; it is exactly the same for .357 Lapua Magnum rifles. It does not matter if someone home loads, as my hon. Friend the Member for Strangford (Jim Shannon) said, and lowers the velocity of the round, because the Bill is framed so that what matters is not what they put through a firearm but what the firearm is capable of delivering.

I am afraid that the public safety test in the Bill does not cut it. A .22 rifle can remove life and has a much lower velocity. Families often introduce their young ones to the sport of firearms shooting—target shooting, plinking around the farm—with .22 rifles or air rifles, but a person can still lose their life from a .22. What, then, are we trying to achieve? What arguments and evidence base has the Home Office used to advance these provisions? I do not think they have any, and neither do sporting enthusiasts throughout the country. There has never been any discernible or detected use of rifles of this calibre, legally held, in the commission of a crime.

Some mention was made of the Northern Ireland provisions that allow us to access handguns and other firearms that people cannot access in the rest of the UK. That is true. Several Members of this House are in that position. Every time a person purchases a firearm of that capacity—handgun size, whether a 9 mm, a .40 calibre, a .45 ACP, or whatever—they must first apply for permission and show justifiable grounds for having one and then, shortly after purchasing it, hand it in to the police. They then take it away and put it through forensics and ballistics testing so that if that legally held and approved firearm were ever used and in the commissioning of, or during, a crime and the case left where it was used, the ballistics report would tell the police that it was that person’s firearm.

[Sir Hugo Swire (East Devon) (Con)]

Of course, the hon. Gentleman was about to say that it is also subject to a ministerial decision about who should be allowed to carry a personal protection weapon in Northern Ireland. Is this not a very regulated market?

[Gavin Robinson]

The right hon. Gentleman is absolutely right, but it is subject to a ministerial decision only if the person fails to satisfy the conditions earlier in the process. The right hon. Gentleman served as a Minister in the Northern Ireland Office and has regularly and routinely seen the constraints and strictures, and how strenuous is the process to ensure that only appropriately approved people have access to firearms and in an appropriate way. The Firearms (Northern Ireland) Order 2004 and the guidance from the NIO outline the conditions under which a person can make an application.

The important point, however, is that the ballistics and forensics evidence is there for those firearms. The same process could be applied to these circumstances. The approach in the Bill is to constrain access to 13,600 joules of energy—to use the term in the Bill—coming from a firearm. A similar forensics report could be made of that firearm and held by the state so that should that legally held firearm ever be used in the commissioning of crime, which has never happened before, the state would know whose weapon it was. It would be very simple, and I suggest that it should be considered in Committee as a further step to strengthen the existing provisions.

Let me make another point, on which I know I will have no support from Conservative Members. In Northern Ireland, no one can have an air rifle unless it is registered on a firearms certificate. An air rifle can be a deadly weapon. It may be a .177, it may take a small slug, it may operate through the force of air rather than black powder, but it can still be a lethal weapon. Air rifles are not even registered on firearms certificates in England. However, we are imposing serious restrictions on sporting pursuits which I think are unnecessary.

I have canvassed the Minister on the bump stock proposal, and I accept the argument that has been advanced. I think it absolutely right that bump stocks cannot be used in this country, and that the Bill allows the police to seize them. That is a fair argument, and one that we support. As the Minister will know, it has been argued that MARS rifles are useful to disabled shooters, giving access to the sport to those who have trouble handling bolts. I accept that, so far, none of the Paralympic shooting organisations—or, indeed, any of the national shooting organisations—have produced any evidence to substantiate that argument, but I trust that it will be considered later in the Bill’s passage.

We need to engage in very productive consideration. What are the reasons, what are the root causes, and how do we address the fears that are associated with some of these items? I have talked about the money that has just been invested in the .50 calibre range at Silverstone, which was specifically designed to be a safe environment for the use of such rifles, but they will certainly not be used regularly in gangland crimes. We are talking about a rifle weighing 30 lb, which will cost £3,000 or £4,000. The Minister is well aware of some of the historic issues that have arisen in Northern Ireland when paramilitaries have had access to such weapons, but they were never legally held, they were never on a firearms certificate, and they are not what we should be considering today. We are talking about the lawful pursuit of interest in a sport. That is something that we should support, something that forms part of our Olympics set-up, and something that we, as a country, fund participants to engage in, be involved in, and represent our country in. My hon. Friend the Member for Strangford (Jim Shannon) knows David Calvert very well. Calvert is a Commonwealth Games and Olympics shooter and gold medallist from Northern Ireland, who excels in the sport.

As a Parliament, we want our society to be safe. As a Parliament, we recognise that regulation is necessary. As a Parliament, we recognise that we should take steps to ensure that anyone who has access to something that is potentially lethal is controlled and monitored, and that there are systems in place to ensure that it is as safe as it can possibly be. However, in the absence of any rationale or evidence to justify this change, I think that it is a step too far.

I welcome the Minister’s willingness to engage with the issue, and I welcomed the Secretary of State’s indication at the start of the debate that he would engage in thoughtful consideration in the weeks ahead. I look forward to playing whatever part I can on the periphery of the Committee to help to improve the Bill.

Counter-Terrorism and Border Security Bill

Gavin Robinson Excerpts

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

[Gavin Robinson (Belfast East) (DUP)]

It is a pleasure to follow the hon. Member for Henley (John Howell). I have enjoyed listening to a range of contributions this afternoon and this evening. A number of Members, including the right hon. Member for South Holland and The Deepings (Mr Hayes) and the hon. Member for Cheltenham (Alex Chalk), have referred to the Investigatory Powers Act 2016, the Second Reading of which was on the day when Adrian Ismay, a constituent of mine, died having been subject to an under-car booby-trap bomb 11 days earlier. It was a dissident republican-inspired terrorist attack. Although the need for this Bill clearly comes from Islamic-inspired terrorism and from a change of thought, emphasis and deed in this part of our United Kingdom, I want to mention that we have not passed the worst days in Northern Ireland. There are still those who wish to use the worst messages of terrorism to change the political outlook, to change the determination of our people and to destroy our country. It is important to say that at the start of the Bill’s passage.

I will mention just three issues, two that are specifically outlined in the Bill and one, which is not considered at all in the Bill, that I would like the Minister to engage with thoughtfully. Other Members who have had the pleasure or misfortune of participating in a Public Bill Committee may know more than me about them—I have never sat on a Public Bill Committee—but I would be delighted to do so and get involved in some of these issues. Members who have sat on Public Bill Committees tell me that I am mad and that it would be the worst thing to put myself forward for, but there are provisions in the Bill that it would be incredibly useful to have the opportunity to explore in greater depth.

We need to be careful about how we proceed with the plans on border security outlined in the Bill. Although I am a Brexit-supporting Member, I think it would be irresponsible of us to consider these provisions without having at least some cognisance of the issues raised by Brexit when it comes to border security. When the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), the shadow Home Secretary, raised her points earlier, the Secretary of State was right to indicate that schedule 3 emulates what is already provided for in the Terrorism Act 2000. That legislative provision has been in place for the past 18 years, and the only difference I can see is that, whereas the 2000 Act focuses on terrorism, schedule 3 covers “hostile acts” and talks about state party actors. I assume that is the main difference.

The most important border security provision is in paragraph 4 of schedule 3 to the Bill and in paragraph 2(4) of schedule 7 to the 2000 Act, which relates to section 40(1)(b) of that Act. Under those provisions it does not matter whether there is reasonable suspicion of engagement in terrorism or hostile activity. Both the 2000 Act and this Bill go to extraordinary lengths to outline what is meant by “terrorism,” “hostile acts,” “terrorist activity” and “state party activity,” and both pieces of legislation specifically indicate to the border officials who are asked to operate them that it does not matter whether they have reasonable grounds for suspicion. The truth is that, in both the 2000 Act and this Bill, a border official does not need to have any suspicion at all of terrorism or hostile acts. To my mind, that cannot be right.

When we consider the checks that will happen, this Bill and the 2000 Act specifically talk about travel to and from Northern Ireland, to and from Great Britain and between different parts of this United Kingdom—from Northern Ireland to Great Britain, and from the top of Great Britain to the bottom of Great Britain—but no reasonable suspicion whatever is required for a person to be stopped, questioned and potentially searched by one of our border officials.

I will not push the point much further now but, in the atmosphere created around border controls, whether on the island of Ireland or between Northern Ireland and Great Britain, we need to consider this more thoughtfully. When our Scottish brethren, of whom the Security Minister is one, complained during the 2014 referendum that it was inappropriate for a UK citizen from Scotland, when travelling to a UK airport in England, to be stopped and questioned, the answer was, “Well, this House voted for it in the Terrorism Act 2000.”

The common travel area does not allow for a person to be stopped and checked for citizenship or to be asked about their right to travel. When that happens to people travelling from Belfast to Birmingham, it is an affront to UK citizens that they are stopped by a Border Force official. Those stops, those checks and those questions, offensively, are conducted under anti-terrorism legislation, and this Bill gives us the opportunity to thoughtfully consider whether that is really what we want in this country. I will never tie the hands of a Government who want to protect us from terrorists, but is it appropriate that an average citizen from one part of the United Kingdom travelling to another part of the United Kingdom is stopped under anti-terrorism legislation? I do not think it is, and I hope that is something we can thoughtfully consider as the Bill proceeds.

Clause 7 will make terrorist connections an aggravating factor in committing another offence, and it is wonderful that Northern Ireland is being included in that provision. I am not sure why we were left out of the Counter-Terrorism Act 2008—I am sure there was good reason, following political discussions in 2007, but it was not right. When a person is perceived or known to be associated with a terrorist organisation, be it an Islamist group, some other fundamentalist group or an organisation originating in Northern Ireland, whether connected to loyalism or republicanism, it is appropriate that that serves as an aggravating factor.

But again I raise the question: how does the Minister believe prosecutors will be able to convince a court that an individual has a terrorist connection? I know from my experience of the judiciary in Northern Ireland, and from my experience both as a barrister and as a politician, that it is extraordinarily difficult to ask a court to accept that a person has a terrorist connection unless, as part of either that prosecution or a previous prosecution, they have been convicted of that offence. I make the gentle point to the Minister that this undermines community confidence in policing and security in this country. People know that a provision is on the statute book saying that an association with terrorism should be an aggravating factor in sentencing. They may know as the dogs in the street know—that is what they say in Belfast—that someone is associated with or involved in paramilitarism, yet there will be no motion in court for that individual to be sentenced for an aggravating offence. Why is that? It is because either there will be an unwillingness to prove it or an inability to do so. The unwillingness will stem from our security services not wishing to share the intelligence that they have in open court. Colin Duffy walks the streets of Lurgan in Northern Ireland because of an unwillingness on the part of the judiciary in Northern Ireland to allow intelligence to remain private. Dissident republicans who have terrorised and tortured our society to this day, and are still intent on destroying Northern Ireland and taking us out of this United Kingdom, walk the streets today because of the inability to present intelligence in open court. The judiciary have said, “If you can’t do it, don’t bring it to us. If you are not prepared to show it openly, don’t bring it to us.”

So although it is wonderful that we are being included in this provision for the first time in 10 years, because Northern Ireland did not feature in this as part of the Counter-Terrorism Act 2008, I would like to know—I would be keen to engage with the Minister on this—just how this provision will proceed through an open court process and how such prosecutions will be made. Without going into the details, because of sub judice rules, let me say that there are cases at the moment where individuals are being prosecuted in Northern Ireland because of how they signed off a text message with a Latin phrase, “quis separabit”, which means “who shall separate us?” It is the motto of a proscribed organisation in Northern Ireland. Is that as far, without divulging intelligence, as prosecutors are going to go to try to satisfy this provision of

“membership of a proscribed organisation”

or an association with such an organisation? If it is, although it is great to be included in this provision, I suspect that no sentence given in a court in Northern Ireland will ever benefit from an aggravating feature and, thus, an increase. So I look forward to having the opportunity to meet the Minister to discuss this further.

The final part of my contribution seeks to bring to the attention of Members section 1 of the Terrorism Act 2006, which dealt with encouraging support for terrorism or the glorification of it. When it was put forward in 2005 and enacted in 2006, there was some discussion not only about “encouraging” people to engage in terrorism, but about the glorification of past offences, and a 20-year limit was put on such provision. That was not done in the legislation; it was spoken about openly and formed part of the guidance to police services. The approach was, “It is okay to glorify terrorist crimes as long as they were more than 20 years ago.” That cannot be right and I hope the Minister will accept amendments to this Bill, be it in Committee or on Report, that will rectify that situation. It is appalling that people who are intent on removing life and destroying our society can legally eulogise such vile acts. I do not need to make that point from my perspective—from a Northern Ireland perspective—because we are seven years off 20 years since the 7/7 bombings. Does anyone in this Chamber think it would be appropriate for any group in this country to memorialise or eulogise the perpetrators of that vile act? We are seven years away from the potential for that happening, if the “20-year” guidance is accepted on historical acts under the 2006 Act. We should thoughtfully consider that.

Let me give the example of D company, an IRA company in Belfast who parade through its streets each and every year. They dress in paramilitary-style clothing. They wear black berets, black sunglasses, smocks over their faces and military jackets. They have flags, bands and replica arms. They are glorifying acts of terrorism. The Northern Ireland Office is responsible for a body called the Parades Commission, but does it even deem those parades sensitive, let alone ban them for breaching counter-terrorism legislation? No, it does not. It takes no interest in these parades. When we think about whether historical acts have the potential to glorify or not, we should consider this quotation from D company’s 2017 main speaker:

“British rule was wrong in 1916 and it remains wrong today in 2017. Let no one tell you different!”

D company of the IRA in west Belfast was one of the most notorious. It is attaching itself to the events in 1916 and it was responsible for historic acts during the troubles. It is making the connection very clear under the terms of the 2006 Act, saying that the same principles that applied then applied in 2017. If that is not a glorification of previous activities or an encouragement to others to recognise that the conditions under which they “proudly volunteered”—that is their view—equally apply today, and if that is not an “encouragement” under this legislation, I do not know what is. When those responsible for the Shankill bombing unveil a memorial 20 years to the day after carrying out that heinous act in 1993, we have a problem with legislation that tries to account for an historic act that cannot be seen as glorification or an encouragement. I raise this issue in hope, and I draw the analogy because not only have we had horrendous acts in the past year here in England, but we are not going to have to wait too long until it is 20 years after the 7/7 attacks. If Members in this Chamber are as horrified as I am at the prospect that such acts could be lawfully, sensibly eulogised in our society, this Bill gives us the opportunity to do something about it.

I want to thank the Minister, because he has engaged with us over the past weeks, and we have had the opportunity for briefings. I hope that during this Second Reading debate and in Committee we will get the opportunity to shape this Bill so that it does provide what we need to counter terrorism in all its forms in this country.

Oral Answers to Questions

Gavin Robinson Excerpts

Monday 4th June 2018 Commons Chamber

[Sajid Javid]

People can have legitimate concerns about the so-called spy cops issue, and that is why there is an inquiry, but I very much agree with my hon. Friend. I do not think that Lush should be tarring all police officers with the same bath bomb.

[Gavin Robinson (Belfast East) (DUP)]

Is the Home Secretary aware of the increasing farce besetting Border Force recruitment in Northern Ireland, and will he meet us to consider how best and most fairly we can have exactly the same conditions for Northern Ireland applicants as those that apply in the rest of the United Kingdom?

[Caroline Nokes]

The hon. Gentleman will be aware that he and others have raised this with me. We have looked very carefully at recruitment processes in Northern Ireland to make sure that there is absolutely no bias, taking into account the Equality and Human Rights Commission’s comments.

Oral Answers to Questions

Gavin Robinson Excerpts

Monday 26th February 2018 Commons Chamber

[Mr Wallace]

The hon. Gentleman is right to say that a number of active Russians and indeed other nationals are involved in organised crime in this country. That is why the Government are reviewing the organised crime strategy that was first published in 2013 and why we introduced the Criminal Finance Act 2017 to give us the powers to deal not only with the people inflicting these crimes but with their money, should they choose to push it through this country.

[Gavin Robinson (Belfast East) (DUP)]

The Security and Economic Crime Minister will be aware of the great number of loyalist and republican crime gangs that operate with organisations in England, Scotland and Wales, and also internationally. He knows that they are subject to the paramilitary taskforce, but will he meet me to discuss how we can ensure that that succeeds?

[Mr Wallace]

I would be very happy to meet the hon. Gentleman to discuss that matter. We realise that the best way to tackle organised crime is similar to the way in which we have often tackled terrorism in the past—that is, alongside the criminal justice outcome, to use the broad shoulders of the whole state, local authorities, financial regulation, the police and neighbourhoods to tackle these people.

Policing

Gavin Robinson Excerpts

Tuesday 19th December 2017 Commons Chamber

[Mr Hurd]

I welcome the hon. Lady’s contribution. She is extremely thoughtful on police matters and has done great work over the years on the “Protect the protectors” agenda. I hope she welcomes the additional £8.9 million that her force should see next year. She raises a thoughtful point. It is a complex system. There are some forces whose ability to raise precept is low, or whose historical precept levels are low. That often reflects historical political decisions, which I cannot do anything about at the moment. She will notice that this has been structured in terms of an additional £12 rather than percentages, which has been the historical route. There is a reason for that: it advantages slightly those forces that have low precepts.

[Gavin Robinson (Belfast East) (DUP)]

The Minister was kind enough to acknowledge the bravery and hard work of police officers right throughout this country, but far from looking at the financial settlement for next year, serving police officers in the Police Service of Northern Ireland have yet to learn of their pay award this year. Given the political difficulties in Northern Ireland, will the Minister at least engage with the Secretary of State for Northern Ireland and stand up for policemen right across this country?

[Mr Hurd]

I am certainly happy to speak to the Secretary of State about that.

Harassment in Public Life

Gavin Robinson Excerpts

Monday 18th December 2017 Commons Chamber

[Amber Rudd]

That is exactly an area we are continuing to look at, and which the Home Affairs Committee is looking at, and where we are starting to see some real action. It is not enough. We want to go further and faster, but it is a start.

[Gavin Robinson (Belfast East) (DUP)]

As the DUP’s home affairs spokesman, I say gently that this evening’s statement would have been stronger if Members had been less selective in their condemnation of political commentary and abuse. Just today, I received notification from a local PSNI inspector in east Belfast that abuse reported to him could not be progressed because Twitter does not comply or engage unless there is an imminent threat to life. In reflecting on legislative provisions, will the Home Secretary ensure that this frustration and the failure to engage with authorities in Northern Ireland and throughout the United Kingdom is dealt with appropriately?

[Amber Rudd]

I thank the hon. Gentleman for his contribution. It is distressing to hear that example, because we are beginning to see some progress from Twitter. If he would like to write to me about that particular example, I will certainly take a look at it. Abuse online is not only just as unwelcome but just as illegal as abuse offline.

Independent Review: Deaths in Police Custody

Gavin Robinson Excerpts

Monday 30th October 2017 Commons Chamber

[Mr Speaker]

I note what the hon. Lady says about Deborah Coles being her constituent. Clearly, Deborah Coles can be a constituent of only one Member, but I did know her at university 30 years ago, as did the hon. Member for Dudley North (Ian Austin). She was a formidable campaigner for social justice then, and she is clearly a formidable campaigner for social justice now.

[Gavin Robinson (Belfast East) (DUP)]

I thank the Minister for his statement. The Police Service of Northern Ireland has an average of one death in custody every two years, and I have no doubt that it will learn lessons through the National Police Chiefs Council. Given that there are three separate legal jurisdictions in this kingdom, what thought has the Minister given to the devolution issues, particularly when we are seeking to give assistance through legal aid for inquests and families who most need that assistance?

[Mr Hurd]

The hon. Gentleman raises the important point of devolution, which I will certainly take to the ministerial council. I note the statistics for Northern Ireland. The figures for England and Wales are obviously significantly worse, so I am open to learning from examples of good practice in Northern Ireland.

Oral Answers to Questions

Gavin Robinson Excerpts

Monday 16th October 2017 Commons Chamber

[Gavin Robinson (Belfast East) (DUP)]

Can the Minister confirm that, lying outside the Schengen area as we do, we already practically and financially support the borders of the Irish Republic and that there are no plans for that to change?

[Brandon Lewis]

I can confirm that. As the Prime Minister has outlined, we are very determined to ensure that we continue with the common travel area as is in place across the country and with Ireland.

Criminal Finances Bill

Gavin Robinson Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 21st February 2017 Commons Chamber

[Gavin Robinson (Belfast East) (DUP)]

The Minister will be aware that although the aspiration is to see an early return to the Stormont Executive, the likelihood of that happening in the immediate future is somewhat fraught. Given that the Bill will inevitably conclude before we see the return to the institutions of Stormont, will he outline what steps will be taken to regularise issues, once the Assembly has been restored?

[Mr Wallace]

We are in ongoing discussions with the Northern Ireland Assembly, and we hope that the Northern Ireland Assembly elections are completed and that Stormont takes up the reins again, so that devolution returns to Northern Ireland. That is our starting-point, and it is what we all wish. There was a good cross-party consensus for these provisions for Northern Ireland in the Assembly earlier. I cannot remember the exact date of the election—the hon. Gentleman might have to remind me. Let us plan for normality in Northern Ireland and make sure that we get to a good position.

[Gavin Robinson]

The election is planned for 2 March. I agree with the aspiration to see a return to Stormont as soon as possible, but does the Minister believe that there would be some merit in at least corresponding with the leaders of each political party to attain affirmation of the measures at this stage, for fear that we do not see a return in a reasonable period?

[Mr Wallace]

I am grateful to the hon. Gentleman, and I will certainly put that suggestion to officials. My view would be that pre-suspension of the Assembly is the place we are at, and although there has been a change of a leader, I am not sure that we have had any signal that it has gone backwards. The date of 2 March gives me some good hope. I have never known the other place move at the speed of light, so I hope we shall have time to make sure that this gets through.

Finally, this group includes two proposals concerning unexplained wealth orders: new clause 5, in the name of a number of the officers of the all-party parliamentary groups on anti-corruption and responsible tax, and Opposition amendment 1. I will allow hon. Members the opportunity to speak to those amendments and will respond to them in my closing remarks.