Counter-Terrorism and Security Bill

Ian Swales Excerpts

Tuesday 9th December 2014 Commons Chamber

People will be interested in that matter, especially whether those on TPIMs can have access to schools and youth clubs. In fact, should schools and youth clubs be made aware that such a person should not volunteer or work with young people? That all relates to amendment 7, which is a probing amendment.

[Ian Swales (Redcar) (LD)]

I am certainly not an expert on this area, but is the shadow Minister suggesting that an organisation’s standard Criminal Records Bureau check fails to pick up the people to whom she is referring?

[Diana Johnson]

That is the very question I am asking. The Disclosure and Barring Service obviously keeps records of people who should not have access to children in a regulated activity, such as working as a teacher in a school. However, because of the coalition’s changes, volunteering at a school is not considered a regulated activity, so no information would necessarily be given by the DBS. Most people would be concerned if someone subject to a TPIM had access to young people. Will the Minister help us to be clear about what exactly that means?

Clause 15 allows the Secretary of State to require an individual to attend meetings with such persons as the Secretary of State may specify, at such locations and at such times as the Secretary of State may by notice require. The specified persons may choose the time and place of the meeting.

We think that clause 15 is rather vague and very broad, and we have tabled a probing amendment. Amendment 6 is designed to tie down the clause on the specific issue of Channel—the deradicalisation programme —which we will come on to later. It is important that the Secretary of State can make people attend Channel meetings and appointments, and possibly those relating to other parts of the Prevent programme. The probing amendment is an attempt to tease out exactly what such appointments are about. We certainly think that the appointments such a person is required to attend should cover the Channel and Prevent programmes.

Clause 16(1) amends section 3(1) of the TPIM Act so that, to meet condition A, the Secretary of State must be

“satisfied, on the balance of probabilities,”

that an individual is or has been involved in terrorism-related activity. That changes the current wording for the test under condition A, which is that

“the Secretary of State reasonably believes that the individual is, or has been, involved in terrorism-related activity”.

As I have set out at great length, the Secretary of State spent four years arguing that relocation was unnecessary and impossible, because courts kept overruling it. We know that the independent reviewers of terrorism legislation have always taken a different view on that point. The relocation power is now being reintroduced, and the Home Secretary has toughened up the test.

I want to make it clear that Opposition Members have always been comfortable with having robust oversight of TPIMs, because we think that good and strong evidence—such evidence ensures that TPIMs are used only in exceptional cases—would pass the test the Home Secretary is now introducing in clause 16. It is important not only to have such a test, but to continue to have judicial oversight so that TPIMs are always considered in the courts.

--- Later in debate ---

[Pete Wishart]

I am a bit more satisfied, but on the face of it, the amendments do call for further restrictions. If they are just probing amendments, that is fair enough and we will hear the Minister’s response. Regardless of whether the amendments are probing or active, I hope that he is not convinced to back anything that Labour is suggesting, because that would make matters worse.

It seems to me that the Labour leopard has not changed its new Labour, anti-civil libertarian spots. Labour still wants further restrictions. It still wants the Government to go further, despite the critical balancing act that we always have to consider between the necessary steps to keep our nation safe and the civil liberties that we cherish and value in a democracy. New Labour got the balance drastically, appallingly wrong. Unfortunately, the Conservatives are moving on to that territory once again. I hope that the amendments are resisted. I understand that they are just probing amendments, and that is fine, but I hope that the Minister will not be probed into accepting what is being suggested by the Labour party.

[Ian Swales]

I am enjoying the hon. Gentleman’s speech. Does he remember that the previous Government introduced a raft of new offences under terrorism legislation, and therefore the gap that TPIMs or control orders are there to fill should be, and indeed has proved to be, negligible? Are they needed at all?

[Pete Wishart]

I think I took part in practically all the debates in this House on these issues—indeed, the hon. Gentleman and I would have sat on the same Benches when arguing against what new Labour was trying to create with these measures. He is right: are such measures necessary? One individual in the country is subject to a TPIM, yet we are discussing the issue in Parliament and ensuring that what will probably be expensive resources are allocated to ensure that this new restrictive measure goes through. Is it worth while?

I do not like TPIMs—the Minister knows that—and I disliked control orders even more. Are they necessary? I suspect not. Do they do anything to make our nation safe? No, they do not. Should we be doing other things to make our country safe? Yes, we should, but unfortunately no amendment has been tabled that will deal with those issues. I hope that the Minister is not in the mood to accept Labour’s suggestions—