Prevention and Suppression of Terrorism

James Brokenshire Excerpts

Wednesday 10th July 2013 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I beg to move,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2013, which was laid before this House on 8 July, be approved.

The Government are determined to do all they can to minimise the threat from terrorism to the UK and our interests abroad. Proscription is an important part of the Government’s strategy to tackle terrorist activities. We propose, through the order, to add both Jama’atu Ahlis Sunna Lidda'awati wal-Jihad, more widely known as Boko Haram, and Minbar Ansar Deen, also known as Ansar al-Sharia UK, to the list of international terrorist organisations, amending schedule 2 to the Terrorism Act 2000. This is the 12th proscription order under that Act.

Schedule 3 of the Act provides a power for the Home Secretary to proscribe an organisation if she believes that it is currently “concerned in terrorism”. The Act specifies that an organisation is concerned in terrorism if it commits or participates in acts of terrorism, prepares for terrorism, promotes or encourages terrorism, including the unlawful glorification of terrorism, or is otherwise concerned in terrorism. If the test is met, the Home Secretary may exercise her discretion to proscribe the organisation, having taken into account a number of factors. Those factors are: the nature and scale of an organisation’s activities; the specific threat that it poses to the United Kingdom; the specific threat that it poses to British nationals overseas; the organisation’s presence in the United Kingdom; and the need to support other members of the international community in tackling terrorism.

Given the wide-ranging impact of proscription, the Home Secretary exercises her power to proscribe only after thoroughly reviewing the available relevant information and evidence on the organisation. This includes open source material, intelligence material and advice that reflects consultation across government, including with the intelligence and law enforcement agencies. These decisions are taken with great care by the Home Secretary and it is right that the case for proscribing new organisations must be approved by both Houses.

[Mike Freer (Finchley and Golders Green) (Con)]

Can the Minister tell me, as someone who has been on the sharp end of attack by Muslims Against Crusades, whether having organisations out in the open where they can be monitored is preferable to proscribing organisations, which makes it harder to monitor them?

[James Brokenshire]

I note my hon. Friend’s comment. Clearly, his own experience was very shocking and I well understand why he would wish to intercede in the debate to make that point clearly. Proscription can be an important mechanism to disrupt activity. We therefore believe that it is an appropriate mechanism to send a strong message that terrorist organisations are not tolerated in the UK and to act as a deterrent to their operating here. It also means that an organisation is outlawed and is unable to operate.

It is a criminal offence for a person to belong to a proscribed organisation, invite support for a proscribed organisation, arrange a meeting in support of that organisation, or wear clothing or carry articles in public which arouse reasonable suspicion that they may be a member or supporter of such an organisation. We believe that proscription is a powerful mechanism to disrupt and take firm action against terrorist groups, which is why 49 international and 14 Northern Irish terrorist organisations are currently proscribed.

On the specific groups before the House this evening, having carefully considered all the evidence we firmly believe that both organisations, Boko Haram and Minbar Ansar Deen, are currently concerned in terrorism. Right hon. and hon. Members will appreciate that I am unable to comment on specific intelligence, but I can provide a brief summary of each group.

Boko Haram is a prolific terrorist organisation based in Nigeria whose ultimate goal is to establish the Islamic caliphate. Seeking to undermine democratic government through its campaign of violence and attacks, it has targeted all sections of Nigerian society—Muslims, Christians, rich, poor, civilians and members of the security forces alike—as well as members of the international community. For example, an attack near Abuja on Christmas day 2011 that killed at least 26 people, and an attack on a bus station in Kano City in March 2013 that killed over 60, were both attributed to the organisation. The organisation has also sought to attack international targets in Nigeria. In August 2011, it claimed responsibility for a suicide attack against the UN building in Abuja that killed 26. It has also targeted westerners for kidnapping in the past few years.

I stress to the House that the Government are aware of the concerns over the approach used by the Nigerian Government to defeat Boko Haram. While the UK Government continue to work with Nigeria to fight terrorism, we make it clear that human rights must be respected at all times in our work to defeat terrorism across the globe.

[Richard Fuller (Bedford) (Con)]

I am grateful to my hon. Friend for mentioning some of the disgusting attacks by Boko Haram in Nigeria. We live in an interconnected world and I am sure that the Government of Nigeria will be pleased at the action being taken by the British Government today. Has my hon. Friend had any conversations with the Nigerian Government with respect to the motion before the House?

[James Brokenshire]

What I can say to my hon. Friend is that Boko Haram has carried out indiscriminate, mass-casualty attacks, and clearly we are conscious of all the events I have outlined. We believe that proscribing that organisation shows our condemnation of its activities very clearly and will prevent it operating in the UK and give the police powers to tackle any UK-based support for it, so proscription is an important step. I cannot comment on specific discussions we have had with the Nigerian Government, but clearly those continue. I stress the point I made earlier about condemning any human rights abuses in that regard. I think it is important to state that in this context.

The second group we are proscribing is Minbar Ansar Deen, a Salafist group based in the UK that promotes and encourages terrorism. It distributes material through its online forum, which promotes terrorism by encouraging individuals to travel overseas to engage in extremist activity, specifically fighting. The group is not related to Ansar al-Sharia groups in other countries. Proscribing it sends a clear message that we condemn its terrorism activities.

Decisions on when and whether to proscribe an organisation are taken only following extensive consideration and in the light of emerging intelligence. It is important that decisions are built on a robust evidence base, do not adversely impact on any ongoing investigations and support other members of the international community in the global fight against terrorism. It of course would not be appropriate for us to discuss specific intelligence that leads to any decisions to proscribe, but clearly we keep the whole area under constant focus.

[Keith Vaz (Leicester East) (Lab)]

I am sure that the House will support what the Minister is proposing, so he must not take anything I say as criticism of the Government’s decision. He will know that whenever the matter has come before the House I have raised the necessity of a time limit on some of these orders and, in particular, the report by the independent reviewer of terrorism legislation, David Anderson QC. The Minister told the House almost exactly a year ago, on 4 July 2012, that the Government’s response would be published in due course. The Immigration Minister said on 22 November 2012 that it would be published shortly. When will it be published?

[James Brokenshire]

I know that this is an issue that the right hon. Gentleman has pursued through the Home Affairs Committee and through interventions in debates of this kind. I can tell him clearly that we have noted carefully the comments in David Anderson’s report about the de-proscription process and that we responded to the report in March. In that context, under the current regime any person affected by a proscription can submit an application to the Home Secretary requesting that she consider whether the organisation should be de-proscribed. The Home Secretary has received no de-proscription applications, and I understand that none was received by her predecessor since 2009. I can assure the right hon. Gentleman that officials continue to explore options for improving the de-proscription process. That is under active consideration and we will inform Parliament of any resulting changes to the regime. Our current thinking is that there are ways in which the existing regime for de-proscription can be used effectively. We will report back to the House shortly, and I genuinely mean that—the right hon. Gentleman smiles. I assure him that this is under active consideration. There are issues that need to be worked through carefully, and we will report back to the House at the earliest opportunity. I say to him genuinely, the matter is being considered carefully and actively in the light of David Anderson’s recommendations in his report, and in looking more generally at the proscription regime, as well as de-proscription within it.

[Keith Vaz]

I am sorry to do this, because I like the Minister, but he has said absolutely nothing that he did not say a year ago. It is important to distinguish between the process, which we all know about, and the issue that David Anderson has raised about time-limiting orders. The Minister has used the words “under active consideration” and said that officials are doing this or that. That is all very well, but ultimately Ministers have to make a decision. Either they are in favour of a time limit or the order will be endless, subject to somebody’s application. We need to know precisely at some stage—not today, obviously.

[James Brokenshire]

As I said, we responded to David Anderson’s report in March. I understand that this matter is of concern to right hon. and hon. Members, and we are therefore examining how the existing de-proscription process can be used more effectively.

I hope that, following my comments, the House will be minded to support the proscription of both groups and support the Government’s focus and clear intent to combat terrorism in this country.

--- Later in debate ---

[James Brokenshire]

I thank all right hon. and hon. Members for their contributions to the debate, which has been well informed and well focused on the tasks at hand and the specifics of the order before the House.

Let me comment at the outset on the observations made by my hon. Friend the Member for Newark (Patrick Mercer) about the appalling murder in Woolwich of Drummer Lee Rigby. I am sure that all right hon. and hon. Members will join me in saying that all our thoughts and prayers are with the family in their preparation for Drummer Rigby’s funeral in just a few days’ time. Can I also echo—[Interruption.]

[Madam Deputy Speaker]

Order. Will the hon. Member for Harrow East (Bob Blackman) move away from the Front Bench? Only the Minister is supposed to be standing there, no other Member.

--- Later in debate ---

[James Brokenshire]

I echo the comments of the Chair of the Select Committee on Home Affairs about the work of the Security Service, as well as the police involved in counter-terrorism work and, indeed, all officials engaged in keeping our country safe. That includes activities overseas, as well as in the United Kingdom. I wholly endorse his comments about how so much of that work necessarily has to be done out of sight. In my role as security Minister, I have the genuine privilege to have some insight into that work and to see the professionalism, focus and drive that those people have in seeking to keep all of us safe. I entirely endorse the comments that the right hon. Gentleman made in that connection.

Let me deal with a number of the points that were flagged up. On Boko Haram, we have regular dialogue with the Government of Nigeria on a broad range of mutual terrorism concerns. The Nigerians have proscribed Boko Haram and are aware of our intention to do so.

The hon. Member for Kingston upon Hull North (Diana Johnson) asked about the timing of the order being laid before the House tonight. The decisions on whether to proscribe a particular organisation are taken after careful consideration and in the light of emerging intelligence. It is important that such decisions should be built on a robust evidence base and that they should support other members of the international community in their fight against terrorism. It would be inappropriate for me to discuss specific intelligence matters, but I can assure her that these issues are carefully considered in this context, and in the context of our broader support for others around the world in their fight against international terrorism. I note the points that she has raised, however.

My hon. Friend the Member for Newark spoke of the need for balance and the need to ensure that, when we take action, we properly consider individual freedoms as against the need for collective security. Sometimes the challenges might be pushed in one direction or the other, but I am clear that they should be mutually reinforcing. If we are to uphold our values and traditions, and uphold who we are as a country, we must ensure that we properly respect individual freedoms and liberties while providing collective security for the country as a whole.

The hon. Member for Kingston upon Hull North asked about Hizb ut-Tahrir. That organisation is not proscribed, and proscription could be considered only when the Home Secretary believed it to be involved in terrorism, as defined by the Terrorism Act 2000. However, I want to make it clear to the House that the Government have significant concerns about Hizb ut-Tahrir, and we will continue to monitor its activities closely. Such groups are not free to spread hatred and incite violence as they please. The police have comprehensive powers to take action under the criminal law to deal with people who incite hatred, and they will do so. We will seek to ensure that Hizb ut-Tahrir and groups like it cannot operate without challenge in public places in this country. We will not tolerate secret meetings behind closed doors on premises funded by the taxpayer, and we will ensure that civic organisations are made well aware of Hizb ut-Tahrir and groups like it, and of the names under which they operate and the ways in which they go about their business. It would not be right for me to comment on individual cases, but we keep all organisations of concern under review.

The hon. Lady will be aware of the taskforce that the Prime Minister has set up to examine the further options that we can take in the context of preventing terrorism. We are looking again at how we might deal with groups that fall below the current threshold for proscription but none the less espouse extremist views.

[Keith Vaz]

Will the Minister tell the House how many times the taskforce has met?

[James Brokenshire]

The taskforce has met twice, and it has considered a wide range of issues. We are focused on taking action to build on the very good work of the Prevent strategy. An example is the work of Prevent co-ordinators in universities to provide support and advice and to highlight understanding of the potential of extremist groups to operate on university campuses. The Prime Minister made it clear in his statement on the matter that he wants to examine all the issues closely to determine what further work and action could and should be undertaken. That work is progressing, and I am sure that the Prime Minister will continue to update the House on the work of the taskforce.

Let me address the point raised by the hon. Member for Kingston upon Hull North about the People’s Mujahedeen Organisation of Iran. That organisation was proscribed in 2001 and was de-proscribed in June 2008, following the judgments of the Proscribed Organisations Appeals Commission and the Court of Appeal. An appeals process can be undertaken in respect of a proscribed organisation.

I should perhaps have underlined in my initial response to the Chairman of the Select Committee that proscribed organisations are kept under constant review. There is a rolling 12-month basis on which those organisations are reviewed by a group that draws in experts from across government. It is not the case that an organisation that has been proscribed would have to stay proscribed, as there is an ongoing process. I am sorry if he was not satisfied with my initial response to him. The work I highlighted related to how to ensure that the process of the annual reviews and what they produce can be strengthened and developed further to give greater assurance in respect of some of the issues that he highlighted.

In conclusion, I would like to thank all right hon. and hon. Members for their considered comments. I believe that the proscription of Boko Haram will demonstrate our condemnation of that group’s activities. Proscribing it will also enable the police to carry out disruptive action against any of its supporters in the UK and ensure that they cannot operate here. The proscription of Minbar Ansar Deen will be a powerful tool for the police to help them successfully disrupt the organisation, and it will also send a powerful message that the promotion and encouragement of terrorism are not acceptable and that we will take action against organisations that partake in such activities.

On the basis of those comments, I hope that the House will support the actions proposed by the Government, and I commend the order to the House.

Question put and agreed to.

Resolved,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2013, which was laid before this House on 8 July, be approved.