Prevention and Suppression of Terrorism

James Brokenshire Excerpts

Thursday 19th June 2014 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

I beg to move,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2014, which was laid before this House on 16 June, be approved.

Proscription is an important part of the Government’s strategy to tackle terrorist activities. The five groups named in the order all have links to the conflict in Syria. They are: the Islamic State of Iraq and the Levant, also known as the Islamic State of Iraq and al-Sham; Turkiye Halk Kurtulus Partisi-Cephesi; Kateeba al-Kawthar, known as KAK; Abdallah Azzam Brigades, known as AAB, including the Ziyad al-Jarrah Battalions; and the Popular Front for the Liberation of Palestine-General Command. We propose adding them to the list of international terrorist organisations by amending schedule 2 to the Terrorist Act 2000. This is the 15th proscription order under that Act.

By way of background, the House will be aware that Syria is the No. 1 destination for jihadists from anywhere in the world. Proscription sends a strong message that terrorist activity is not tolerated wherever it happens. The reality is that the conflict in Syria has seen a proliferation of terrorist groups, with multiple aims and ideologies and little regard for international borders. For example, in the past week we have seen significantly increased violent activity in Iraq by ISIL. Today the UK is proscribing terrorist organisations that support the Assad regime, that are fighting against it, and that have ambitions beyond Syria and have taken advantage of the collapse of security and the rule of law.

Terrorism from, or connected to, Syria will pose a threat to the UK for the foreseeable future. Involvement in the conflict in Syria and its environs can provide individuals with combat experience, access to training, a network of foreign extremist contacts and a reputation that can increase substantially the threat that those individuals pose on return to the UK. The threat from returning foreign fighters was clearly demonstrated by the recent case of Mehdi Nemmouche. He is believed to have spent at least a year in Syria, during which he developed connections with ISIL before returning to Europe. He is the prime suspect in a shooting on 24 May at the Jewish museum in Brussels in which four people died.

Although the Government recognise that most travel to Syria is well intentioned and for humanitarian reasons, and while we are not trying to criminalise genuine humanitarian efforts, we advise against all travel to Syria. Anyone who travels, for whatever reason, is putting themselves and others in considerable danger. Both the regime and extremist groups have attacked humanitarian aid workers. The best way to help Syrians is not to travel, but to donate or volunteer with UK-registered charities that have ongoing relief operations.

[Keith Vaz (Leicester East) (Lab)]

I am glad to see the Minister back on familiar territory, after dealing with passports yesterday. This morning, information has come out of Iraq indicating that up to 400 British citizens might be fighting there. He gave evidence to the Home Affairs Committee as part of its inquiry into counter-terrorism. Iraq was not mentioned, either in his evidence or in that of others. Can he confirm that figure? Are those people who originally started in Syria and have moved into Iraq, or are they a new batch of people?

[James Brokenshire]

The right hon. Gentleman will recollect the evidence that I gave his Select Committee about foreign fighters. It is often difficult to give estimates about the numbers of individuals; our current estimate is that more than 400 subjects of interest have travelled to Syria to become involved in the conflict there in some way. Clearly, the Islamic State in Iraq and the Levant, or ISIL, is using the areas of land it controls in Syria and now Iraq as one theatre of conflict. I cannot state the numbers or give the other information that the right hon. Gentleman seeks, but clearly there is a concern that those who travel to Syria may then travel across the Levant into Iraq. We are keeping a close eye on that.

We are committed to finding a political settlement to the conflict in Syria that will deliver a sustainable and inclusive transition process and allow the country to rebuild, communities to heal and extremism to be rejected. We will also continue to back the moderate Syrian opposition, who are a bulwark against the terrorism of the extremists and the tyranny of the Assad regime. The Government are determined to do all they can to minimise the threat from terrorism from Syria, and elsewhere, to the UK and our interests abroad.

Those who travel to engage in terrorism face prosecution on their return. We are investing resources into understanding individuals’ motivation for travel and how they are being recruited and we are using that to inform public messaging and community events, to deter individuals from travelling to Syria in the first place. Our operational partners are disrupting individuals who are intent on fighting in Syria, using the range of tools available.

For example, following his return from Syria, Mashudur Choudhury was successfully prosecuted for engaging in conduct in preparation for terrorist acts. We are working intensively with international partners to improve border security in the region. It is right that we should proscribe terrorist groups linked to the conflict in Syria that pose a bar to a political settlement there as well as an increasing threat to the UK. We have already proscribed four groups that are operating in Syria: the al-Musra front, which is part of al-Qaeda; Hezbollah’s military wing; the Kurdistan Workers Party, the PKK; and Ansar al-Islam, also known as Ansar al-Sunna.

Proscribing the groups that we are discussing today will send a strong signal to terrorists operating on both sides of the conflict in Syria and those who may be thinking of joining them. Under section 3 of the Terrorism Act 2000, the Home Secretary has the power to proscribe an organisation if she believes that it is currently concerned in terrorism. Under the 2000 Act, 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.

The Home Secretary takes into account a number of factors in considering whether to exercise that discretion. The effect of proscription is that a listed organisation is outlawed and unable to operate in the UK. It is a criminal offence for a person to belong to, support or arrange a meeting in support of a proscribed organisation or to wear clothing or carry articles in public that arouse reasonable suspicion that they are a member or supporter of a proscribed terrorist organisation.

Proscription can support other disruptive activity, including the use of immigration powers such as exclusion, prosecution for other offences, messaging and EU asset freezes. Given its wide impact, the Home Secretary exercises her power to proscribe only after thoroughly reviewing the available relevant information and evidence on the organisation. That includes open-source material, intelligence material and advice that reflects consultation across Government, including with the intelligence and law enforcement agencies. The cross-Whitehall proscription review group supports the Home Secretary in her decision-making process and her decision to proscribe is taken only after great care and consideration of the particular case. It must be approved by both Houses.

Having carefully considered all the evidence, the Home Secretary believes that ISIL; Turkiye Halk Kurtulus Partisi-Cephesi, or THKP-C; Kateeba al-Kawthar, or KAK; Abdallah Azzam Brigades, or AAB; and the Popular Front for the Liberation of Palestine-General Command, or PFLP-GC, are all currently concerned in terrorism. Although I am unable to comment on specific intelligence, I will go on to provide a summary of each group’s activities in turn.

[Keith Vaz]

The Minister always puts the case very eloquently in respect of these proscription orders, which involve very serious matters. In all the time I have been in this House, the Opposition have never opposed the Government in this regard. Will he tell the House how many people have been successfully prosecuted once those organisations have been proscribed? We have a tendency, rightly, to accept everything the Government say on these orders, but it would be nice to know that at the end of the process somebody has actually gone to jail as a result of them.

[James Brokenshire]

Much proscription has the effect of seeking to prevent people from becoming involved in terrorism and the disruptive effects of that. A range of potential sanctions are available under the Terrorism Act, as well as under proscription. I can tell the right hon. Gentleman that 55 international and 14 Northern Ireland-related terrorist organisations are currently proscribed and that, between 2001 and the end of March 2013, 32 people in Great Britain were charged with proscription offences as a primary offence and 16 were convicted. This is an important power that supports our broader activities in preventing terrorist activity and ensuring that prosecutions are maintained.

[Mr David Winnick (Walsall North) (Lab)]

Obviously, every step that can be taken to protect our people from terrorism should be taken; there is no dispute about that. However, there is a good deal of apprehension among some Government Members, as well as some Labour Members, about secret proceedings. I am speaking in general terms about proceedings in serious criminal cases that are heard largely in secret with all kinds of restrictions placed on reporters, and so on. Is not one of the great values of British justice that it should not only be done but be seen to be done?

--- Later in debate ---

[James Brokenshire]

The hon. Gentleman will remember the debates that we had in this House about the Bill that became the Justice and Security Act 2013 regarding the use of closed material proceedings in civil cases. The point that we made very clearly then was that this is about justice being done, and that many cases could not advance because of the sensitive nature of the material. There is a careful balance, with the oversight of the court, to ensure that evidence can be adduced so that justice occurs. The court will be very conscious, particularly in criminal cases, of the balance to be struck. Matters are heard in camera or not in open court only in very restricted circumstances. I would certainly not wish to give the impression of any move towards some sort of desire for closed justice. Of course, justice needs to happen, and wherever possible and practical it happens in open court. However, in cases where evidence is sensitive and relies on intelligence material, there will need to be different processes, and in the interests of justice that should be maintained.

[Mr Winnick]

I recognise that during proceedings where defendants are being tried some very sensitive evidence should not be disclosed—there is no dispute about that—but when the proceedings are virtually heard entirely in secret, there is bound to be controversy.

[James Brokenshire]

I am not aware of significant numbers of cases that are being heard in the way that the hon. Gentleman suggests. It would be inappropriate to seek to interfere with the judgment of the court. The court will assess the evidence before it and determine what is appropriate in the handling of criminal cases.

However, this is a broader issue that we have debated on previous occasions, and it is appropriate for me now to return to proscription and the different organisations that are under careful scrutiny by this House today.

[Mike Gapes (Ilford South) (Lab/Co-op)]

The explanatory memorandum states that one of the organisations on the proscribed list, the Popular Front for the Liberation of Palestine-General Command, has been involved in various forms of terrorist-related activities since 1968. Will the Minister explain why that organisation has not been on a proscribed list—this is a point against all Governments—since then? Why is it only now, when it seems to be fighting on behalf of the Assad regime, that we are listing it? It has been carrying out terrorist actions against Israel and elsewhere for a number of years, but it is only now, suddenly, that it appears on a list.

[James Brokenshire]

I was just about to come on to the specific aspects of each of the organisations, including the PFLP-GC. Home Secretaries of whichever Government will consider proscription based on a number of different factors, including the nature and scale of an organisation’s activity; the specific threat it poses to the UK; the specific threat it poses to British nationals overseas; the organisation’s presence in the UK; and the need to support other members of the international community in tackling terrorism. Organisations will be considered against those factors, and timing issues may determine whether an organisation should be proscribed at any given moment. I hope it will help the hon. Gentleman if I address each of the organisations in turn. Perhaps that will give him some assurance of the consideration that is being given and why action is appropriate at this time.

The Islamic State of Iraq and the Levant is a brutal Sunni Islamist terrorist group active in Iraq in Syria. The group adheres to a global jihadist ideology, following an extreme interpretation of Islam that is anti-western and promotes sectarian violence. ISIL aims to establish an Islamic state governed by sharia law in the region and uses violence and intimidation to impose its extremist ideology on civilians. ISIL has previously been proscribed as part of al-Qaeda. However, steps taken by al-Qaeda’s senior leadership to sever ties with ISIL have prompted consideration of the case to proscribe ISIL in its own right.

The House will also be aware not only that ISIL poses a threat from within Syria, but that in the past two weeks it has made significant advances in Iraq. The threat from ISIL in Iraq and Syria is very serious and shows clearly the importance of taking a strong stand against the extremists.

As I have indicated to the Chair of the Home Affairs Committee, we are aware that approximately 400 British nationals have travelled to Syria and some of them will inevitably be fighting with ISIL. It appears that ISIL is treating Iraq and Syria as one theatre of conflict and its potential ability to operate across the border is a cause for concern for the whole international community.

In April 2014, ISIL claimed responsibility for a series of blasts targeting a Shi’a election rally in Baghdad. The attacks are reported to have killed at least 31 people. Thousands of Iraqi civilians lost their lives to sectarian violence in 2013, and attacks carried out by ISIL will have accounted for a large proportion of those deaths.

ISIL has reportedly detained dozens of foreign journalists and aid workers. In September 2013, members of the group kidnapped and killed the commander of Ahrar ash-Sham after he intervened to protect members of a Malaysian Islamic charity.

In January 2014, ISIL captured the Al-Anbar cities of Ramadi and Falluja, and it is engaged in ongoing fighting with the Iraqi security forces. The group also claims responsibility for a car bomb attack that killed four people and wounded dozens in the southern Beirut suburb of Haret Hreik.

ISIL has a strong presence in northern and eastern Syria, where it has instituted strict sharia law in the towns under its control. The group is responsible for numerous brutal attacks and a vast number of deaths. The group is believed to attract foreign fighters, including westerners, to the region, and has maintained control of various towns on the Syrian-Turkish border, allowing the group to control who crosses, and its presence there has interfered with the free flow of humanitarian aid.

ISIL is designated as a terrorist group by both Canada and Australia, and as an alias of al-Qaeda by the US, New Zealand and the United Nations.

Turkiye Halk Kurtulus Partisi-Cephesi, also known as the People’s Liberation Party/Front of Turkey, is a left-wing organisation. It was formed in 1994. The group grew out of the Turkish extreme-left revolutionary youth movements that formed in the 1960s and 1970s. THKP-C now operates as a pro-Assad militia group fighting in Syria, and it has developed increased capabilities since the Syrian insurgency. It is assessed as having been involved in an attack in Reyhanli in Turkey last May, which killed more than 50 people and injured more than 100 people. Its leader, Mihrac Ural, holds Syrian citizenship and was born in the southern province of Hatay, where the organisation has always been most prominent. Ural has formed several other groups under the THKP-C umbrella, including Mukavamet Suriye, which is reported to have been responsible for the recent Banias massacre, which killed at least 145 people.

Kateeba al-Kawthar describes itself as a group of mujaheddin from more than 20 countries that seeks a just—as it perversely says—Islamic nation. It is an armed terrorist group fighting to establish an Islamic state in Syria. It is aligned to the most extreme groups operating in Syria, and it has links to al-Qaeda. Abu Musab, who is also known as Rabah Tahari, a western mujahed commander, is its leader. The group is believed to have attracted a number of western foreign fighters, and it has released YouTube footage that encourages travel to Syria and asks Muslims to support the fighters.

The Abdallah Azzam Brigades is an Islamist militant group, aligned with al-Qaeda and the global jihad movement, that is currently fighting in Syria and Lebanon. It began operating in Pakistan in 2009. The Lebanese branch uses the name Ziyad al-Jarrah Battalions. It is named after the Lebanese 9/11 hijacker Ziyad al-Jarrah, who participated in the hijacking and crash of United flight 93.

The AAB has increased its operational pace since the onset of the Syrian insurgency, claiming responsibility for a rocket attack launched from Lebanon into northern Israel in August 2013. In November 2013, it claimed responsibility for a double suicide bombing outside the Iranian embassy in Beirut, which killed at least 22 people and wounded more than 140 people. On 19 February 2014, the group’s recently established media wing, the al-Awzaey Media Foundation, announced on Twitter and YouTube that the group claimed responsibility for two suicide bombings near the Iranian cultural centre in Beirut, killing 11 people and wounding 130 people, in revenge for actions by Iran and Hezbollah in Lebanon and Syria. The group has threatened to launch further terrorist attacks, and it has demanded that the Lebanese Government free imprisoned jihadists. It has also threatened attacks on western targets in the middle east. It was listed as a terrorist group by the US in May 2012.

Popular Front for the Liberation of Palestine-General Command is a left-wing nationalist Palestinian militant organisation. It was formed in 1968. It is based in Syria, and it was involved in the Palestine insurgency during the 1970s and 1980s. It is separate from the similarly named Popular Front for the Liberation of Palestine. From its outset, the group has been a Syrian proxy. The PFLP-GC has been fighting in the Syrian war in support of Assad, including in the Yarmouk refugee camp in July 2013. The group has also issued statements in support of the Syrian Government, Hezbollah and Iran. It has been designated as a terrorist group by the US, Canada, Israel and European Union.

[Mike Gapes]

I understand from the explanatory memorandum that the organisation was involved in training Hamas and the Palestinian Islamic Jihad, which are already listed as proscribed organisations by our Government. Why has it taken so long for it to be listed as a terrorist organisation?

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[James Brokenshire]

I have explained to the hon. Gentleman the factors that are taken into account. Indeed, a range of other measures under the Terrorism Acts can be taken against those involved in terrorist activities. The Government have to strike a careful balance in considering whether different organisations should be proscribed, taking into account the relevant factors that I have already explained to him.

Our determination is that it is now right to add the PFLP-GC, along with the others listed in the order, to the organisations proscribed in schedule 2 to the Terrorism Act 2000. Our judgment is that all five groups are concerned in terrorism and are active in or linked to the Syrian conflict, where their activities undermine the prospect of a peaceful settlement and fuel a conflict that is significantly increasing the terrorism threat to the UK. That is why we judge that proscription should take place. I hope that the House will support that in the debate.

--- Later in debate ---

[James Brokenshire]

With the leave of the House, I hope to respond briefly to a number of points that have been raised in the debate this afternoon. I welcome the broad support that the order before the House has received on all sides, reflecting the cross-party focus on the security of this country and the desire to see that our citizens are protected appropriately. I recognise that and I recognise a number of the comments that have been made.

I wish to underline my commitment to observe the courtesies of the House in respect of the release of information to the Speaker and the Opposition, and to assure the House that it is my clear focus and intent that information is supplied appropriately to Members, and that details are provided to the Opposition at the same time as orders are laid. The hon. Member for Kingston upon Hull North (Diana Johnson) recognised that I responded promptly when I was made aware of her point of order on the Floor of the House earlier this week. I give that assurance to Mr Speaker and to right hon. and hon. Members because I take the processes and proceedings of the House extremely seriously, and it is important that we adhere to them. I assure the hon. Lady that no prior authorisation was given by Ministers or special advisers in relation to any of the matters to which she referred. We are still examining the facts and circumstances of the case that she drew to the attention of the House.

[Bob Stewart (Beckenham) (Con)]

Will my hon. Friend confirm that he did not mean to say that a special adviser would give authority to anyone?

[James Brokenshire]

I do not know whether my hon. Friend heard the point that the hon. Lady made earlier. I was responding specifically to her point, which I have sought to address in correspondence as well.

On the substance of the orders, I welcome the support and the recognition that they fit into the broader approach and our strategy in confronting and combating those who seek to become involved in terrorism by virtue of their travel to Syria, the ongoing conflict in that arena, and the risk posed by foreign fighters. I have already spoken about the numbers that we believe have been involved, and there are foreign fighters across the EU as well who have travelled. A number of foreign fighters are involved in Syria and, as the crisis in Iraq extends further, they may transfer there.

On the point that the hon. Member for Ilford South (Mike Gapes) highlighted in respect of the situation in Iraq, he will have heard the comments of the Prime Minister and the Foreign Secretary over the past few days on this extremely serious situation. The UK supports the Iraqi Government in their fight against terrorism. We are taking action in three areas—promoting political unity among those who support a democratic Iraqi state and stability in the region, offering assistance where appropriate and possible, and alleviating humanitarian suffering. The Prime Minister made clear yesterday the additional funding that was being made available in respect of that last point.

We have made it clear that this action does not involve planning a military intervention by the UK. We are urging the Iraqi Government to take effective measures to organise their security forces and push ISIL back from the areas that it has occupied, while protecting civilian life, infrastructure and vital services. Any action by the Iraqi Government must include an inclusive approach to bring Iraqi leaders together.

Both the hon. Lady and the Chair of the Select Committee referred to Prevent, and to steps that we can take to prevent people from travelling and becoming involved in potential terrorist activity. I will make a number of brief points about that. The Government are giving key messages on not travelling to Syria. People who want to travel for humanitarian reasons risk coming into contact with terrorist organisations, given the parts of Syria that are controlled by extremist organisations. Although today’s debate has focused on the listed organisations, with much of the focus, understandably, on the operations of ISIL, it is important to underline that there are groups such as the al-Nusra Front and other extremist organisations that share the al-Qaeda narrative and the desire to create a global caliphate. People may come into contact with such groups, which have aspirations to attack the west. It is important to understand and recognise the diverse and dynamic threat from Syria, and to acknowledge the humanitarian support provided by this Government—£600 million—in the aid effort. It is important to reiterate, for those who wish to help for genuine humanitarian reasons, that the best way to do that is through the UK’s humanitarian aid agencies that are supporting that effort, recognising the importance that the UK Government place on providing significant financial aid to those in severe need as a consequence of displacement and the ongoing conflict in Syria.

It is important to stress, too, that we are providing targeted messages through Prevent officers and the Prevent programme, highlighting the reasons why travel to Syria is not appropriate and the risks that it poses. Right hon. and hon. Members will no doubt have noted the comments from Deputy Assistant Commissioner Helen Ball of the Metropolitan police about the role of mothers and family members in extolling the right messages. There are a number of different strands to ensuring that we prevent travel, in addition to measures such as the use of port stops under schedule 7 of the Terrorism Act, the use of the royal prerogative to take passports away when the intent to become involved in terrorist activities is clear, and indeed the use of deprivation of citizenship—a topic recently debated in the House.

[Dr Matthew Offord (Hendon) (Con)]

I have chosen my moment to intervene carefully. I have heard a lot of discussion about confiscating passports and preventing people from travelling. On certain occasions, people will travel and we will not be able to identify them beforehand. Such people are most likely to go through Turkey. As British subjects, we are required to have a visa for travel to Turkey, so will the Minister outline what actions he is taking, together with the Turkish Government, to identify people going into the country in order to travel on to the Levant, Syria or Iran or indeed coming back again?

[James Brokenshire]

I hope my hon. Friend will understand that it would not be appropriate for me to go into detailed operational discussions or intelligence issues. I can assure him, however, that we are in ongoing discussions with Turkey and other Governments, including at the European level. A number of EU countries have similarly seen their citizens travel to Syria, so there is some good co-ordination of activities, although there is still more work to be done.

On the issue of people returning, it is important to underline the arrests and prosecutions that have taken place. In the last 18 months, about 65 have been arrested. To put that in greater context, since 1 January this year, we have been notified of 50 Syria-related arrests, and 21 people suspected of being involved in travelling to or from Syria. Nine charges have been brought thus far. That shows that continuing operational activity, including broader disruptive and preventive activity, is taking place.

It is also important to underline the need for vigilance, which was highlighted by the Chair of the Select Committee in his comments about Yemen. There is an enduring threat from al-Qaeda in the Arabian Peninsula, which operates within Yemen. Al-Shabaab has come to the fore for some appalling atrocities that it has committed, and I could mention various other groups linked to al-Qaeda. The vigilance of our security services, police and Government is crucial. Terrorist risks are linked to the ongoing Syrian conflict, and I have spoken on a number of occasions about the enduring risk as a consequence. We need to remain vigilant against threats from wherever else they come. In that context, the hon. Member for Ilford South rightly highlighted the global connections of terrorism.

The hon. Gentleman also rightly mentioned the need for us to underline the contribution that British Muslims make to our country. I endorse that very clear message. Last summer, we saw some attacks on mosques and the appalling murder of Mohammed Saleem in the west midlands. During my visits then and since, I have been struck by the strength of communities across our country in coming together to stand against and oppose violence or threats to any part of our wider community.

My hon. Friend the Member for Finchley and Golders Green (Mike Freer) highlighted the need to keep matters under review and to be vigilant. I wholly endorse that. We monitor these issues closely, and where new names need to be used, aliases may be added to the proscription list. If something looks like a front for an existing proscribed organisation, prosecutions and other activities will not be prevented from happening.

Finally, the Chair of the Select Committee made a point about my responsibilities. If I recall correctly, Tony McNulty and other previous security Ministers have had other responsibilities as well—for policing, for example—so it is not a simple role that can be taken in isolation. I noted the right hon. Gentleman’s comments, but some uses of immigration powers have helped to underline the connections between the different strands—how we use our Border Force and the warnings index, for example. Use of advanced passenger information is important, too, to prevent those suspected of terrorism from getting on to flights in the first place.

I welcome the support for the order today. I think it will send out a very strong message and underline the Government’s commitment to dealing with terrorism and the serious issues we face in respect of Syria, Iraq and elsewhere.

Question put and agreed to.

Resolved,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2014, which was laid before this House on 16 June, be approved.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I inform Members that I intend to allow approximately equal time to each of the two debates proposed by the Backbench Business Committee. If all Back Benchers who have indicated that they wish to speak are to be given the opportunity to do so, it would be helpful if Back-Bench Members took approximately 10 minutes—and no more. I shall not impose a time-limit now, trusting to Members’ decency in considering others as well as themselves. We will see how that works.