Terrorist Offenders (Restriction of Early Release) Bill

James Brokenshire Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[Robert Buckland]

As ever, my right hon. Friend makes an interesting and thought-provoking point. While I will not go into the individual facts of this case, because it is subject to a police investigation and there is an ongoing inquiry, I will say this. The judgment as to a mental health disorder within the meaning set out in the Mental Health Act 1983 is a matter for two section 12 qualified clinicians—consultant psychiatrists—who will produce clinical evidence that will satisfy a court of the provisions of section 37 of the Act or, indeed, a restriction under section 41, which puts the power of release into my hands. That has to be satisfied on the basis of evidence.

It is important to make a distinction between that clinical approach and the risk assessment that we have to undertake when it comes to those who profess political motivation. It is thought-provoking in the sense that we need to think about a mechanism that would be robust and legally sound but would allow an objective assessment to be made about the risk posed by individuals, even after their sentence has been completed. Public protection has to come to the forefront of our thinking.

I will now describe what we have done operationally since the attack at Streatham. The Prison and Probation Service has taken immediate action to strengthen our operational grip of terrorist offenders and protect the public from any further attacks. The National Probation Service is working closely with counter-terrorism partners. Several offenders on licence have been recalled to prison since the attack, where officers identified concerning behaviour, which relates to the point made by the hon. Member for Stretford and Urmston (Kate Green). We have also instructed prison governors to report any concerns and take any action required. Several terrorist prisoners have subsequently been placed in segregation units as a result of concerns raised by prison staff. The Prison Service is managing the risk of incidents in prisons that may be inspired by, or in response to, the attack at Streatham.

I would like to put on record my thanks to Ian Acheson for his 2016 report on our response to extremism in prisons. In the intervening years, the operating context has changed, and our response has strengthened considerably, but we must go further. We will take all additional steps necessary, including keeping the full list of recommendations in Mr Acheson’s internal report under careful review.

However, we need to take further action urgently to ensure that the public are protected. As we saw in the Streatham attack, we cannot have a situation where an offender—a known risk to the public—is released without any oversight by the Parole Board. The Bill therefore sets out new release arrangements for prisoners serving a sentence for a terrorist offence or an offence with a terrorist connection. There are two main elements to that: first, to standardise the earliest point at which they may be considered for release at two thirds of the sentence imposed; and secondly, to require that the Parole Board assesses whether they are safe to release between that point and the end of their sentence. That will apply to all terrorist and terrorist-related offences where the maximum penalty is above two years, including those offences for which Sudesh Umman was sentenced. Only a very small number of low-level offences, such as failure to comply with a police cordon, are excluded by this threshold, and prosecution and conviction for those offences are rare.

The changes affect those who are serving sentences for a specified offence, whether the sentence was imposed before or after the new section comes into force. Applying this to serving prisoners reflects the unprecedented gravity of the situation we face and the danger posed to the public. The Bill will not achieve its intended effect unless it operates with retrospective effect, and therefore it will necessarily operate on both serving and future prisoners. That does not mean that the Bill will change retrospectively the sentence imposed by the court; release arrangements are part of the administration of a sentence, and the overall penalty remains unchanged. As I outlined earlier, domestic and ECHR case law supports our stance that article 7 is not engaged where the penalty imposed by the court is not altered. The measures in the Bill will also amend the release arrangements for terrorist offenders sentenced in Scotland, which will ensure a consistent approach where possible to the release of terrorist prisoners.

[James Brokenshire (Old Bexley and Sidcup) (Con)]

I commend my right hon. and learned Friend for the introduction of this legislation and dealing with the issue of early release. May I come back to him on a point I have raised previously about how we manage the risk of people who have offended once they have left prison, and about using the availability and enforceability of post-release conditions, and indeed the terrorism prevention and investigation measures regime and its potential application, to give a sense of assurance? Can he comment any further on the next steps and how this can be progressed, because this is clearly an issue that will need to be addressed?

[Robert Buckland]

I am hugely grateful to my right hon. Friend, who, as the House will know, was a distinguished Security Minister and Northern Ireland Secretary, and had to deal with these issues daily. I will say this to him: he will know that the counter-terrorism Bill, which was announced some weeks ago, will be coming before the House soon. There will be measures in it not only on the minimum term to be served for serious terror offences, but on the way in which licence periods will be applied as part of such a sentence. That is clearly one of the most effective ways to deal with this problem—through the criminal prosecution and conviction process.

My right hon. Friend makes a wider point. He will know from having navigated through the House the TPIMs legislation, which has been subsequently strengthened and amended, that there are other circumstances in which public protection will have to play a function in the absence of a conviction. It is on that particular cohort that the Government are placing a lot of attention and concentration. It would perhaps be idle of me to speculate by outlining what precise forms those will take, but it is a dialogue that I encourage him actively to take part in over the next few months and it is something I would want to develop with support from all parts of this House.

Streatham Incident

James Brokenshire Excerpts

Monday 3rd February 2020 Commons Chamber

[Robert Buckland]

I am grateful to the hon. and learned Lady for her remarks about the solidarity that we have across these islands with regard to terrorism.

Let me deal with her last point first. It is important to remember that we in this country stand for the rule of law and due process. That is what marks us out as different from those who rely on the bullet and the bomb—those who use indiscriminate and arbitrary means and methods to impose their will on us. If we stand for nothing else, we have to stand for the rule of law. That makes us better than them, it makes us different and it means that we have something worth defending. I hope that answers the hon. and learned Lady’s latter question.

On the first issue that the hon. and learned Lady raised, as I said, this is an exceptional situation. The issue of retrospective effect is of course a key factor. The important point is that we are talking about the administration of a sentence—the way it is dealt with, as opposed to its length or type. For that reason, it is entirely appropriate to look at the administration of a sentence and I would regard that as a reasonable approach.

The hon. and learned Lady asked about resources. I am happy to tell her that in the past several years, counter-terrorism funding has increased year on year. I repeat the point that I made to the hon. Member for Leeds East (Richard Burgon): resources will never get in the way of our dealing properly and robustly with those who pose a threat to us. The way in which we deal with terrorism continues to evolve, and programmes change and adapt according to the knowledge that we accrue. I will not pretend that we are in a state of grace when it comes to these things, because we are still learning, but make no mistake about it: this country is a world leader and many other states look to us as a beacon because of the way we deal with counter-terrorism and the particular threat that it poses.

[James Brokenshire (Old Bexley and Sidcup) (Con)]

My right hon. and learned Friend is right to underline the fact that the thoughts of the House remain with those affected by this shocking incident, and to commend the work of our police and security services. He has underlined the decisive action that he intends to take in respect of the halfway-point issue, and I commend him on that. Will he look at the issue firmly post the release of offenders and the potential availability of measures such as terrorism prevention and investigation measures to provide the level of safeguard and control necessary to assure the public that if there is risk, it can be managed effectively?

[Robert Buckland]

My right hon. Friend served with distinction as the Security Minister. Indeed, I remember sitting with him in the Bill Committee on the TPIMs legislation some years ago. He and I understand that a distinction is to be drawn between the sentencing process and that particular mechanism, but there is no doubt that there is merit in what he says about the way in which we need to make sure that those who pose a continuing risk are adequately monitored. I will consider his remarks very carefully indeed.

Firearms Control

James Brokenshire Excerpts

Monday 20th December 2010 Commons Chamber

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

I congratulate the hon. Member for Eltham (Clive Efford) on his promotion to the Front Bench and wish him well in his new role. This has been an interesting and well-informed debate, which has highlighted some of the themes that emerge when considering the difficult and, at times, emotive issue of the control of firearms.

People who possess firearms legally usually conduct themselves safely and conscientiously and are among the first to condemn the criminal misuse of firearms. However, following the tragic events in Cumbria and Northumbria, there has been a ready recognition of the need for a debate about firearms laws and licensing. At the outset, I pay tribute to all those who have been touched by those desperately sad events—the families of those who have lost loved ones; the victims who have survived such traumatic incidents; and the police, the emergency services and other organisations, such as Church groups, that have been involved in all those incidents. Our thoughts and prayers are particularly with the families and those who have been touched by this in some way.

During the debate, there have been calls for consideration of the issues to be thorough, proportionate and having due regard to informed opinion on what, as we have heard, is undoubtedly a complex and emotive subject. We have had an interesting and wide-ranging debate that has met all those considerations. As my right hon. Friend the Minister for Policing and Criminal Justice said in his opening remarks, the Government are very much in listening mode, and today’s debate has been invaluable in setting out the main issues and the arguments for and against particular changes to the law. We will reflect carefully on everything that has been said and wish to take into account any other views from interested parties before deciding what further measures might be needed to improve public safety.

We have already taken delivery of Assistant Chief Constable Whiting’s useful and informative peer review of the tragic shootings in Cumbria, and we have also seen the report by Assistant Chief Constable Sue Fish on behalf of ACPO’s criminal use of firearms group. I have met them both since the publication of their reports and discussed with them in detail their recommendations.

In the course of the next two months, we will respond to the recommendations made by the Home Affairs Committee, which has just reported on its own investigation into whether there is a need for changes to the way in which firearm and shotgun certificates are issued, monitored or reviewed as a means of preventing gun violence. We will consider that carefully. As part of that, we will also consider the need for a broader debate and consideration. The Government will seek to strike a balance in ensuring that our controls are targeted fairly and proportionately.

I pay tribute to the hon. Member for Copeland (Mr Reed), who has been unable to be here today for reasons that I fully recognise. I am sure that he will want to be part of the continuing considerations and discussions on this important and sensitive issue. We will seek to continue bilateral discussions with him as matters progress.

I will seek to reply to a number of the points made during this wide-ranging and interesting debate. My hon. Friend the Member for Suffolk Coastal (Dr Coffey) made a well-informed, thoughtful contribution that highlighted many of the themes that come through in Assistant Chief Constable Whiting’s review, as well as the need to grapple equally with the criminal issues and those of the law, which I will reflect on in later comments. As the Chair of the Select Committee has said, those of us with a non-classical education have also been educated in the use of Latin.

I thank the Chair and his Committee for their very helpful and informative report and pay tribute to the detailed and careful examination that they have conducted. I will respond in slightly further detail on the issues relating to age and to the role of doctors, but let me deal now with changes to the law and consolidation. As I said to the Select Committee when I appeared before it to give evidence on this specific point, I recognise that there are two potential themes. The law itself is complex, but so is the way in which it is interspersed in several different pieces of legislation. I therefore hear the calls for consolidation as well as simplification.

We will have to consider the matter carefully, because, as I said to the Select Committee, when one starts to change the law, new avenues for legal challenge can be opened, and there is a lack of certainty attached to new legislation. We will carefully consider the points that have been raised by the Select Committee, and in the interim we will consider the need for revised Home Office guidance to present the existing legislation as clearly and simply as possible. This matter has been raised by other hon. Members, ACPO and other interested parties, and we will consider their points in detail.

My hon. Friend the Member for Carshalton and Wallington (Tom Brake) highlighted the important contribution of firearms in sport, and thereby raised the broader context in which we must consider this issue. He raised a specific issue about arm’s length management organisations in social housing. I have not received any representations on that point, but perhaps there are specific issues with regard to landlords and tenants that fall outside the issues that we have been debating. I am willing to consider any specific points that he subsequently wants to raise.

[Tom Brake]

Does the Minister have a ministerial view, or a personal view, on whether it is appropriate for an ALMO or a council to introduce a ban on the possession at home of legally held firearms?

[James Brokenshire]

There may be matters relating to landlords and tenants. We must consider carefully the issue of storage, as the Home Affairs Committee has done. I am happy to reflect on that matter further, but we must be careful and cautious so that we do not impose restrictions without properly considering their implications. Such restrictions might create more risk, rather than reducing the risk. However, he has fairly highlighted the issue.

The hon. Member for Derby North (Chris Williamson) described the shocking impact of gun crime by highlighting specific examples and issues. This will always be an emotive issue, on which there are strongly held views, and I thank him for bringing that context to this evening’s proceedings. He wanted further clarification on GPs, and I will come to that.

My hon. Friend the Member for Bournemouth East (Mr Ellwood) discussed the Olympics, which is a matter that we have corresponded on and discussed. I have inquired of the Minister for Sport and the Olympics whether the existing restrictions are hampering preparations for the 2012 games, and I am advised that they are not. We will review the arrangements post-2012 to consider whether further changes are required.

[Mr Ellwood]

Only those who have been selected for the squad have been given licences to participate in training in the UK. Will the Minister consider the long term and the legacy of the Olympics? Looking forward to the next games, we will still need to be able to train in the UK.

[James Brokenshire]

I know that my hon. Friend feels strongly about sporting development. As I have said, we have considered the matter with Ministers at the Department for Culture, Media and Sport, and they are satisfied with the current arrangements. We will continue to keep the matter under review after the Olympics.

My hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart) highlighted the issue of shotguns and the different regime of section 1 licences. That point was taken up by my hon. Friend the Member for South Derbyshire (Heather Wheeler). The issue is complex, and we are examining the overlap and the common test of fitness for purpose. A Home Office working group, which includes representatives of the police and shooting interest groups, is working to devise a single application form. That group will look into the feasibility of a single certificate, too, but we recognise the complexity of the arguments involved. As my hon. Friend the Member for Carmarthen West and South Pembrokeshire has said, the devil is in the detail.

It was instructive to hear the contribution of my hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter) on the need for a broader debate on firearms control, and I agree with him. It was equally interesting to hear about his experiences as a doctor.

A number of matters will require further examination and consideration, as the Chair of the Home Affairs Committee indicated. Some may require legislation, but we might be able to deal with some in other ways. On that point, doctors have an important role to play and we welcome the agreement between the British Medical Association and the Association of Chief Police Officers that the police will notify a GP of the grant or renewal of a firearms or shotgun certificate. They are seeking to implement the arrangement within six months, and in essence it will involve a system of notification by way of a standard letter. That will mean that GPs are in a position to alert the police if they have concerns, and the police will then be able to request a medical report under the procedures that normally apply to licensing.

ACPO will now draw up a more detailed paper on the matter, and the BMA will produce guidance for doctors. The system is a welcome step forward, and there will be further discussions about the possibility of placing a marker on computerised medical records to create a more enduring record of which patients own a firearm. A number of privacy and other issues mean that that requires detailed consideration, but I welcome the steps that have been taken thus far.

On the matter of age, it is important to remember that the police grant a certificate only if they are satisfied that a gun can be held safely and without risk to the public. That means that a young person is subject to the same checks regarding suitability, storage and so on as an adult. In such cases, it is usual that the young person’s parents or another responsible adult will supervise them and take responsibility for the weapon when it is not in use. As my right hon. Friend the Minister for Policing and Criminal Justice said earlier, the Government believe that it is important to focus on whether shooting activities are conducted safely and responsibly. We have received no evidence to date that there has been any misuse as a result of the existing provisions, but we will reflect on the concerns that have been raised both in the Home Affairs Committee’s report and in the debate today.

There is much for the Government to take away from today’s debate. We will genuinely reflect on what has been said, along with the other sources of evidence and opinions. The focus of this evening’s debate has largely been on the legal holding of weapons, but we recognise the important contribution of the National Ballistics Intelligence Service, which has done extraordinarily good work in setting out the intelligence picture on the illegal use of weapons. We are also looking to strengthen the approach to serious organised crime through the creation of the national crime agency, which will be an important step forward in bearing down on such crime. We will also deal with the criminal gangs that often sit behind the use of illegal weapons and the sad tragedies that affect many of our communities.

We will form a view on what more might be done not only to help prevent further tragedies, such as those in Cumbria and Northumbria, but to ensure that we have effective and proportionate firearms controls. Although we have stringent firearms controls—Assistant Chief Constable Whiting has said that they are “robust”—we keep them under review and are prepared to tighten them further if necessary. The Home Affairs Committee’s report, the input of ACPO and others and the points made in today’s debate are important contributions in that regard, and all options are open for discussion.

Question put and agreed to.

Resolved,

That this House has considered the matter of firearms control.