Counter-Terrorism and Security Bill

Debate between James Brokenshire and Richard Shepherd

Tuesday 6th January 2015 Commons Chamber

[Sir Richard Shepherd (Aldridge-Brownhills) (Con)]

I greatly appreciate the speech that we have just heard. It reflects many views that I have held for a very long time. The fear that I express about the current provisions of the Bill is not a criticism of the Ministers who introduced them, but it echoes some of the comments that have just been made by my hon. Friend the Member for Esher and Walton (Mr Raab).

When we undergo the whole process of facing the state as individuals, we are at a great disadvantage. I would not know which of our celebrated barristers was the effective one; I would not know how to protect myself adequately; I might not speak the language properly; I might not entirely understand the customs of the country in which I live. But what we are looking at in the Bill is surely beyond the exigencies of this moment. How is it that we reconcile our people, of all origins and all faiths? How is it that this land returns to the one that in my fictional memory was a happy, secure, less threatening place than it appears today?

I have a fear about the Bill and in particular about not allowing our traditional processes of proper judicial supervision or not being able, through the courts, to look at whether or not something is reasonable. It is that, in our fear for our own people, for those who were born here, we undermine the concept of allegiance and loyalty to the Crown and, more importantly, to our fellow citizens and our own country. That is why I am very cautious.

The power of the state grows greater; I hear echoes of that. It is true. In exigencies and times of threat and worry, we demand more and more of the compulsion of the state to answer our problems, but as has been pointed out, we have had more and more legislation on these difficult areas. A barrister may not know what their client is accused of. Secret courts have come into existence. All that is a modern feature.

During the second world war, we had the defence of the realm Acts. We are not there yet, but this is a compulsive process. My hon. Friend the Member for Gainsborough (Sir Edward Leigh)—Gainsborough, what a wonderful name—seems to think that the rule of law is just what the public want. I am a democrat and I believe that we exercise the right, and will do so shortly again, to determine where these fundamental decisions are made and who makes them. People say, “But the public demand,” but is it not the duty of the House to reflect on whether the outcome of that demand is the appropriate response? All I am asking in support of those who support the amendment is, should we not stand up for the processes in which we have trust, or had trust, and should we not be very cautious in the actions we take?

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

This has been a carefully considered and good debate. Some hon. Members have highlighted that, on previous occasions when we have discussed counter-terrorism legislation, the atmosphere has been quite febrile—perhaps there was a charged environment. Some have said today that it would almost be better if there were that charged atmosphere. However, we have had careful scrutiny, careful consideration and a close examination of the provisions on TEOs. I think that that adds to the debate and the discourse that we have had in the House.

I would also highlight the measured approach that the Government seek to take in ensuring that, in bringing measures to the House, we strike the right and appropriate balance, recognising a number of the points raised by right hon. and hon. Members during the debate. The Government have a proud record of upholding the rights of the individual and upholding civil liberties, including the right to privacy. We have abolished 28-day pre-charge detention and replaced control orders with a more proportionate regime. We have got rid of the draconian ID cards Bill. All that underpins the careful and considered approach that the Government take on these matters.

However, it is the first duty of any Government to keep their citizens safe. Again, that has been reflected in a number of the contributions that we have had. We must reassure the public that our security and intelligence agencies and the police have the powers they need at this time of a raised level of threat, of the situation in Syria and of travelling jihadists. We must ensure that we have measures on the statute book that are able to deal with that. That is precisely what the measures in the Bill, particularly the TEOs, provide.

Immigration Bill

Debate between James Brokenshire and Richard Shepherd

Wednesday 7th May 2014 Commons Chamber

[James Brokenshire]

A number of my hon. Friends are trying to intervene. I give way to my hon. Friend the Member for Aldridge-Brownhills (Sir Richard Shepherd), who has not intervened on me thus far.

[Sir Richard Shepherd (Aldridge-Brownhills) (Con)]

I am very grateful to the Minister. This proposal is predicated on the fact that the Home Secretary will act rationally and reasonably, but—[Laughter.] No, I do not see that as funny at all. I want to know how the people of Britain will know that the action has been taken in a rational and reasonable way, when it is obscured from public view, and is therefore challengeable.

[James Brokenshire]

I will make two points in answer to my hon. Friend. First, the decision of the Secretary of State would be reviewable by the courts. It would, therefore, be open to the individual to challenge the decision and the reasonableness of the Home Secretary’s determination. Secondly, I point him to amendment (b), under which there will be an independent review of the power, which will report after one year and then on a rolling three-yearly basis. That will provide clarity about how the power is being used and give the reassurance that he has sought to exact.

--- Later in debate ---

[Sir Richard Shepherd]

rose—

[James Brokenshire]

I will take one further round of interventions, then I will make some progress.

--- Later in debate ---

[James Brokenshire]

In those circumstances, the Home Secretary would have exercised her power to deprive, so the case does not relate to the specific power under discussion. Obviously, we are able to deprive somebody of citizenship, whether they are in the UK or outside the UK, under the existing powers. That is an important mechanism for maintaining national security and ensuring that the actions of an individual who may be involved in terrorism are addressed by restricting their ability to become involved in terrorism-related activity and by preventing travel that might be a key component of terrorism-related activity. That underlines the importance of deprivation as a means of addressing the very small cohort of individuals who would seek to do us harm.

[Sir Richard Shepherd]

rose—

[Alok Sharma (Reading West) (Con)]

rose—

--- Later in debate ---

[James Brokenshire]

It is not about that at all. I am sorry that the hon. Lady may have missed some of my earlier comments, although I appreciate that she has been watching from afar. As I stated earlier, the provision is about dealing with a small cadre of individuals who may have waived or surrendered their previous citizenship as a means of frustrating the Government’s attempts to guard our national security by using our existing deprivation powers. The Home Secretary would need reasonable satisfaction in exercising the power to deprive. It would then be open to the individual in question to take whatever steps they needed to take to regularise their position. We are closing a gap that the Labour Government left us by virtue of the changes that they made in 2002 and built on in 2006. The Supreme Court highlighted that gap in the al-Jedda case. Our proposal is intended to guard our national security.

We recognise the comments that have been made here and in the other place, but Lords amendment 18 would prevent deprivation of citizenship from being pursued in the case of an individual who had no recourse to another nationality. Every country operates its own nationality law, and there are a range of requirements and eligibility criteria. As part of the “reasonable grounds” consideration, the Home Secretary will of course consider whether there are any legal points that would prevent an individual from regaining their former nationality. The individual in question will retain a full right of appeal, which will be to the Special Immigration Appeals Commission. The courts will be able to consider whether the Home Secretary was correct to conclude that there were reasonable grounds to believe that that person was able to become a national of another country or territory under its laws.

As the Government have stated in both Houses, the proposal to extend the Home Secretary’s powers to deprive citizenship is an important and timely measure to strengthen the security of the UK. It has rightly been subject to substantial debate, and to scrutiny by the Joint Committee on Human Rights and Members of both Houses. We do not agree that a small Committee from each House would be the right place to consider the matter. It would not have access to the appropriate closed material to make further assessments beyond what has already been discussed in the House. Having such a Committee would also cause unnecessary delay, leaving a loophole to be exploited and creating a barrier to effective action for a considerable number of months, if not years. It is important that we close the loophole in a timely way, which is why the Government have decided to proceed with a narrower measure than we had originally proposed in preference to allowing delays for a Committee to consider the issues.

[Sir Richard Shepherd]

Is the Minister saying, then, that the person deprived of their citizenship will not know the reasons for that, and that the only course of court action will be through SIAC, which is a secret court? We will therefore never know whether the deprivation was justified.

[James Brokenshire]

My hon. Friend will gain satisfaction from the judgment that SIAC will make in each individual case. He will be familiar with debates that we have had on other legislation and with the challenge for any Government of how to handle sensitive material. He will also know the existing case law on the gisting of some material, and that is a matter of active consideration by the courts. I therefore think that the public, the House and the country can be satisfied that if SIAC has considered a matter, it will have done so appropriately and reached an appropriate outcome in respect of the actions by the Secretary of State.