Draft Terrorism Prevention and Investigation Measures Act 2011 (Continuation) order 2016

James Cleverly Excerpts

Wednesday 26th October 2016 General Committees

[Dr Huq]

As always, my right hon. Friend makes an excellent point. It is true that we want to know what happened to Mohammed Ahmed Mohamed, who was disguised in a burqa, and Mr Magag, and it is right and proper that we know. My right hon. Friend anticipates my point a little. Although we support these measures, we do not want to give the Government a completely free ride and we believe that TPIMs could be made even better, so I will ask some questions.

The Minister pointed out that the balance of probabilities test replaced the previous one of reasonable belief of involvement in terrorist activity. That is all well and good. The higher legal threshold was enacted, which shows again that the Government were not getting softer; they were getting harder on some things. We are pleased about such changes, and he also pointed out other measures such as the extension of the sell-by date.

I am pleased that both changes I have touched on were acted on by the Government and that those recommendations were implemented under the 2015 Act. The changes to restrict where an individual may reside were accepted in full. The legal threshold was changed, so that the Home Secretary had to be satisfied on the balance of probabilities rather than just reasonable belief. That is not exactly what the independent reviewer asked for. He recognised, however, that that key change to the legislation increased the legal threshold.

I have a couple of questions for the Minister and I will be taking notes on whether he answers. Does he agree that the process was an example of the independent reviewer offering effective post-legislative scrutiny that as a result has made us all more secure and increased public confidence in our counter-terrorism laws? If so, does he also agree that we need that same model of independent post-legislative review if the Government move forward with their proposed counter-extremism legislation? Hon. Members will be aware that that recommendation was made by the independent reviewer to the Home Affairs Committee under the chairmanship of my right hon. Friend.

Section 21 of the 2011 Act allows the Secretary of State’s TPIM powers to be renewed every five years so long as she has consulted the independent reviewer, the intelligence services commissioner and the director general of the Security Service. We are now at that five-year date, which is why the draft order is before us. I hope that the Minister can assure the Committee that the Secretary of State has indeed conducted those statutory consultations and that all recommended that the powers be renewed.

I note that the 2011 Act does not require the Government to publish the advice given by the independent reviewer, the intelligence services commissioner or the director general of the Security Service during the consultation. There may be national security issues here, but I wonder whether the Minister is willing to make that advice public, perhaps in redacted form so that nothing too sensitive slips out.

[James Cleverly (Braintree) (Con)]

Does the hon. Lady concede that, particularly when counter-terrorism and national security are involved, the fact that some bits of information are put into the public domain and others are not in itself can give intelligence to the very people we are trying to protect the British people from?