Prevention and Suppression of Terrorism

Jeremy Corbyn Excerpts

Wednesday 2nd March 2011 Commons Chamber

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

I beg to move,

That the draft Prevention of Terrorism Act 2005 (Continuance in Force of Sections 1 to 9) Order 2011, which was laid before this House on 3 February, be approved.

The purpose of the order before the House is to renew sections 1 to 9 of the Prevention of Terrorism Act 2005 pending their repeal and replacement with an alternative regime. These sections expire after one year unless renewed by order, subject to affirmative resolution in both Houses. The effect of this order will be to maintain the control order powers until the end of 31 December 2011. As the Home Secretary said to the House on 26 January, this limited renewal is to allow us to bring forward the legislation introducing a replacement system.

I would like briefly to set out the context for the proposal before the House. As the Prime Minister has said, the threat to the UK from international terrorism is as serious as we have faced at any time. It is assessed by the joint terrorism analysis centre to be “severe”. A number of significant terrorist plots have been uncovered over the past year. Recent trials and investigations show that terrorist networks are continuing to plan and attempt to carry out attacks. That threat will not diminish at any point soon.

Against this background, and given our commitment to redress the balance in our counter-terrorism powers, the Government conducted a review of counter-terrorism and security powers which considered the necessity, effectiveness and proportionality of control orders.

[Jeremy Corbyn (Islington North) (Lab)]

Have any of the people whom the Minister is concerned about—who may or may not be plotting terrorist attacks—at any time been subject to a control order or considered for a control order?

[James Brokenshire]

The hon. Gentleman will appreciate that it is not appropriate for me to comment on such sensitive security issues. I can tell him that the review we undertook underlined that the Government’s absolute priority must be to prosecute suspected terrorists in open court. Measures that impose restrictions on suspected terrorists who have not been convicted in open court should be our last resort. As far as possible, given the need to protect the public, any restrictions should support the primary objective of prosecution.

The review concluded that for the foreseeable future, there is likely to continue to be a small number of people who pose a real threat to our security, but who, despite our best efforts, cannot be prosecuted or, in the case of foreign nationals, deported. As at 10 December 2010, eight individuals were subject to control orders. Our reluctant assessment is that there will continue to be a need for a mechanism to protect the public from the threat that such individuals pose. Lord Carlile reached the same conclusion in his most recent and last independent report on control orders. Consequently, he and the other statutory consultees support the proposal to renew the control order powers. I am sure that hon. Members from all parts of the House will join me in thanking Lord Carlile for his work over the past 10 years.

The review also concluded that it is possible to move to a system that will protect the public but be less intrusive and have more clearly and tightly defined restrictions. In particular, the two-year maximum time limit clearly demonstrates that these are targeted, temporary measures. It will be possible to impose a further measure only if there is evidence of new terrorism-related activity after the original measure was imposed. Measures will have to meet the evidential test of reasonable belief that a person is or has been involved in terrorism-related activity. That is higher than the test of reasonable suspicion of such involvement in the control orders regime. The police will be under a strengthened legal duty to inform the Home Secretary about an ongoing review of a person’s conduct with a view to bringing a prosecution. A more flexible overnight residence requirement will replace the current curfew arrangements.

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[James Brokenshire]

I am aware that my hon. Friend has introduced a Bill, although it would not strictly apply in the context of this debate on control orders and the new proposals that we are seeking to introduce, given that his Bill applies to provisions allowing for detention. That means that it would not affect these measures, because they do not allow for detention. I note that he has sought to introduce his Bill, but I do not think it is directly relevant to this debate.

[Jeremy Corbyn]

Is the Minister aware that the objection that many of us have to the principle of control orders is that they are effectively a form of Executive control and not subject to judicial review in the normal way? What we need is criminal law to deal with criminals, rather than Executive fiat to deal with people about whom the Security Service might or might not have suspicions.

[James Brokenshire]

I certainly hear the point that the hon. Gentleman is making. As I have already stressed, our preference is always to bring prosecutions and to bring people before the criminal law. I must also highlight my previous comment on the compliance with the ECHR of the provisions before us. These measures are always used only as a last resort.

We are currently preparing legislation to introduce the replacement system. I am anxious that the passage of that legislation should follow due process, and that it should be subject to the intense scrutiny that I know Members of this House and the other place will rightly bring to bear on it. Hon. Members will understand that these are complex issues, and I am sure that they will share my desire to ensure that we get the new provisions right. While the process is under way, it would not be responsible for us to leave a gap in public protection between the repeal of control orders and the introduction of the replacement regime. Our intention is that there should be a safe and managed transition to the new system. This means that, until the new system is introduced, we need to retain the full range of control order powers. The alternative would be to allow individuals who pose a threat to the public to go freely about their terrorism-related activities for the remainder of the year.

This is the last occasion on which the House will be asked to renew these powers. The Government will shortly bring forward a more targeted and focused regime to protect the public. Before the transition to that new regime is complete, the risk to the public would be grave indeed were control order powers not renewed. I therefore ask the House to approve the renewal of those powers for the transitional period.

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[Patrick Mercer (Newark) (Con)]

It is a pleasure to follow the hon. Member for Bradford South (Mr Sutcliffe). Many of his comments, and his support for the Government, were not unexpected.

I sometimes wonder how much time we consume in the House of Commons dealing with apparently insignificant affairs. For instance, having had a grand total of—I think—nearly 30 individuals under control orders at one stage, we are now down to eight, so we find ourselves devoting many minutes, if not hours, of parliamentary time discussing the fate of eight individuals. That is important. However, what concerns me most is that the previous Government imposed control orders that are fundamentally wrong, misapplied and undemocratic—they are fundamentally a help to our enemies—but did not seem particularly bothered when individuals who were subject to them under the previous regime absconded or escaped.

That is the point. I pay huge tribute, as the hon. Gentleman did, not only to the work of Lord Carlile, but to the work of our security services, who have foiled or plain put off any number of extremely dangerous plots. However, the fact remains that although the eight individuals about whom we are speaking today are not numerous, they are a totem for our enemies.

[Jeremy Corbyn]

I am interested in the hon. Gentleman’s opinions, but, as the Minister said earlier, there are no charges against those eight individuals, and there is apparently no possibility of deporting the foreign nationals involved. Does the hon. Gentleman share my concern that the House will vote through Executive orders that control and change people’s lives entirely when no criminal charges have been laid against them?

[Patrick Mercer]

The hon. Gentleman’s intervention is helpful and timely, and I completely agree with him. The difficulty is that we are detaining those individuals undemocratically and improperly, which plays directly into the hands of our enemies.

Our foes—be they Islamist fundamentalists, direct action groups or animal rights groups, Irish individuals or whatever—all understand the power of propaganda. The one thing at which they are good is broadcasting their word. They understand that the spoken, the written and the broadcast word are more powerful than any bullet or bomb.

Before Christmas there was a series of events, with which I shall not detain the House, involving a serious plot against western Europe—a core al-Qaeda plot—that both failed and was foiled. To replace that failure in the eyes of the public, an extraordinarily ill-thought-through plot was mounted from Yemen involving ink cartridge containers on a certain number of aircraft—cartridges that, frankly, were unlikely ever to explode. However, for very little effort, our enemies dominated the media for four complete days at the end of October last year, making the point that terrorism had not gone away and that they still intended to terrorise people. They did so without killing or injuring anyone, and with very little effort on their part.

The point is that with control orders we continue to aid and abet our enemies in exactly those methods of operation. First and foremost, we fought Nazism, communism and Irish republicanism without having to resort to any of those methods, because we were a democratic nation fighting on democratic principles against non-democratic enemies.

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[Jeremy Corbyn (Islington North) (Lab)]

I am grateful for being called to speak and I am sorry that it looks as though there are not enough Members present to call a Division later. I personally believe that these are very serious matters and I have opposed control orders in the previous Parliament as well as in this one, so at least I have the benefit of consistency on this matter.

I oppose control orders not because I have any truck with those who wish to set off bombs in the cities of this or any other country. Indeed, my borough lost more lives on 7/7 than any other London borough, and attending those funerals because of what happened on that day is not easily forgotten. My concern is that Parliament is again voting through provisions that give extraordinary powers to a Secretary of State, who is able to impose a control order on an individual without recourse to a due process of law.

As the Minister said, these are people against whom no criminal charge could be brought and they cannot be deported, presumably because of the lack of convention applicability in the countries to which they might be deported. We do not know, of course, who these eight individuals are. I think that for Parliament to give such powers to any Secretary of State is an abdication of our responsibility for two reasons. First, the separation of judicial and political functions is central to the constitution and very important. We are not a court; we cannot put people on trial. We can pass laws, and it is for the courts to deal with them in a separate place. Secondly, if by this process we deny individuals access to any judicial process whatever and people are restricted and to some extent detained by Executive decision, that bypasses both ourselves as a Parliament and the independence of the courts. We should think very carefully about that.

We are apparently dealing with eight individual cases and I have no idea who those eight people are. I do not propose to discuss any of those cases; that is not the point. The point is one of principle relating to what we as a Parliament are doing. If this measure is part of the war on terror, I ask Members to remember what the hon. Member for Newark (Patrick Mercer) just said about the experience of internment in Northern Ireland. Indeed, for that matter, there is also the case of internment at the start of the second world war, when a large number of Jewish people were detained on the basis that they had German relatives. Of course they had German relatives: they had fled from Nazi Germany and came to this country to escape fascism, only to be promptly detained as suspects of fascism. I suspect that they found that experience deeply troubling and that it did not leave them for the rest of their lives. We need to reflect carefully on that.

If an individual has an order placed against them, their movements, their liberties and their life opportunities will obviously be restricted. If an employer knows about it, as he probably will, the person concerned will be unlikely to keep his job. I suspect that many universities will be very reluctant to allow students in that position to remain there, and might refuse outright. The lives of such people are seriously harmed in many other ways

Is this a fair thing to do? If there is evidence that an individual is manufacturing a bomb, planning to put a bomb on a plane, or planning to kill civilians for no obvious reason—indeed, to kill civilians in any circumstances—let a criminal charge be brought against them. We should bear it in mind that in Northern Ireland, internment became a recruiting sergeant for the IRA.

Let us look at the issue on a wider scale. Let us consider the hundreds of thousands of young people who are wasting their lives away in refugee camps in Gaza, Lebanon, Jordan, Syria, and many other parts of the middle east. Do they feel that they have a democratic choice? Do they feel that they have a democratic right for the rest of their lives? No. They see the rest of the world vicariously, through television screens and computers. Does their experience make them respect a democratic process? Does it give them choices and opportunities? No. It is the breeding ground for irrational acts of criminal violence against civilians.

The House cannot solve all those problems, but we can at least make two contributions. First, we can try to bring about peace and justice processes throughout the region concerned. Secondly, we can ensure that in this country we defend the democracy of an elected Parliament, defend the independence of the judiciary, do not allow Ministers to have powers to detain individuals without recourse to the courts or to an individual hearing, and allow such individuals to know what the charges against them are. We would condemn many other societies in which someone can visit an individual and say, “You are under suspicion; you are under arrest; you are under control”, and I think that we should be very cautious indeed about passing a law allowing that in the House of Commons.

[Rehman Chishti (Gillingham and Rainham) (Con)]

The hon. Gentleman says that the accused should be allowed to know what the charge is. That brings into play the concept of special advocates who are given evidence behind closed doors and cannot take instructions from the accused, and hence the concept of not being given a fair hearing. On that basis, does the hon. Gentleman agree that the process involving special advocates should be reviewed, and that the concept of a fair hearing at which the accused can be given a chance to comment on the evidence must be right?

[Jeremy Corbyn]

I more or less entirely agree with the hon. Gentleman. The Special Immigration Appeals Commission courts involve that concept of the special advocate who does not know—or, rather, may well know but cannot share with his client, the defendant—what the charges are against that person, and how the defence is to be mounted. Franz Kafka wrote about such circumstances extensively and with great passion. It is possible that descendants of Franz Kafka are working away in the Ministry of Justice, the Home Office or some grubby basement somewhere.

We are talking about the creation of a miasma of untrustworthy or untrustable sources. There might be a case against an individual, but that individual does not know what it is. His advocate might know what it is, but cannot tell him and can say only, “Do not worry—I will try and get you off. You want to know what you are charged with? Oh, I cannot tell you that.” Hello? Let us get real. If we believe in a proper judicial process, let us practise a proper judicial process.

I feel very reluctant to support any anti-terror law that departs from the principle that anyone who has been charged must know what the charge is, must be able to defend himself against that charge, and must be either found guilty or acquitted, depending on what evidence is presented and what the court decides at the end of the process. That principle, surely, is the best defence of a free society. Departing from it weakens a free society and damages all of us.

It is disappointing that the Chairman of the Joint Committee on Human Rights, my hon. Friend the Member for Aberavon (Dr Francis), is not present to comment on its report. I want to make three brief points about the summary. The Committee calls on the Government to

“urgently review all existing control orders to ensure they are compatible with the findings”,

but it was not clear to me from the Minister’s earlier contribution whether that had happened, so perhaps he will tell us in summing up.

One of the other Select Committee recommendations was:

“The Director of Public Prosecutions should be asked to consider whether a criminal investigation is justified in relation to each of the eight individuals subject to existing control orders”.

Again, I am not clear whether that has happened. I apologise if I missed something the Minister said, but I would be grateful if he would say what has happened in that respect.

The Select Committee also said:

“We do not accept the Government’s reasons for not providing this opportunity”—

for pre-legislative scrutiny—

“and recommend that it be published and made available to Parliament”.

If the Government have measures to introduce on control orders or anti-terror in general, that is clearly an important and major piece of legislation. This House has slowly and reluctantly dragged itself from the 18th century into the 19th and the 20th, and although we have not reached the 21st yet, we do have a process of pre-legislative scrutiny. Therefore, I think a Bill should be published as early as possible so that the House can thoroughly examine it and we can have a serious debate on it before it reaches the light of day. These are serious and important issues. We are talking not about just eight individuals’ lives, but the whole principle of a democratic and free society.

We put in place control orders, secret courts, special advocates and all kinds of special measures, and we have a Security Service that is not public and that is unaccountable. We also have charges that are unknown against individuals who do not know what the charges against them are. That creates a rather unpleasant Kafkaesque secrecy surrounding our society and our lives. It does not make us any safer, and it does not make the world any safer; actually, it contributes to making the world a more dangerous and precarious place.

I hope the Minister understands both my reasons for making these points and why many of us hold these views. It is reasonable and fine for him or the Secretary of State to ask for opinions and views from the security services and the police; of course they should ask for their views. They should also, however, ask for the views of the judiciary, advocates, civil liberties groups and the people who spend their whole lives trying to defend the civil liberties of all of us. Their views are equally legitimate and important.

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[James Brokenshire]

I thank all right hon. and hon. Members for their contributions to this measured, considered and useful debate on a range of issues relating to combating and preventing terrorism. I, too, would like to put on record my thanks to the police service and the security services for all that they do in keeping us safe, keeping our constituents safe and keeping our country safe.

I will seek to address as many of the points raised as I can in the time available to me. I thank the hon. Member for Bradford South (Mr Sutcliffe) for the support that he is giving to the renewal of this order on a temporary basis until the end of this year. I hope, notwithstanding his comments, that he may be minded to support the important measures that we will introduce on TPIMs. We think that those measures are an important step in bringing forward measures that are less intrusive, with more clearly and tightly defined restrictions. I note that the hon. Gentleman sought to have some political fun, but the serious point is that the review of our terrorism and security powers was about trying to do the right thing for our country, for its security and for our civil liberties. The Prime Minister has made it clear that we will not do anything that puts our national security at risk.

The hon. Gentleman made a number of other points. As for the timing, we will try to introduce the replacement legislation at the earliest opportunity, but we want to get the technical issues right; he will appreciate the legal issues. It is therefore important that we make the revised proposals at the appropriate time after that work is concluded. I reiterate what I said in my opening speech: we want to ensure that there is proper scrutiny by this House of the provisions. He will recall that the provisions on control orders were brought forward in an expedited fashion, and perhaps did not receive such scrutiny and investigation. We believe it is important that that should take place.

[Jeremy Corbyn]

Does that include pre-legislative scrutiny of the proposed Bill?

[James Brokenshire]

The Bill will be brought forward and scrutinised in the usual way. I think that the hon. Gentleman may be referring to the draft Bill on the enhanced TPIM provisions, which the hon. Member for Bradford South highlighted. When this matter was raised with Baroness Neville-Jones by the Joint Committee on Human Rights, she said that she would take it away and give it further consideration. We are considering it further.

Hon. Members have asked whether the Security Service is content with the outcome of the review. The Security Service played a full role in the review and provided it with all the facts and assessments required. The director general of the Security Service told the Home Secretary that he was content that the replacement measures and mitigations balanced the risk of the abolition of control orders. I note that the Joint Committee sought the publication of a summary of the views of various agencies and organisations. Again, Baroness Neville-Jones undertook to consider whether such a summary could be produced, but noted that some of the contributors to the review would have views on whether they wished all their evidence and views to be made public, and that it would be necessary to consult on that. We are considering that position further in the light of those statements.

I thank the hon. Member for South Antrim (Dr McCrea) for his impassioned and very personal contribution to the debate. Anyone who was here and who listened to it will have felt his comments keenly. The threat from Northern Ireland-related terrorism is significant, and it is vital for the UK’s terrorism legislation framework to be capable of dealing with it. Evidence from Northern Ireland was taken account of as part of the review, and the Home Secretary has discussed the review several times with the Secretary of State for Northern Ireland. I assure the hon. Gentleman that we take security in Northern Ireland extremely seriously. I know that the Minister of State, Northern Ireland Office, who is on the Front Bench, would endorse that view in relation to the work of his Department.

I have been asked about cost. The control orders regime cost the Home Office £12.5 million between 2006 and 2010. We will provide sufficient new money for the Security Service and the police to take the mitigating actions that they have identified as necessary.

Other points have been made about the Joint Committee report published this morning. Quarterly reviews are undertaken of the conduct of individuals who may be subject to control orders, the prospects of prosecution and the prospects of gathering evidence that could be used to prosecute. Those are formally reviewed by the relevant authorities on a quarterly basis. This issue is examined further and followed through in that way. I reiterate that it is our priority to get individuals into court on appropriate charges. That is the commitment that the Government have always made.

Some questions were asked about special advocates. As part of the counter-terrorism review, we received a contribution from the special advocates. On 6 July 2010, as part of the package of measures on detainees, the Prime Minister announced a Green Paper on the use of intelligence in judicial proceedings. This will aim to develop a framework for ensuring full judicial and non-judicial scrutiny of intelligence and wider national security activities in line with the Government’s commitments to individual rights and the rule of law, and to protecting national security properly. The Green Paper will need to include consideration of the key concerns that have been expressed about the operation of the special advocate system. We will ensure that the system remains compatible with human rights. We will consider this matter along with the Committee’s other recommendations, and we will respond formally to its report in due course.

Some questions were raised about the use of intercept as evidence. There is an ongoing programme of work on assessing the likely balance of advantage, cost and risk involved in a legally viable model for the use of intercept as evidence, compared with the present approach. Our intention is to provide a report back to Parliament during the summer.

This has been an important debate. We are replacing the control orders with a new, less intrusive, more focused system of terrorism prevention and investigation measures, but we wish to see a safe and managed transition to the new system. This means that, until the new system is in place, we need to retain the control order powers in order to avoid a gap in protection for the public, which is clearly the primary role of the Government. I therefore hope that the House will support the motion.