Draft Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2026 Debate
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(1 day, 19 hours ago)
General Committees
The Parliamentary Under-Secretary of State for the Home Department (Jo White)
I beg to move,
That the Committee has considered the draft Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2026.
It is a pleasure to serve under your chairmanship, Mr Twigg. The order provides for the continuation of the Secretary of State’s powers under the Terrorism Prevention and Investigation Measures Act 2011, otherwise referred to as TPIM powers. The continuation is for a further five years.
The Government take all necessary steps to protect the public. The threat we face from terrorism is enduring and evolving. It is vital that we have the tools necessary to keep our country safe, which include the powers conferred on the Secretary of State in the Terrorism Prevention and Investigation Measures Act 2011. These measures ensure that, to protect the public from a risk of terrorism, when prosecution or deportation are not possible the Secretary of State can impose specified restrictions and requirements on an individual involved in terrorism-related activity.
Section 21 of the Act states that the Secretary of State’s TPIM powers will expire at the end of five years from the date the Act was passed. Having been renewed twice in 2016 and 2021, those powers are due to expire at the end of 13 December 2026. Given the continuing threat to the UK from terrorism, there can be no doubt that TPIMs remain a vital component in the UK’s counter-terrorism toolkit. That position is supported by the independent reviewer of terrorism legislation, the Investigatory Powers Commissioner and the director general of the Security Service.
The Act provides the Secretary of State with powers to impose a TPIM notice on an individual if the conditions set out in section 3 of the Act are assessed by the Secretary of State to have been met. Those conditions include that she reasonably believes that the individual is, or has been, involved in terrorism-related activity, and that she reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to impose such measures on the individual.
In addition to the power to impose a TPIM notice, the Secretary of State has powers to extend and vary a TPIM notice that is in force, and to revive a TPIM notice that has been revoked. Since the introduction of the Act in 2011, 33 TPIMs have been imposed. As of the last published set of figures from June to August 2026, four TPIMs were in force.
TPIMs provide some of the most restrictive measures available in the democratic world. That is why they are used sparingly and only in exceptional cases involving individuals assessed to present the highest levels of terrorism-related risk, where prosecution, deportation or other disruptive measures would be insufficient to protect the public. There are also stringent safeguards, including that the Secretary of State must be satisfied that all conditions are met and apply to the Court for permission to impose the TPIM notice, except in cases of urgency. A TPIM notice is subject to a review hearing at which the Court reviews the Secretary of State’s decisions that the conditions were met and continue to be met. The Act also provides a right of appeal in relation to specified decisions taken after its imposition.
Having consulted as required by the Act, the Home Secretary has, due to the significant terrorist threat facing this country, decided to make this statutory instrument to provide for the continuation of TPIM powers for a further five years—the maximum period allowed in the legislation. The UK has one of the strongest counter-terrorism frameworks in the world, and the Government are committed to ensuring that it remains robust, to tackle the threat from terrorism and keep the public safe. TPIMs are an essential component of this framework, and their continued necessity has been endorsed through the statutory consultation the Department has undertaken.
Jo White
I thank all members of the Committee for being here today. We greatly appreciate the scrutiny provided on this important issue. If the Secretary of State’s TPIM powers were to expire, that would remove a critical counter-terrorism capability used to manage individuals who present a significant national security risk. Subject to the agreement of the House and the other place, the order will come into force at the end of 13 December.
The use of TPIMs must be necessary and proportionate. The tool is used as a last resort in circumstances where prosecution or deportation are not possible. The operation of the TPIM Act 2011 is subject to independent statutory review under section 20. The independent reviewer of terrorism legislation’s most recent report, “The Terrorism Acts in 2024”, was published on 29 April 2026 and is publicly available on gov.uk. The independent reviewer of terrorism legislation is currently Jonathan Hall KC, who supports the continuation of the TPIM Act 2011. His previous recommendations on TPIMs included amending legislation to prohibit a TPIM subject from possessing unauthorised weapons. That amendment was made under the Crime and Policing Act 2026.
I urge all Members to support this order to keep the public of the United Kingdom safe and retain the strength of our counter-terrorism framework.
Question put and agreed to.