Counter-Terrorism and Sentencing Bill (Seventh sitting)

Debate between Joanna Cherry and Rob Butler

Committee stage & Committee Debate: 7th sitting: House of Commons
Tuesday 7th July 2020 Public Bill Committees

[Rob Butler]

The hon. and learned Lady seems to be arguing for not reducing the burden of proof at all, but the amendment in her name suggests changing “suspecting” to “believing”. “Believing” would still be a reduction from the current standard of proof, so does she accept that there is potentially a halfway house, or is she arguing for no reduction at all?

[Joanna Cherry]

My primary position is that there should be no reduction at all. That is why I have gone to some lengths to set out the lack of a cogent business case for any reduction. The purpose of the amendment is very much like that of the amendment from the hon. Member for St Helens North: to suggest a halfway house and to probe whether the Government can come up with the business case. I will not push the amendment to a vote.

I end by reiterating what the hon. Member for St Helens North said, which is that it does not seem to be the case that the current standard of proof has been an impediment to the security services. We have had no evidence that it has prevented the security services from seeking a TPIM where they considered it necessary and appropriate to do so. To use the words of Jonathan Hall, until we have that sort of cogent business case, I do not think the Government have made their case for reducing the standard of proof.

I will not press my amendment at this stage, but I expect to see similar amendments when the Bill returns to the Floor of the House. Without such amendments, I would suspect that clause 37 would face a challenge on the Floor of the House.

Counter-Terrorism and Sentencing Bill (Second sitting)

Debate between Joanna Cherry and Rob Butler

Committee stage & Committee Debate: 2nd sitting: House of Commons
Thursday 25th June 2020 Public Bill Committees

[Joanna Cherry]

Thank you.

[Rob Butler]

Q Briefly, I want to pick up on your concern over polygraphs and what is written into the Bill, by looking at the explanatory notes that were issued. I refer to paragraph 213 of section 34, “Polygraph conditions for terrorist offenders: Northern Ireland”, which states:

“New subsection (5) establishes that statements or physiological reactions of the offender in polygraph sessions cannot be used as evidence in proceedings for an offence against the released person.”

Does that provide you with the comfort you were seeking?

Les Allamby: Yet again, it provides me with a very limited measure of reassurance. It is absolutely right that you should not be able to take someone back to court to suggest a new offence has been committed on the basis of the polygraph, so that provides a measure of reassurance.

But I am mindful that if, for example, you are released on licence and you fail a polygraph test, it can be used to revoke your licence and place you back in prison. That is a pretty severe consequence for technology that has not been piloted. The reassurance is welcome in those terms, but you have to understand where else the ramifications of—

Counter-Terrorism and Sentencing Bill (First sitting)

Debate between Joanna Cherry and Rob Butler

Committee stage & Committee Debate: 1st sitting: House of Commons
Thursday 25th June 2020 Public Bill Committees

[Joanna Cherry]

That is quite an important statement: there is no case so far where the current standard of proof has prevented an application for a TPIM. Thank you.

[Rob Butler]

Q Assistant Chief Constable, we have heard, and probably all accept, that young people can be immature and easily led, but would the police view also be that they can be extremely dangerous?

Tim Jacques: Absolutely. Sadly, we have seen—you have mentioned the case that is within my background knowledge—very recent examples of very young people who pose an extreme risk to the public. It is sad, but it is real and it is true.