Counter-Terrorism and Border Security Bill

John Hayes Excerpts

2nd reading: House of Commons & Money resolution: House of Commons
Monday 11th June 2018 Commons Chamber

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

In 2017, as the House has heard, the UK was subject to five terrorist attacks, which killed 36 people, injured many more and terrified millions. Furthermore, this year there was the shocking assassination attempt on Sergei and Yulia Skripal. So it is reasonable that the Government should review, and if necessary update, counter-terrorism legislation and arrangements for border security.

First, I want to pay tribute to the survivors and the bereaved of the terrorist atrocities in London and Manchester last year. The young girls at the Manchester Arena who came to see their favourite singer saw sights that children of that age should never have to see. I also want to pay tribute to all the brave women and men of the emergency services, who often run into danger and step forward in dreadful times. We should not forget the NHS workers—together with support from Porton Down—who were confronted with circumstances that they could never have dreamed of, but who saved the lives of Sergei and Yulia Skripal.

I turn to the Bill before us. Let me begin by saying that I agreed with the Home Secretary when he said recently that there is no binary choice between security and liberty. What makes us free is often what makes us safe. It is certainly what makes ours a country and a way of life worth serving and defending. I am not saying that just as a member of Her Majesty’s Opposition—I fought infringements of our civil liberties, together with some of his Cabinet colleagues, when a Labour Government tried to introduce them, notably ID cards and 90 days’ detention without trial. I defend civil liberties without fear or favour.

The question that arises is whether the Bill is necessary, appropriate and proportionate. Although we support the Bill overall, a careful examination will show that it does not necessarily meet all those criteria. That is why we will seek to amend clauses of the Bill in Committee.

The Home Secretary will be aware that the Home Affairs Committee said in 2001:

“This country has more anti-terrorist legislation on its statute books than almost any other developed democracy.”

In 2008, Lord Lloyd of Berwick told the other place:

“No other country in the world…has had anything like the same plethora of”

anti-terrorism

“legislation that we have had.”—[Official Report, House of Lords, 8 July 2008; Vol. 703, c. 700.]

More recently, Max Hill QC, the independent reviewer of terrorism legislation, said last year that Britain

“has the laws we need. We should review them and ensure they ensure remain fit for purpose, but we should have faith in our legal structures, rather than trying to create some kind of new situation where the ordinary rules are thrown out.”

To the extent that the Bill does not throw out the ordinary rules, it has our broad support.

Finally in relation to expert opinion, I turn to the review by Dave Anderson, QC, of the terrorist incidents last year in Manchester and London. He made a series of recommendations, ranging from multi-agency working to greater intelligence sharing and more consistent handling of intelligence, but there was not a single recommendation of new laws or powers.

Nevertheless, we have the Bill before us, and the Opposition broadly support it. I will now set out our reservations. First, it will update offences in a way that will potentially criminalise information seeking, playing of videos and expressions of opinion. In relation to the playing of videos, the Home Secretary will have heard the opinion of my right hon. Friend the Member for North Durham (Mr Jones) about three clicks being a significant number. We will seek to clarify the point in Committee.

On the question of expressing opinion, the Home Office says in its note on the Bill that it is

“not making it unlawful to hold a private view in support of a terrorist organisation”.

The Home Office also says:

“Operational experience has shown that there is a gap around individuals who make statements expressing their own support for terrorist organisations...but who stop short of expressly inviting others to do so”.

The Home Secretary will expect that we will press that point in Committee, because we would say that gap between having an opinion and inciting others to unlawful acts is not an anomaly but an important principle in protecting freedom of speech. We are in danger in the Bill of confusing bad thoughts with bad deeds. We hope to clarify this issue as the Bill makes progress.

Another concern about the Bill is the extent to which it allows the retention of biometric data on anyone arrested, including DNA and fingerprints, even if they are mistakenly or even unlawfully arrested. There are already abuses of the national police database, which the Government have failed to correct. The state has no business keeping records on people who are not criminals. It is an essential part of our liberty that we can go about our day-to-day lives unhindered by state agencies. That is not the case if the state can retain data on all of us. It is an even greater breach of our civil liberties if the retention is done without our knowledge.

A further concern about the Bill is what it has to say about the Prevent strategy. It proposes extending the Prevent strategy by allowing local authorities, as well as the police, to refer people to the Prevent programme. Let me be clear that there will always be a need for a programme that does what Prevent purports to do. I have met Commissioner Neil Basu and other Metropolitan police leads on Prevent, and I visited Prevent-funded programmes in Birmingham and elsewhere. I have no doubt that there is some good work being done in the name of Prevent, but Prevent as a whole is a tainted brand, particularly among sections of the Muslim community. From a recent study by the Behavioural Insights Team, commissioned by the Home Office itself, we also know that more than 95% of deradicalisation programmes are ineffective. I suggest that those two facts—that Prevent is a tainted brand and that so many of the deradicalisation programmes are ineffective—are not unrelated.

Labour is committed to a thorough review of the Prevent programme, which we believe is currently not fit for purpose. In the interests of transparency and accurate evidence-based policy making, I call on the Home Secretary today to publish the research by the Behavioural Insights Team, which has been so widely reported and seems to run counter to the claims made for the success of these programmes.

[Mr John Hayes (South Holland and The Deepings) (Con)]

I did not intend to intervene—I will speak at length later—but is the right hon. Lady aware that about 75% of people referred to Prevent are, having been through the programme, of no further interest to the police or security services? That sounds like success to me.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Just to advise Members who may want to speak at length later, they will have up to 15 minutes and no more.

--- Later in debate ---

[Mr John Hayes (South Holland and The Deepings) (Con)]

Terrorism blights lives and in some cases, of course, it takes lives. We have already heard from Members on both sides of the House about the appalling events of the last year, and they will be in all our minds as we debate these measures. The right hon. Member for Hackney North and Stoke Newington (Ms Abbott) was right to focus on the events in Manchester, not because any terrorist event is greater or less than any other, but because of the chilling image of those children, which she rightly focused on in her remarks.

Terrorism is not just about the people whose lives are lost. All of us are affected by it, including those who are related to the people who died, those in their communities, those in the wider network of people who came into contact with these events—the emergency services have been mentioned—and others. All of us are a little diminished, are we not, when these things happen in our country? Fear is spread. Doubt is fuelled. That is part of the terrorists’ aim, of course: to intimidate us, change us and frighten us. It is right to say that in our response, we must be mindful of the need to retain the freedoms that terrorists seek to extinguish. Nevertheless, it is equally true that we must ensure that we are well equipped to deal with terrorists as they change their modus operandi.

There are two things that have altered most about terrorism in recent times. The first is the terrorists’ ability to communicate their message using modern methods—to proselytise, to convert, to recruit. They do that by messages and images, and modern media is such that it can be done much more easily than in years gone by. They are ruthless and merciless in the way they go about that business. When I was the Home Office Minister responsible for security, I was well aware of the good work that is done in Government to deal with that, but it is a constant challenge. Every day images are put up, and every day they are countered or we aim to get them taken off the internet. They only have to be there for a very short time to have their effect, or their possible effect, as they are digested by vulnerable people.

The right hon. Member for Hackney North and Stoke Newington also talked about the young people who are referred to the Prevent strategy, and I want to return to that in a moment. Young people, in particular, are at the greatest risk. They are impressionable and vulnerable. They may simply be lonely and in need, and the terrorist acts much like any other kind of social or cultural predator. They recruit by corrupting. They seek to own that young person, and once they own them, they direct them with wicked purpose. There are parallels with other kinds of corruption. People are recruited in the same way by sexual predators: they are groomed. We know this from evidence that has been brought before the House, from the work of Select Committees and from the Home Office.

The Secretary of State is absolutely right to say that it is both our responsibility and our duty to ensure that all those missions to keep young people and others safe are best equipped to do so not only by their training and skills, but also by the legislation that underpins their work. Successive Governments have recognised that over time. Indeed, it is a sad strength of this country that we have more experience of dealing with terrorism than most others, because of the events in Northern Ireland. That knowledge and understanding of terrorism has allowed us to develop skills that other countries do not always have—as I said, it is a matter of sadness that we should have had to do so. None the less, those skills have to be updated and refined over time, for the other principal change in terrorism is that terrorists have become more flexible.

Countering terrorism is largely about trying to anticipate events. The Contest strategy is about prevention—it is about anticipation as well as response—and anticipating events is, in essence, rooted in the idea that patterns of behaviour and likely courses of action can be measured. When terrorists become less predictable, they are harder to counter, and they have become less predictable over time as the more recent terror events show. For example, let us take the use of vehicles as a weapon—it sounds pretty straightforward, does it not? It is horrible, of course, in its effect. Vehicles are routine things that can be obtained without too much fuss or bother, and once someone knows that they merely need a vehicle rather than a bomb, they know that they can go about their deadly business, as we saw in Westminster and elsewhere. That additional flexibility—that new approach by the terrorists—requires laws that are fit for purpose and which allow us to respond to the changing character of terrorism. That is what has been brought before the House today.

I was pleased as a Minister to bring the Investigatory Powers Bill—now the Investigatory Powers Act 2016—to the House. It was very challenging because, of course, questions were asked about it. The right hon. Lady spoke about scrutiny and the role of the Opposition. She knows that the Opposition and I worked very closely together on that Bill. The Government made key changes as the Bill made its way through the House, because we recognised that part of the Opposition’s role is to challenge and oblige Government to question themselves about the appropriateness of various aspects of what they are proposing. We ended up with a good piece of legislation, which has further enabled the security services and police to go about their business in respect not just of terrorism, but of serious organised crime. This Bill is very much in the same spirit. It updates the legislative basis on which our security services and the police can do their work by recognising the changes in the pattern of behaviour of those we face.

The Secretary of State went through the details of the legislation—I have it all here, but to do so again would both be tedious and, I suspect, would test your patience, Mr Deputy Speaker, given the overture at the beginning of the debate that many wanted to speak and none should do so for too long.

[Sir Geoffrey Clifton-Brown]

My right hon. Friend has talked about terrorist methods continually changing. Did not the situation in Northern Ireland tell us that we needed constantly to update our legislation, often by emergency legislation, to keep one step ahead of the terrorists?

--- Later in debate ---

[Mr Hayes]

Yes, that did happen, but I would go as far as to say—reflecting what Andrew Parker said—that the scale of what we now face and its character is unprecedented in modern times. I am cautious about being too definitive about these things, because it is never wise to be so, but I defer to the man who runs MI5, who is closest to these matters. I think that we are facing new challenges of the kind that we have never really seen before. To go back to my earlier remarks, when we think of Irish terrorism, there was, for the most part, a degree of predictability, and the key difference with terrorism then was that most of the terrorists did not want to risk their own lives. They wanted to save the lives of the operatives. That is a fundamental difference from the sort of terrorism that we have seen in more recent years. There are also differences in the command structure of terrorism in Ireland compared with what we now face. Many of the terrorists that we seek to counter, and which this legislation addresses, are people who have been radicalised in their own home. They are inspired by rather than part of an organised network. Given what I said about the availability of weapons, in that a vehicle can be a weapon, one can imagine the damage that an inspired terrorist, possibly unknown to the security services and police until they commit the act, might do.

[Simon Hoare]

Does my right hon. Friend also agree that one acute difference between Irish terrorism and the threat today is that in the Irish situation an agreed code word was usually used to alert the security services that something was about to kick off? We do not have that today, which is why this very flexible, proactive approach to regulations required to try to keep us safe—we will not manage it in all circumstances, but we will do our damnedest—is pivotal.

[Mr Hayes]

The Irish people endured the horror of terrorism for a very long time, and we should not be complacent about any part of our kingdom, but there are differences with what we face now, which I have already mentioned and others will no doubt elaborate upon during the debate.

Before coming to the end of this brief speech—certainly brief by my standards—I want to deal with Prevent. I worked with Prevent and I will mention two things that the right hon. Member for Hackney North and Stoke Newington said with which I fully agree and then I will deal with the things I did not agree with, as that is the polite thing to do. She is absolutely right about radicalisation in prisons. No Government have got this right. In a previous incarnation, I was the Minister responsible for prison education, would you believe? It is not an easy job, I can tell you, and I was never really satisfied that we got it right. I do not think the previous Government got it right either. This is not about party politics. We probably need to look at it afresh. I agree with her about that.

It is, in my view, a good thing, by and large, to keep people who do dreadful things in prison for longer, but the right hon. Lady is quite right that if we are keeping them in prison ever longer, and given the serious chance that they will be radicalised accordingly, there is a risk that they might do a degree in being radicalised, rather than just an A-level. I am inclined to her view that we need to look at that with even greater determination than in the past. With this Home Secretary and this Security Minister, we have the best chance ever of bringing fresh eyes to this. Proust, I think, said that there was no such thing as “new landscapes”, only “new eyes” to see them. Perhaps, in a Proustian fashion, they will look at the right hon. Lady’s suggestion.

The second thing I agree with the right hon. Lady about is the need to ensure that there is proper oversight of Prevent and that we measure its effect properly. When I was Minister, I revitalised the oversight board in the Home Office—I am sure that my successor has added even greater value than I could have hoped to add in that respect—and I was also determined to measure the effect of Prevent more routinely and more transparently.

None the less, I disagree with her about Prevent as a concept. The work of our Prevent co-ordinators, at the very frontline of radicalisation, is heroic. I met them time and again all over country. I went around the country to see the Channel operation and the Channel panels. The people who contribute to Channel and who co-ordinate and run Prevent are doing immensely good work in very difficult circumstances. I do not say that they always get it right—perhaps they do not—but I do say that without them the circumstances we face would be altogether worse. They are making a huge difference in towns and cities across the country day by day. I celebrate their achievements while never being uncritical, as in my comments on measurement and oversight.

[Sir Edward Davey]

Did the right hon. Gentleman meet any representatives from Muslim communities who perceived it to be a flawed scheme?

[Mr Hayes]

There is an argument about how Prevent is perceived and how communities in which the co-ordinators operate understand it, and, consequently, there is an argument for promoting it more effectively—I will meet the right hon. Gentleman halfway—but do not forget that some of the critics of Prevent are people who do not want it to work. Some of its critics are critics because they do not believe in what we are trying to achieve. We have to start from the perspective that not everyone is a balanced and reasoned critic, and perceptions are, to some extent, coloured by that. I introduced the Prevent duty when I was the Minister so that local authorities, health authorities, schools, colleges and others could add value to Prevent by identifying those most at risk. Let us be clear: these are people at risk of being groomed to do wicked things.

With that and to give others a chance to speak far more persuasively than I could ever hope to do, I end by saying that our will to combat terrorism must never falter, our resolve never waver. This House must have the same kind of certain confidence as our security services and police have in their certain determination—their mission—to defeat terrorism.