Prevention and Suppression of Terrorism

Julian Lewis Excerpts

Wednesday 19th January 2011 Commons Chamber

[Damian Green]

I am grateful to the hon. Gentleman for that intervention. He will understand that, for obvious reasons, it is not the Government’s policy, and never has been the policy under any Government, to discuss whether an organisation is or is not under consideration for proscription. It would clearly be foolish for any Minister to give running commentaries on what is going on with individual organisations, so I do not propose to start now.

[Dr Julian Lewis (New Forest East) (Con)]

My hon. Friend said that this was the ninth in a series of proscriptions. Bearing in mind some of the reservations that were expressed at the time that the original legislation was enacted, can he reassure the House that there has been no sign of any previously proscribed organisations seeking to get round the proscription by such devices as changing their names?

[Damian Green]

Indeed, that is one of the activities that concerns Ministers and it is one of the things that has happened in the past. Organisations have sought to reappear under different names and have been re-proscribed. We are extremely aware of the very serious problem to which my hon. Friend refers.

--- Later in debate ---

[Damian Green]

Thank you, Mr Speaker, and felicitations.

I am grateful to the House for the many important points raised and, in particular, for the tone of the debate on the key issue of the process. Clearly, the Government are exercising very serious powers, so it needs to be done carefully and kept under proper review. I assure hon. Members on both sides of the House that I very much share their feelings about that.

I should gently say to the hon. Member for Birmingham, Ladywood (Shabana Mahmood) that I am genuinely bemused by her point about the timeliness of the briefing given to the shadow Home Secretary. I understand that he asked for a briefing on Privy Council terms early this afternoon and received it later this afternoon. I genuinely do not know how much faster the Government could have been expected to react to that request, so I am puzzled by the point she made.

The hon. Lady asked a number of important questions, some of which were about the criteria and the process. Those legitimate questions were echoed by other hon. Members, not least by the hon. Member for Islington North (Jeremy Corbyn), the right hon. Member for Leicester East (Keith Vaz) and my hon. Friend the Member for Carshalton and Wallington (Tom Brake). There seems to be a slight misunderstanding involving the absolute nature of proscription for ever, because this arrangement is not like that. I think it will help all those who asked the questions if I simply go through what has to happen under the Terrorism Act 2000 for a body to be proscribed.

The Home Secretary may proscribe an organisation if she believes

“that it is concerned in terrorism.”

What “concerned in terrorism” means under the Act is that an organisation

“(a) commits or participates in acts of terrorism,

(b) prepares for terrorism,

(c) promotes or encourages terrorism”—

that includes “unlawful glorification”—

“or

(d) is otherwise concerned in terrorism.”

If that statutory test is met, the Secretary of State will take into account other factors when deciding whether or not to proscribe. Those criteria are: the nature and scale of the organisation’s activities; the specific threat that it poses to the UK; the specific threat that it poses to British nationals overseas; the extent of the organisation’s presence in the UK; and the need to support other members of the international community in the global fight against terrorism.

Most importantly, the Home Secretary comes to this decision after having received advice from a cross-departmental group. That group reviews the proscription of all proscribed organisations on a rolling 12-month basis, so there is a permanent rolling programme of checking which groups are proscribed and whether it is appropriate to continue with the proscription. That seems to me to be a proper process, because I take the points made by hon. Members on both sides about how groups can change and how, in all these areas of this world, it is of course in the interests of the British Government and the British people not only to combat terrorism—that is clearly important—but to try to foster a democratic dialogue so that troubled countries can move into the democratic ambit.

I wish to answer some of the other detailed questions, in so far as I can. I was asked by the hon. Member for Birmingham, Ladywood and by my hon. Friend the Member for Carshalton and Wallington about TTP’s activities and presence in the UK. I am sure that the House will understand that I cannot comment on intelligence matters and details, but I can say that the TTP aspires to mount attacks in the west, as was demonstrated by its involvement in the failed Times square car bomb attack, and TTP leaders have publicly threatened the UK in the past. The group also threatens this country by targeting our interests and allied interests overseas: for instance, the group claimed responsibility for a suicide bomb attack on the United Nations World Food Programme office in Islamabad in October 2009, which killed five people.

The hon. Lady rightly asked what the UK Government are doing to help to stabilise Pakistan. We actively engage the Government of Pakistan to implement political reform in the tribal areas. In addition, through the conflict prevention fund, the Foreign Office is spending £3.65 million a year on reducing the governance and security vacuum that evidently exists in that part of the world, improving Afghan-Pakistan relations and co-operation, and reducing insecurity in Balochistan. So we are playing a very active role.

[Dr Julian Lewis]

I am still not quite clear about one aspect. Surely the banning of an organisation in this country is carried out because there is reason to suspect that it is going to try to be active in this country. It is not simply a matter of trying to perform a terrorist act, which would be a crime in any case, but of trying to function in this country. Is there any evidence that either this group or its sympathisers are currently active in this country? There are of course all sorts of terrorist groups around the world that are not active in this country which we do not seek to add them to our own proscribed list.

[Damian Green]

If I were to answer my hon. Friend in detail, I would reveal intelligence information. I am sure that he, with his distinguished background in defence, would not want me to do that. I would refer him to the list of criteria I mentioned, which includes attacks on British citizens and British interests, along with those of our allies around the world. I think it would be beneficial if he studied those criteria carefully.

The hon. Member for Birmingham, Ladywood asked about the review. I hope she is reassured not just by what I said about the rolling 12-month review programme, but by the fact that there is an appeal mechanism—first to the Home Secretary and then to an independent committee. The legislation allows for that. She asked whether the discretionary criteria are still appropriate, and we believe that they are. Counter-terrorism policy is, of course, kept permanently under review. She asked about the time scale; she will be aware that the Home Secretary is currently reviewing the most sensitive and controversial counter-terrorism and security powers and measures. It would be particularly inappropriate to speculate on the outcome of the review, as we are going to announce the findings shortly. I hope that the hon. Lady will be reassured by that.

The hon. Member for Rhondda (Chris Bryant) raised a particular case. I take his point, but say simply in response that the Government have a wide range of counter-terrorism tools at their disposal, including asset freezing, exclusion and so forth. It would obviously be improper for me to comment on an individual case.