Counter-Terrorism and Sentencing Bill (Seventh sitting)

Debate between Julie Marson and Taiwo Owatemi

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

[Julie Marson (Hertford and Stortford) (Con)]

It is a pleasure to serve under your chairmanship again, Mr Robertson. I have listened very carefully to hon. Members. I appreciate the comments, concerns and the constructive way in which they have made their arguments. I support the Government, and I support the principle of TPIMs and of using every tool that we have in our armoury to protect the public, which I know is a concern for hon. Members.

I would like to try to put this into context, which is important, today of all days. Today is 7 July—7/7—and the 15th anniversary of one of the worst attacks that this country and this city have ever faced. It is an important reminder of why we are here doing this and why the Government want to bring in this legislation to protect the public.

With the indulgence of the Chair and the Committee, I would like to talk about my friend Louise—I will not get emotional. Fifteen years ago today, my friend Louise was on a train from Aldgate to Liverpool Street. The night before, she had had a great night out. She had been in Trafalgar Square, celebrating the fact that London had just won the bid to host the Olympics.

It was a very busy train. She was standing when the train was rocked by an explosion in the next carriage to her. Louise’s carriage filled with smoke. The lights went out and the train screeched to a juddering halt. She says her heart was beating so much she thought it was going to come out of her chest, but she fought to keep calm amid the screams and the panic around her.

Some people managed to control their panic and started helping each other. They were calling up and down the train for doctors and nurses—anyone who could come and help. Some people had fallen. Some had hit their heads. It was chaos. Some people tried to get out. They were trying to get out of the windows between the carriages. They tried to prise the doors apart. None of that would work. Someone cried out that there was a body on the track.

They waited in the dark. Some emergency lights were going on, but it was mainly dark, for over an hour, until Louise says she saw the top of a policeman’s helmet outside the tunnel. From that moment—seeing the policeman—she felt safe. All of a sudden, she felt that she was going to get out and that everything would be all right.

They could not open the doors, so those who were able to moved out of the way to make way for the injured to be carried or to walk past them. They were bloodied, black, bewildered. Many of them were bandaged with commuters’ possessions, like belts and scarves and ties. After what seemed like forever, Louise was able to get off the train, but she had to walk past the bombed carriage. She said it looked like it had just been ripped apart like a can of Coke.

She passed two bodies on the track, covered up by a fluorescent transport worker’s jacket. She saw a man who was badly injured being tended to by paramedics. He was barely clothed and was propped up against the tunnel wall—his entire body blackened by bomb blast.

She said it was very surreal to come from that black, hellish atmosphere into the light, where it was light, there were helicopters above, there were blue lights and sirens, and there was a triage unit on the pavement where people were being treated. Quite surreally, she was told to give her details to the police and she walked off into London, trying to find her husband and blackened by soot.  She said she just wanted a cup of tea, very weirdly.

The “Sliding Doors” moments, and the fear, panic and shock, came later. The overriding feeling she was left with was why did she get into that carriage, why did she not get into the next carriage and why did she survive, when so many others did not. She was determined not to change her way of life, so she got straight back on the tube and went straight back to work. I think she personifies bravery, and what we always say, that in the face of terrorism we just get on with it and we will not let our way of life be changed.

Today, 15 years to the day afterwards, Louise will be leaving flowers at Aldgate, as she does every year. Many of her fellow passengers and other victims who were affected by the incident have never been back on a tube. Some are still suffering from anxiety and depression, some suffered life-changing injuries, some lost a loved one and some will never see the light of day again. Over the weekend, I asked Louise what she would say to the Committee. This is what she said:

“Terrorism is the biggest threat we face to our way of life. I have so much faith in our intelligence and security services. I feel they should be given whatever powers and resources they need to fight it. Whilst there will always be those who slip through thej net, especially the lone wolves, we need to feel safe and learn lessons, and let our police and courts have the authority to act and protect us.”

Today I wanted to talk about Louise and pay tribute to her, and all of those affected, not just in that incident but in others. My belief is that the best tribute we could all pay is to pass this Bill.

[Taiwo Owatemi (Coventry North West) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Robertson.

The No. 1 priority for all of us here is to keep ourselves and our constituents safe. On this side of the House, we recognise the seriousness of this crime and we will do everything that we can to ensure we can effectively and robustly tackle the threat of extremism, and the terrorists who threaten our national security. As emphasised by my hon. Friend the Member for St Helens North, we aim to be a constructive Opposition in identifying areas in which we can support the Government. In other areas, where we have questions and concerns about the legislation that comes before the House, we seek to strengthen and improve that legislation, where it is right to do so.

In support of amendment 69, I will briefly highlight some of my concerns about the imposition of TPIM notices, as outlined in the Bill. Terrorist offences are especially heinous and it is incumbent on us to ensure that we maintain a good, high standard in believing that an individual falls within this threat category. Having that standard for TPIMs, which we would support to keep our constituents safe, would protect the measures and not impede their robust or operational nature.

As my hon. Friend outlined, this standard of proof has been raised twice before, by the coalition Government in 2011 and by the Conservative Government in 2015. We have to wonder why the Government seek to implement the lowering of the standard of proof in clause 37. That would inevitably broaden the category of people who are suspected of being terrorists, but who may not pose a threat at all.

Jonathan Hall QC, the Independent Reviewer of Terrorism Legislation, has serious concerns that this clause could work on the assumption that courts have and could interpret “reasonable grounds for suspecting” as

“a belief not that the person is a terrorist, only that they may be a terrorist.”

There is a strong possibility that some TPIM subjects would not be actual terrorists and, by virtue of that, be innocent.

Mr Hall, who has access to highly sensitive national security information, said that the current standard of proof “has not proven impractical” and has expressed doubt that there is an operational justification for making these changes to the regime at this time. The Opposition are firm believers in evidence-based policy making and in not amending legislation for its own sake, but these are no small matters. The threat and the serious nature of terrorist activities have implications we are all too familiar with. However, we do not see the merits of targeting individuals for the sake of it. That would see a disproportionate number of ethnic minorities and potentially innocent people subject to quite intrusive measures.

We also do not think it appropriate to add strain to the security services and to the public purse, particularly when resources are already stretched. It prompts the question of why, despite the evidence and the advice of independent reviewers, we are making this change. I urge the Minister to outline his case.