Prevention and Suppression of Terrorism

Keith Vaz Excerpts

Wednesday 19th January 2011 Commons Chamber

[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.

[Keith Vaz (Leicester East) (Lab)]

May I take the Minister back to the point raised by my hon. Friend the Member for Islington North (Jeremy Corbyn)? I do not think my hon. Friend was challenging the subject matter before the House. He was raising the issue of the process. The Act under which the proscriptions are laid before the House is 10 years old. Is the Minister satisfied that the way in which proscription is challenged is robust and will give organisations the opportunity to put their case to the tribunal? That is the point being made, not a challenge to the subject matter.

[Damian Green]

I take the right hon. Gentleman’s point. As he knows, all proscribed organisations are reviewed on an annual basis by a cross-Government group that assists the Home Secretary to come to decisions on these matters. Each case is carefully considered, taking into account all the detail as time passes. The right hon. Gentleman makes a good point that organisations can change over time. There is an appeal mechanism not just to the Home Secretary, but beyond the Home Secretary to an independent committee, so I am confident that organisations can present a case that they have changed. The system and the Act allow for that.

Proscription is a tough power, as is clear from the various interventions, but it is necessary. Its effect is that the proscribed organisation is outlawed and is unable to operate in the UK. Proscription means that it is a criminal offence for a person to belong to or invite support for a proscribed organisation. It is also a criminal offence to arrange a meeting in support of a proscribed organisation or to wear clothing or carry articles in public which arouse reasonable suspicion that an individual is a member or supporter of the proscribed organisation.

Given the wide-ranging impact of proscription, the Home Secretary exercises her power to proscribe an organisation only after thoroughly reviewing all the available relevant information and evidence on the organisation. This includes open source material, as well as intelligence material, legal advice, and advice that reflects consultation across Government, including with the intelligence and law enforcement agencies. Decisions on proscription are taken with great care by the Home Secretary, and it is also right that the case for proscribing new organisations must be approved by both Houses.

Having carefully considered all the evidence, the Home Secretary firmly believes that the TTP is currently concerned in terrorism. Although hon. Members will, I hope, appreciate that I am unable to go into much detail, I am able to summarise. The TTP is a prolific terrorist organisation that has committed a large number of mass-casualty attacks in Pakistan. It has announced various objectives and demands, such as the enforcement of sharia, resistance against the Pakistani army and the removal of NATO forces from Afghanistan. Examples of recent attacks include a suicide car bomb attack outside a courthouse in Mingora in March 2009 that killed 14 people and injured 130. Another attack on a police station in Lakki Marwat in September 2010 killed 17 people. Although the majority of attacks have been against military and Government targets, the TTP is also known to target religious events. In September 2010, a suicide attack on a Shi’a rally killed 50 people.

The group has also claimed responsibility for attacks on western targets. For example, in June 2010 an attack on a NATO convoy just outside Islamabad killed seven people and destroyed 50 vehicles. In April 2010, an attack on the US consulate in Peshawar killed at least six. The TTP has also threatened to attack the west and was implicated in the failed Times square car bomb attack last May.

Proscription will align the UK with the emerging international consensus against this murderous organisation. The TTP is already designated by the United States and proscribed in Pakistan. The proscription of the TTP will contribute to making the UK a hostile environment for terrorists and their supporters, and show our condemnation of the terrorist attacks the group continues to carry out in Pakistan. Proscribing the TTP will enable the police to carry out disruptive action more effectively against any supporters in the UK.

I should make it clear to hon. Members that proscription is not targeted at any particular faith or social grouping, but is based on clear evidence that an organisation is concerned in terrorism. The TTP is not representative of Pakistani or wider Muslim communities in the UK. The organisation has carried out a large number of attacks in Pakistan resulting in large numbers of civilian casualties. It is clear that these actions appal the vast majority of British Muslims.

As a final point, I have already said that the Government recognise that proscription is a tough power that can have a wide-ranging impact.

--- Later in debate ---

[Shabana Mahmood]

I will return to the issue of Hizb ut-Tahrir shortly and hopefully deal with the substance of the hon. Gentleman’s intervention.

I have a number of questions about the order for the Minister. Paragraph 7.2 of the explanatory memorandum states:

“The Secretary of State has regard to additional criteria (announced by the Secretary of State in 2001) in deciding as a matter of discretion whether or not to proscribe an organisation. These 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…The need to support international partners in the fight against terrorism”.

Those criteria seem to be perfectly sensible in providing the basic test against which a Secretary of State may decide to exercise his or her discretion, but will the Minister shed some light on how, in this particular case, they have been applied? The 2001 criteria are not contained in primary or secondary legislation, so in light of that are they under regular review by the Home Office? Will he give us some details about how the Government intend to keep them under review? How frequently will that be done?

Given that the criteria were stated first in 2001, does the Minister consider them to be fully comprehensive still? Could they usefully be added to, and are there any plans to do so? He will be aware that there is a large and settled British Pakistani community in this country, and many British citizens from that community travel regularly to Pakistan to visit family and friends. What is his assessment of the threat that Tehrik-e Taliban Pakistan poses to them? That will be a matter of some interest to the British Pakistani community, so I hope that he will take this opportunity to address it. Related to that, is Tehrik-e Taliban Pakistan operative in this country? How has the threat that the organisation poses in this country changed since it was set up in 2007, and what is the extent of its operations in this country?

The Minister will also be aware that, as a result of the devastating floods in Pakistan last year, the effects of which are still being felt by the Pakistani population, a large number of British aid workers operate in Pakistan and are involved in vital efforts to provide humanitarian relief and assistance to the flood affectees. Soon after the floods, Tehrik-e Taliban Pakistan made a number of statements, widely reported in the British media, threatening British aid workers. Will the Minister update the House on the threat posed to British aid workers engaged in flood relief work in Pakistan, and will he give some detail about the efforts being made to provide the maximum possible security and support to them?

The organisation was set up in 2007, proscribed by the Pakistani authorities in 2008 and designated by the United States in September 2010. What prompted the Government to follow suit now? How was the timing of the decision arrived at? There is, of course, necessary and close co-operation between the Pakistani authorities and the Government in combating terrorism. Is the Minister confident that the Government are doing enough to support the Pakistani authorities and society as a whole to prevent the rise of Tehrik-e Taliban Pakistan.

[Keith Vaz]

I am listening carefully to my hon. Friend. Is she satisfied about the current process for challenging decisions? We understand that once the House makes a decision, an organisation is proscribed, but there is a process for challenging such moves, and that is right in a democratic society. Is she satisfied with that process, or do the Opposition wish to make any changes to it?

[Shabana Mahmood]

I am grateful to my right hon. Friend for his intervention. In fact, I intended to put that question to the Minister in relation to any plans that the Government might have to look again at the legal process of appeal for an organisation that has been proscribed. I know that, in previous debates when the previous Labour Government proscribed organisations, my right hon. Friend raised the potential deficiencies in the processes for proscription and for challenging proscription, so can the Minister state the Government’s plans in that regard?

Do we know whether other countries intend to proscribe the organisation in the near future? What co-operation has there been between the Government and our allies engaged in operations in Afghanistan and other parts of the world in terms of proscribing it? Will there be continued co-operation, and what is the extent of such work?

Will the Minister give the House some details about the procedure by which the Government intend to keep the list of proscribed organisations under review? Will such reviews take place monthly, quarterly or less regularly, and can we be confident that all organisations that pose a threat to our national security are proscribed?

The House will be aware that during today’s Prime Minister’s questions, my hon. Friend the Member for Eltham (Clive Efford) asked the Prime Minister about his plans to proscribe another organisation, Hizb ut-Tahrir. This was also mentioned by the Minister. Although Hizb ut-Tahrir is not subject to this order, the Prime Minister’s comments about it raise questions about the Government’s policy on proscription as a whole.

Further to what was said at Prime Minister’s questions, my right hon. Friend the shadow Secretary of State has written to the Prime Minister and the Home Secretary. Let me refer to his letter, because it is important for the House to know this. His letter points out that last year the Prime Minister made a commitment to banning Hizb ut-Tahrir

“despite having not seen any of the evidence”.

He continues:

“The clear suggestion was that proscribing this organisation was a simple act that could be made without any legal obstacles on the basis of the…evidence”

that was available in the public domain. He asks the Prime Minister a number of questions, which I will repeat for the Minister to comment on. He asks the Prime Minister when he intends to fulfil his commitment on Hizb ut-Tahrir and on what dates the Prime Minister and the Home Secretary have met to discuss the matter. He asks:

“Will you share with me, on Privy Council terms”—

and, one hopes, in a timely way—

“the latest available evidence about”

Hizb ut-Tahrir’s

“activities?”

He says:

“On the basis of the available evidence, is it still your intention to proscribe this organisation?”

and asks whether the Prime Minister has

“any plans to amend the relevant legal tests”

as set out in the Terrorism Act 2000 and amended in the Terrorism Act 2006.

Perhaps the Minister could shed some light on the Government’s response to those questions, because it is important that the House has placed before it the Government’s exact procedures and intentions in relation to proscription. Proscription should be a matter of last resort in order to safeguard our national security, and not the subject of off-the-cuff remarks or ill-thought-out pronouncements by the Prime Minister when he was Leader of the Opposition.

As I have said, we will work with the Government to protect our national security, and in that spirit we will support the order.

--- Later in debate ---

[Keith Vaz (Leicester East) (Lab)]

I hope not to detain the House for too long. I know this is a special day for you, Mr Speaker, and I would not like to keep you away from the birthday celebrations that are no doubt being planned for you in the Speaker’s house once you vacate the Chair.

This is a very important debate, and it is right that there is a full House to hear what the Minister has to say. In previous debates of this kind, the House has been almost empty; there is an assumption that such orders will go through automatically. That is why I am grateful for the way in which the Minister put the Government’s case, and for the way in which the Opposition said—I think—that they will support the Government.

[Shabana Mahmood]

indicated assent.

[Keith Vaz]

My hon. Friend nods. It is right that the questions that she put forward should be answered at some stage—not necessarily this evening, but as soon as possible. I associate myself with the remarks of the hon. Member for Carshalton and Wallington (Tom Brake), who raised issues that have to be addressed.

I sat through a number of debates on such orders on the Government Benches, when the Labour party was in power, in which Ministers came to the Dispatch Box and made the case for proscription. It is difficult for the House, because it cannot really challenge Ministers when they make such a case, because they come in good faith and they are in possession of all the information, much of it confidential and much of it given to them by the security services. We therefore accept what the Minister says in good faith.

Just the name of the organisation, the Pakistan Taliban, makes one want to ban it immediately because of the word Taliban. It is obviously not a friendly organisation. Although I know nothing about the organisation—I have heard as much as I know about it from the Minister tonight—I am happy to support what the Government are doing.

However, I caution the Minister and the Opposition—a number of Members raised this point when the Labour party was in government—to look again at the process that should be adopted when organisations want to challenge the decision. I was in the House when Mujaheddin-e-Khalq managed to get its proscription lifted. As the Minister knows, it was proscribed in March 2001, it challenged the decision in June 2001, and it was deproscribed seven years later. It took the organisation seven years to make its legal case against proscription. Therefore, from the point of view of the public, as opposed to that of the organisations, it is important at this time in the life of the Terrorism Act 2000, which has been with us for 10 years, to review the processes. I would offer a review by the Home Affairs Committee—I see that the hon. Member for Rochester and Strood (Mark Reckless) is here—but because the Government’s agenda on home affairs is so exhausting and plentiful, it is difficult to find the time to look at this issue. I am sure that we will do so, and certainly in the life of this Parliament.

It is important to consider the process. I will use the example put forward by my hon. Friend the Member for Islington North (Jeremy Corbyn), which involves a constituency interest for myself and others, of the previous Government’s decision to ban the Liberation Tigers of Tamil Eelam. As you know from visiting the island of Sri Lanka, Mr Speaker, the war is over. The LTTE has been defeated, its leaders have all been killed, including Prabhakaran, who was killed as part of the conflict, and the Sri Lankan Government have said that the LTTE no longer exists. However, members of the community who wish to support charitable causes in Sri Lanka are still sometimes questioned about their involvement, including those who take part in the annual ceremony that takes place on 26 November each year to celebrate the lives of those who have been killed.

Although this is, of course, a narrow order and the proscription applies to those who support the Pakistan Taliban, it is possible that other members of the community who are completely unassociated with this terrible organisation will in some way be caught up in the problem. I think that is what my hon. Friend the Member for Birmingham, Ladywood (Shabana Mahmood) was trying to allude to when she put her questions to the Minister.

I do not expect the answers tonight. After all, the Minister present is the Minister for Immigration, not counter-terrorism. I therefore do not expect the answers, although he is obviously very well briefed, a highly intelligent Member of this House, a hard-working Minister and all the other nice things I could say about him. I have mentioned your birthday, Mr Speaker, but it was also the Minister’s birthday on Monday, so we have to be nice to him. The questions that I have asked must be considered, and I hope that if the Minister cannot give me the information that I want today, the Minister with responsibility for counter-terrorism, perhaps in a letter to my Committee, or the Home Secretary next time she addresses the issue, will be able to put my mind at rest.

I fully support the order and hope that the whole House will. We look forward to ensuring that these matters, which by their nature have the possibility of affecting the civil liberties of citizens of this country, are kept under review as closely as possible.

--- Later in debate ---

[Jeremy Corbyn (Islington North) (Lab)]

I hope you are enjoying your birthday, Mr Speaker, and that this is an appropriate way to celebrate it.

I hold no brief for Tehrik-e Taliban Pakistan, and I do not wish to defend or support them in any way this evening. However, I want to follow the points made by other hon. Members on the process, which is not satisfactory. We add to the list of banned organisations during a Parliament, but the additions cannot be amended and the subject of the proscribed list is not open to general debate. There is therefore an argument for reviewing that process, and I hope the House heard what the Chair of the Home Affairs Committee said—he seemed to indicate that his Committee might well be prepared to conduct an inquiry into the process.

The legislation is now 10 years old. According to the list that I have just downloaded, 46 organisations are proscribed under the 2000 Act, and a further group of organisations are banned in Ireland—presumably that ban applies in this country too. The list contains organisations that clearly no longer exist, and organisations that have changed their names and exist under others. It therefore seems to me to be high time to review the whole question.

I take the point made by the hon. Member for Keighley (Kris Hopkins). Proscribing an organisation from a particular country or community affects that country or community, and it affects the attitudes that officials take towards them. It is therefore necessary to consider such things very seriously. For example, my right hon. Friend the Member for Leicester East (Keith Vaz) asked about the LTTE, but it no longer exists and the situation in Sri Lanka has changed dramatically. I would have thought that we ought to look at that as a way of promoting political discourse and dialogue to ensure that the Tamil community has a place for negotiation, representation and political action. That is surely what we are trying to achieve.

[Keith Vaz]

Another point is the pressure that proscriptions put on the police and their resources. We must be very careful how we proceed with proscription, because the police must go out there and interview members of the community, and possibly prosecute people.

[Jeremy Corbyn]

Indeed we must, because proscription puts a requirement—not just a pressure—on the police to do those things. Therefore, there is the potential for an enormous waste of resources, not to mention damage to community relations. After all, in this country, as I understand it, we try to include and incorporate, and to build good community relations rather than divisions.