Terrorist Offenders (Restriction of Early Release) Bill

Kenny MacAskill Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[Kenny MacAskill (East Lothian) (SNP)]

I concur with the Lord Chancellor’s comments that one of the primary duties of any Government, in any country, is to keep their population safe. I would go as far as to say that that applies to everybody elected to this institution and indeed to any democratic Chamber. Nobody seeks to make their constituency, let alone their country, unsafe. It is in that spirit that we come to this debate.

We understand the spirit of the Bill and the need for urgency—our party has had to deal, in another Chamber, with urgent and special procedures on severe matters that present a danger to the public—but we obviously have other duties, too, and there must be an element of proportionality. I think the Lord Chancellor used the word “cohorts”. It is important that we put it on the record that, despite what might be put across by some tabloid newspapers or by others, we are not dealing with thousands or hundreds; he said that we were dealing with 50 individuals, although some have suggested that it might be an even lower number. Equally, we recognise that, although they may be few in number, the danger and damage they can cause in our communities is significant, as we have sadly seen.

[Dr Julian Lewis]

Although I concur with what the hon. Gentleman has said, he will recognise that keeping even one of these people under close surveillance can involve up to 50 members of special branch or MI5. Therefore, even a handful of them will severely test the resources of the security services.

[Kenny MacAskill]

Absolutely. I was going to come to that point, given my involvement as a former Justice Secretary in Scotland. We on the Opposition Benches have a duty not only to ensure public safety, but to challenge and hold the Government to account on proportionality, practicality and operability. We will test and probe issues to ensure that public safety criteria, which are shared on both sides of the House, are met, but I assure the Minister that we do not oppose the general principles of the Bill.

That brings me to the question of retrospectivity, which has been commented on by many Members. It is unusual, it is rare, it is infrequently done, but we are open to it, although we have some caveats, the major one being that we have to get it right. We appreciate and welcome the extensive consideration given to this matter and the sharing with all Members of the logic and thinking, but this is an important point. I am conscious of the analogy of wasps in a jar: if you shake them all about and then let them out, you will get stung. We are, as I say, sympathetic to the point about retrospectivity, but we take on board the points made by the Bingham Centre for the Rule of Law, which Members will have seen today. We seek as much assurance as the Minister can give—we recognise that no absolute assurance can be given—that he is as certain as he can be that we will not face protracted litigation, a rewrite or further emergency legislation, and that we will avoid the potentially calamitous problems that may follow. I think again of the analogy of wasps in a jar.

That takes us on to the substantive issues that have been dealt with by many Members on both sides of the House, but in particular by the hon. Member for Torfaen (Nick Thomas-Symonds). The real issue here is radicalisation. Our primary concern on the Opposition Benches is not so much the nature of the legislation, but the action with prisoners, current or future, that has been taken and must be taken in the future. It is one thing to detain them for longer; it is quite another to do something constructive with them when you have them. That is the nub of the problem, and that is the underlying issue that we are seeking to test with the Government.

I think it was the former Prime Minister, the right hon. Member for Maidenhead (Mrs May), who mentioned that all will ultimately be released. I had significant discussions with her when she was the Home Secretary and I was the Justice Secretary in the Scottish Parliament. The likelihood is that most will be released bar a very few, perhaps only a handful, and we must ensure that when that date comes, we are as safe as we can be. Although no Government can give every assurance that no one will reoffend, we must be as sure as we can be that the risk is limited, or, indeed, that the actions to protect the public have been taken.

That brings me back to why we are generally supportive of the thrust of the Opposition amendments, which were mentioned by the hon. Member for Torfaen. The real issue is not the legislation, but the action to deradicalise when people are within our prisons and monitor when they are without them. We also recognise that this is a relatively new phenomenon. Many Members have said that it has been with us for more years than they care to remember, but it is a challenge for those involved in criminal justice, because this is a new aspect. We have to think outside the box, which is why the input of imams, which was mentioned earlier, is so important. They are to be welcomed—and they sometimes face significant challenges, if not threats, themselves.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

The point that the hon. Gentleman is making is absolutely correct, but there will be some who will not be deradicalised. In that circumstance, and when the time comes for their release, they are not mentally ill but they have a different view of the world. Might we not need to review the treason law, as was suggested at the weekend by my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat)?

[Kenny MacAskill]

I do not think that that would be required. I think that there are other ways in which we can deal with these people. The Chair of the Select Committee will know better than I, and the law in Scotland is somewhat different in relation to how we address psychopathy, but dealing with mental health issues always involves difficulties. It challenges the courts as it challenges those in the national health service who quite correctly deal with those issues. I think that this comes down to the fact that we are dealing with a new phenomenon. There are those who are mentally ill and who are set loose to cause havoc—either individually or encouraged by others—and the health service has to try to deal with them as best it can, but there are others who are simply malevolent. There are powers under current terrorism legislation, so I do not think there is any need for additional measures in that regard.

That returns me to the question of how we deal with them within and how we deal with them without. Let me start with the latter. Obviously monitoring is extremely resource-significant, as was mentioned by the right hon. Member for New Forest East (Dr Lewis). It is not a matter of someone in a rain jacket tailing an individual, even if that someone is accompanied by another. It takes dozens, and often significantly more, because there is back-office work and there are different shifts, and there are different ways of monitoring in the world in which we live. The resources needed just to deal with one individual, never mind the accompanying supply chain, are significant, and we need assurances that that will be provided. More police are required, particularly south of the border. The impact of terrorism on policing is significant, and that must be taken on board, given the other demands that the police rightly face in our communities.

I now come to the former issue. This is relevant to what has been said about the Acheson review, which was published back in 2016. It appears that little has been done since then. I gather from discussions I have had that one of Mr Acheson’s recommendations—which was, quite correctly, welcomed by the Government—was that prisons should have specialist separation units. I understand that some four were subsequently established, but only one—at, I think, HMP Frankland—is in operation. I am open to correction or challenge, but if that is indeed the position, it is simply not good enough. If an independent reviewer of the stature of Mr Acheson—on which we all agree—makes a recommendation, you are duty bound to implement it. If he makes a specific recommendation for units that you go to the trouble of establishing, it is mind-blowing that only one should be operating.

[Joy Morrissey (Beaconsfield) (Con)]

I agree with the hon. Gentleman about the separation units. We need to think about how we can increase the numbers. People who are already radicalised arrive in prison and then prey on vulnerable inmates to increase the level of radicalisation. It has been suggested that those who have already been convicted of terrorist crimes should be placed in separate units to prevent the spread of radicalisation. The hon. Gentleman has made a very good point.

[Kenny MacAskill]

I thank the hon. Lady. The same has been done in previous years in the case of other prisoners. Even during my tenure, we had special units for those involved in paramilitary activities in Northern Ireland. This is something deeply specialised, but it will require action both by those involved in the establishment of the units and by the Prison Service.

That brings me to the question of deradicalisation programmes. I recognise the difficulty of checking against delivery and ensuring that the programmes are working, but I think that we need to take steps. I have a special request for the Minister: I think that prison officers should have an input in these courses. Their input is currently very limited—indeed, almost nil—and they are outsourced, which is understandable. There are also the specialist resources such as imams, who were mentioned earlier. However, we should recognise that prison officers have remarkable skills. They are able to tell who is pulling the wool over their eyes. They may not be trained in this or qualified in that, but they know psychology and individuals within the prison institution. They can tell you why someone is applying for a course—in the main, because no one can always get it right. They are hugely skilful in distinguishing those who are signing up because they want to be able to tick the box and satisfy the Parole Board from those who are signing up for a course because they believe in it. They do not engage with the prisoners just on the course; they live with them 24/7, and they can see who prisoners are interacting with and what their behaviour is like. I think that we have been remiss in this regard, and I ask the Minister to take my suggestion on board.

Let me end by simply saying that we are satisfied about the need for the Bill. We are satisfied with the general principles. We wish to be assured that retrospectivity will be addressed, and that resources both within and without will be provided. If that is done—although we accept that no Government can give us an absolute, categorical assurance that these people will not reoffend —we can at least go back to our constituencies and say to our constituents that we are doing as much as we can to keep our communities safe.

[Madam Deputy Speaker (Dame Rosie Winterton)]

It is a pleasure to call Dr Kieran Mullan to make his maiden speech.

Terrorist Offenders (Restriction of Early Release) Bill

Kenny MacAskill Excerpts

Committee stage & 3rd reading: House of Commons & Committee: 1st sitting: House of Commons & 3rd reading & Committee: 1st sitting
Wednesday 12th February 2020 Commons Chamber

[Chris Philp]

I thank the hon. Lady for her important intervention. The radicalisation of one prisoner by another is a deeply invidious phenomenon, and she is right to highlight it. The normal offences that would apply to any member of the public, including things like incitement to racial hatred, would apply to prisoners just as much. I encourage the authorities to use those laws where applicable regardless of whether the person doing the inciting, which is a criminal offence in itself, is in prison.

The hon. Member for St Albans (Daisy Cooper), in the same vein as the hon. Member for Torfaen, talked about the need to scrutinise the effect of this legislation after it has passed. Once again, I accept the thrust of what she says. It is important that we keep the effect of legislation under review, particularly where it is passed in such a necessarily expeditious fashion. I would expect the Justice Committee to take an interest in this, and the House will have a chance to take a great interest when we come to debate the counter-terrorism Bill in a few months’ time. There will then be a lot more time available for us to debate these matters and, indeed, to review the operation of this Bill, which by then will have been in effect for a few months.

In terms of an independent review that goes beyond Parliament’s Committees and, indeed, this House—as my right hon. Friend the Member for South Holland and The Deepings said in reply to an intervention by the hon. Member for St Albans—I expect that Jonathan Hall, QC, the independent reviewer of terrorism legislation, will be conducting independent reviews of exactly the kind the hon. Member for St Albans described.

I think that covers many of the points raised on the various amendments and new clauses. On the substance of the Bill, it is worth briefly highlighting that clause 1 specifies the release provisions we have been talking about and the two thirds release point for prisoners in England and Wales, at which point the Parole Board’s discretion will be applied.

Clause 1 also references schedule 1, which specifies the kinds of offences that are in scope. Part 1 of proposed new schedule 19ZA to the Criminal Justice Act 2003 defines the terrorist offences that are in scope, and part 2 defines the offences that may be determined to have a terrorist connection.

Clause 2 disapplies some historical transitional provisions dating back to the Criminal Justice Act 2003. Those are essentially technical amendments to make sure this legislation works in a way that is consistent with the Act.

Clauses 3 and 4 apply these provisions to Scotland. We are keen to make sure that the public in Scotland are protected as much as the public in England and Wales. In that context, I am grateful to the hon. Member for East Lothian (Kenny MacAskill) for his supportive remarks. I hope I can infer from his remarks that our colleagues in the Scottish Government in Holyrood are supportive of the proposals.

[Kenny MacAskill (East Lothian) (SNP)]

indicated assent.

[Chris Philp]

I am grateful for the hon. Gentleman’s confirmation that the Scottish Government support these provisions.

Clause 5 relates to the setting of licence conditions. Clause 6 makes further consequential amendments relating to transitional cases. Clause 7 makes further consequential amendments that apply to England and Wales. Clause 8 makes transitional provisions in relation to offenders in Scotland and, again, clause 9 makes further consequential amendments that apply to Scotland.

Finally, clause 10 specifies the Bill’s territorial extent and commencement. It is worth saying that commencement will be upon Royal Assent, and we therefore hope the Bill takes effect from 27 February, which is important from the perspective of the release of certain dangerous offenders.

I hope that covers the clauses and schedules, and that they will stand part of the Bill.

--- Later in debate ---

[Kenny MacAskill (East Lothian) (SNP)]

I echo the comments of both the Opposition spokesman and the Lord Chancellor. We have put on record the requirement for unity on this issue. I thank the Lord Chancellor and his staff for the manner in which they introduced the Bill. Legislation is never easy, and this Bill was particularly difficult with regard to the retrospectivity, but as much information as could be provided was provided. As others have done correctly, I put on record our tribute not only to those in the Government offices who have drafted the legislation, but to those involved here at Parliament, because they must have been working long into the night to make sure that information was provided for Members.

With those tributes appropriately made, I simply concur with the thanks to all involved.

Question put and agreed to.

Bill accordingly read the Third time and passed.