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.