Counter-Terrorism and Sentencing Bill (Third sitting)

Debate between Kenny MacAskill and Rob Butler

Committee stage & Committee Debate: 3rd sitting: House of Commons
Tuesday 30th June 2020 Public Bill Committees

[Kenny MacAskill]

Q Finally, given the importance being put upon separation centres, which do not, so far as I know, exist in the Scottish Prison Service, have you any idea how your colleagues north of the border are expected to cope if a great deal of weight is being put upon them?

Mark Fairhurst: This is the major concern from my colleagues at the only separation centre that is open, in Frankland. We have had one serious assault, and that member of staff had to be a moved away from the separation centre, because there is nowhere to transfer the prisoner. Once that prisoner goes to court, if he is convicted of that assault on the member of staff, where do we transfer him to? We do not. We keep him at Frankland.

We have got a Muslim member of staff at Frankland who is being moved from the separation centre because the terrorist offenders in that separation centre have threatened him. That is not right—staff are being penalised for doing their job because we do not have the capability to transfer violent and disruptive prisoners to another separation centre. We have funding for three, but we only have one open because of the red tape and the legalities of moving people into a separation centre, because apparently, if you have three or fewer prisoners in a separation centre, it is classed as segregation. Well, you know what? Staff on the frontline are not interested in how you term things; they are not interested in the legalities. They are interested in you keeping them safe and giving them the tools to do their job, so let us get these other two centres open and let us respect staff safety.

[Rob Butler (Aylesbury) (Con)]

Q Mr Fairhurst, let me echo the praise and the credit for your members that has already been mentioned. As a former non-executive director of Her Majesty’s Prison and Probation Service, I met many of your members, who do a tremendous job. What is your view of the current rehabilitation and deradicalisation programmes for terrorist offenders?

Mark Fairhurst: I think we need a full review of those two courses, simply because of the last two atrocities, where both offenders had attended one of those courses. One was, in effect, a poster boy for one of the courses. I would like to see a full review, because what do we actually class as a success? Do we class success as offenders attending and passing those courses, or do we class as success the offender who attended those courses being released and not committing further atrocities? We need to look internationally at what is on offer for terrorist offenders, certainly around Europe, if not the world. We really need to review what we class as success, because I am not sure that those two courses offer what they should.

--- Later in debate ---

[Kenny MacAskill]

Q I have one final question. Scotland does not have a regime operating polygraph tests. In your experience, how do you think Scotland could establish one, regulate it and be able to check against delivery?

Professor Acheson: I must say I am not a great fan of the polygraph solution. Polygraphs are a very good way to demonstrate a physiological response to nervousness. Most people who take polygraphs are going to be nervous, so it is a very inexact science. I think it is probably slightly better than tossing a coin.

I am much more interested in using technology—wearable technology, in particular—with released terrorist offenders that will give us biodata and geographical data to allow us to spot when somebody is starting to re-engage in terrorist offending in all sorts of ways. It would create a geo-fence that restricts their movements and give real-time information on how that person is. I am not at all suggesting that technology is not useful here. I think we need to have much more investment in that.

The particular issue that I have seen—it has been talked about before—is the issue of disguised compliance, or lying, in layman’s terms. I am very happy to tell the Committee that Staffordshire University hopes to start a piece of research on disguised compliance led by me and Professor James Treadwell. It is mostly in the realm of social work in relation to domestic violence, but we want to see if there are ways to avoid a situation in which somebody like Usman Khan goes through an apparently successful deradicalization programme without apparently recanting any of his extremist principles, which are then put into murderous effect. I think this is a very under-explored area. It touches on polygraphs, but it is much broader than that. It is about how we skill up the people who are making the decisions on questions such as, “Can I trust you? Is your change authentic and credible, or are you trying to pull the wool over our eyes?”

We cannot have a perfect system. A perfect system would destroy our civil liberties, because we would keep terrorist prisoners in jail indefinitely and achieve the very effect that terrorists hope for in creating massive disruption in a liberal democracy. However, I think that we can do a lot more in relation to skilling up people to make decisions about whether and when somebody is safe to release, and under what conditions, and for how long they can be supervised.

[Rob Butler]

Q Professor, do you agree that until we have better deradicalization and rehabilitation programmes, we need to ensure that terrorists remain behind bars for longer to keep the people of this country safer?

Professor Acheson: Yes, for the reasons that I have just mentioned. I think that our position in January, where people who were so dangerous that they had to be man-marked by armed police officers had to be released from custody, was absolutely intolerable. We need to be focused on public protection. In relation to terrorist offenders, the Prison Service needs a bit of a change of mindset. There is too much of a reclamation and rehabilitation focus. I am not saying that that is not important, but I am saying that in relation to these prisoners, there has to be a primary public protection focus and a primary national security focus. That is not to say that the regimes in which terrorist prisoners are kept should not be as full and as varied as possible, so that people do not become alienated and further full of grievance.