Counter-Terrorism and Border Security Bill

Lord Beamish Excerpts

2nd reading: House of Commons & Money resolution: House of Commons
Monday 11th June 2018 Commons Chamber

[Sajid Javid]

That is an important question from the Chair of the Home Affairs Committee, and I want to be clear in my response. This would not apply in the circumstances that she describes. The objective is clearly to find and punish those with terrorist intent. There will be a reasonable excuse defence, as there is for other laws, for those who have a legitimate use; the right hon. Lady gave one example, but it could apply to academics, journalists or news organisations. That defence will exist.

[Mr Kevan Jones (North Durham) (Lab)]

Like my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), I support many of these measures, but why is it three times? I accept the definition in terms of academic research, a journalist or the case of the Home Affairs Committee, but what happens, for example, if a teenager or someone with mental health problems watches a video more than three times? Do they automatically fall into this category, or does the reasonableness test apply?

[Sajid Javid]

The objective is to allow for the fact that it is quite possible for someone to accidentally come across such a video, be curious and watch it one time and perhaps a second time. I am not pretending that there is something magical about the number three. This is an attempt to capture repeated viewing, which may suggest that the intent is not innocent. Of course, should the Bill become an Act of Parliament and someone is prosecuted under this law, that decision would be made by the police, based on evidence and working with the Crown Prosecution Service. As with other criminal offences of this type, the CPS would use its judgment to decide whether it is in the public interest to prosecute.

[Mr Kevan Jones]

I am just intrigued why it is three times and whether this always has to be done in context. Clearly, if it is part of a pattern of behaviour and someone is watching not just one video three times but a series of videos, that is different but, if we are not careful, some opponents of the Bill will highlight the fact that anyone who watches such a video three times will necessarily get prosecuted, which I know is not the Home Secretary’s intention.

[Sajid Javid]

The right hon. Gentleman is right to make that point. Some people have already made similar comments, but clearly that is not the intention behind the Bill, and there are safeguards in place. I welcome his overall support for the Bill. This is why it is important to debate these issues and for Parliament to come to a collective decision. I am quite open to ideas from parliamentarians, and perhaps in Committee we can look more closely at these provisions to ensure that we have the balance right.

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[Sajid Javid]

Yes, I absolutely give my hon. Friend that assurance. As with many of these types of measures, there is always the need to consider what I would call a reasonable excuse defence.

Once we have brought terrorists to justice and secured their conviction by a jury, we want to make sure that the public are protected by locking up terrorist offenders for longer and allowing more robust supervision on their release. The punishment for terrorism must properly reflect the severity of the crime. That is why the Bill allows for the introduction of longer sentences, of up to 15 years, for a number of offences, including the collecting of terrorist information, the encouragement of terrorism and the dissemination of terrorist publications. Previously, the maximum sentence was up to 10 years for such offences.

As well as increasing the maximum length of sentences, we need to ensure that terrorist offenders are not released from custody until it is safe to do so. When they are released, they need to be subject to longer periods of supervision on licence. The Bill will achieve this by enabling the courts to impose a public protection sentence for a wider range of terrorism offences. Offenders will not be released automatically at the halfway point of their sentence, but will instead stay in prison until the Parole Board decides to release them.

We are also extending sentencing provisions to Northern Ireland that already operate in the rest of the United Kingdom. The sentences handed down by the courts in Northern Ireland have been of particular concern to some hon. Members, and the Bill will help to address that.

The Bill will make it easier to monitor terrorist offenders once they have been released by requiring them to notify the police of their bank or passport details and any vehicles that they may possess or have access to.

[Mr Kevan Jones]

I support the measures that the Home Secretary is outlining. In the briefing documents he sent before the debate, he referred to this measure as being similar to the monitoring of sex offenders in the community. In those cases, there is clear joint working between the probation service and police at local level. Is he envisaging a similar system for monitoring those who have been convicted of terrorism offences?

[Sajid Javid]

Yes, I am.

The Bill will update the law relating to terrorism reinsurance. The attack last year on Borough market highlighted a gap in the current arrangements that the Bill now addresses. In particular, I thank the hon. Member for Bermondsey and Old Southwark (Neil Coyle) for the important work that he has done on this issue on behalf of his constituents.

Next Tuesday will mark the anniversary of the attack outside the Finsbury Park Islamic centre last year. Our thoughts are with the family and friends of Mr Makram Ali, who died on that day a year ago, just as they are with the victims and survivors of other attacks last year in Westminster, the Manchester Arena, London Bridge and Parsons Green. We cannot turn back the clock to undo what was done in those five attacks, but we can and must learn the lessons and do everything in our power to prevent such suffering from being inflicted ever again. The Bill plays an important part in ensuring we do just that and I commend it to the House.

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[Alex Chalk]

That is pretty much everywhere, and I will give the right hon. Gentleman an example. How about an allegation of assault? Let us suppose the defendant goes out in the high street in Kingston in the right hon. Gentleman’s constituency with a baseball bat and starts swinging it around outside the pub, being reckless about whether someone might be struck by it. If he does recklessly strike someone’s jaw and they have a fractured jaw, the defendant can, and will in those circumstances, be convicted of a section 20 offence of grievous bodily harm. So the law does recognise that where there is recklessness, that can be sufficient mens rea for a large number—probably even the majority—of offences against the person. So to that extent all this measure would do is make sure the new legislation chimes with existing legislation.

The second provision I want to deal with has already properly been discussed: to

“update the offence of obtaining information likely to be useful to a terrorist to cover terrorist material that is just viewed or streamed over the internet, rather than downloaded to form a permanent record”.

First, we need to consider what material is being addressed here. It could be digital copies of “Inspire”, an online publication produced by al-Qaeda in the Arabian Peninsula. One edition of that publication contains material giving instructions about how to make a bomb using household materials; these are step-by-step instructions on how to manufacture an improvised explosive device with materials that we could buy in a hardware store and a regular supermarket. That is extremely serious and dangerous material if it gets into the wrong hands. Another example of the kind of material published in these online magazines is instructions on how to wreak the maximum amount of destruction using a vehicle in a crowded area.

To be caught by current provisions, such material has to be downloaded, but that creates a loophole because an individual who chooses to view this pernicious content by simply restreaming it could be outside the net. That would be ridiculous, particularly as every time one of these items is streamed, it will create digital artefacts on the computer. So an individual who downloads it—who has the full digital content on their computer—is liable to be prosecuted, but an individual who keeps streaming it, notwithstanding that that leads to some digital artefacts on their computer, would be outside the net. That would be truly perverse.

So while it is right to say that we should be mindful of the risk of people coming within the ambit of this provision, so long as the defence of reasonable excuse exists, we can be confident that that proper balance is struck.

[Mr Kevan Jones]

I am not a liberal on any of these issues, but there is a problem with this. One difficulty the security services face is dealing with the amount of material that is out there and targeting the right people. If someone who has viewed such material three times can be pulled in by this provision, does that not throw the net rather wide, making it more difficult for law enforcement to target the right people?

[Alex Chalk]

The right hon. Gentleman is right to raise that question, but I do not think that is the case. We accept that an individual deciding to view this material online and then download it on to their computer so that they can watch it at their leisure three times commits an offence—and we do so because terrorist offences often escalate quickly from the viewing of such materials. Given that we accept that, would it not be perverse to say that an individual who simply views this material three times—and while doing so takes account of the instructions in that material to build a bomb or wreak havoc with a vehicle—would be outside the law? That would be a bizarre anomaly, and it would say more about the digital habits of that individual than the pernicious nature of the content. So while we should always be mindful of the point the right hon. Gentleman makes, in my view the risks of doing nothing simply leave open huge loopholes that terrorists, who are increasingly digitally savvy, can exploit, so this is a proportionate and appropriate step to take.

[Mr Kevan Jones]

rose—

[Alex Chalk]

I am not going to give way again on that point.

If I may, I will move on to the issue of increasing the maximum penalty. At the moment, the maximum penalty under section 58 of the Terrorism Act 2000 is just 10 years’ imprisonment. The Bill proposes to increase that to 15 years. It is important to make the point that, certainly until the recent sentencing guidelines increase, someone pleading guilty to being in possession of material that might be of assistance to a person planning an act of terrorism could expect to be sentenced to just 14 or 15 months and to be released in seven months. We have to recognise, when we are dealing with these kinds of offences, that part of the necessity for the legislation is to ensure that dangerous people are kept out of circulation. In those particulars, this proposal is necessary and proportionate.

Elsewhere in the Bill, there are common-sense extensions including the proposal to add terrorism offences to the list of offences for which an individual can be subjected to a serious crime prevention order. That makes perfect sense, because SCPOs enable the authorities to continue to manage an individual convicted of a terrorism offence. In the interest of balance, it is important to note that the proposed legislation also contains protections for individuals. For example, it introduces a statutory bar on the admissibility as evidence in a criminal trial of oral admissions made in an examination at a port under schedule 7 to the Terrorism Act, so it would be wrong to get the impression that this is one-way traffic. Overall—certainly so far as part 1 is concerned—these measures serve to clarify and to extend in a way that chimes with common sense. They update the law, and they will lead to a modest strengthening of penalties, which is a calibrated, proportionate and modernising approach that I am happy to support.

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[Mr Kevan Jones (North Durham) (Lab)]

The first duty of any state is to protect its citizens. Historically, this has meant protecting ourselves from other states. That is still relevant today, but increasingly the threat is from terrorism, whether generated here or internationally. Is that going to diminish in the near future? Not from the evidence I have seen.

I would like to begin by adding my thanks to the members of the security and emergency services who reacted so professionally to last year’s tragic events in Manchester and London. We should not forget that members of our police, security agencies and armed forces keep us safe 24 hours a day. We should not take that for granted. The reaction to such events tends to be to want more legislation, but Dave Anderson, the independent reviewer of terrorism legislation, got it right when he said that the necessary legislation already exists. The intention of the Bill is to tighten up existing legislation. I broadly welcome the provisions in it.

It is clear that radicalisation is taking place through the internet. Dissemination of propaganda is not new. In times past, it would been done through pamphlets, books and meetings. In the 1790s, sedition Acts targeted radicals who argued for revolution from France. Throughout history, Governments have introduced various Acts to try to stop the spread of terrorism and what has been perceived to be radical thoughts against the interests of their citizens.

The situation today is rather different. Online radicalisation is not something we can put our hands on—we cannot put our hands on a book or a pamphlet; we cannot close down a meeting—and it is an international global phenomenon. The access point is relatively low. Sophisticated equipment is not needed to produce a video and upload it. It can be done using a smartphone or even a simple watch on one’s wrist. That is very different from what we talked about in relation to the Terrorism Act 2000. That shows the rate of change. It is right for the Government to react to this type of threat and to the changing way in which this type of radicalisation and propaganda is being put out there.

Another side to this issue, which is not covered in the Bill, although it would be interesting to know what the Government are considering, is terror and finance. I know the Government have taken some steps, but if we look at the open source literature, we see that the dark net is being used to raise money for terrorism organisations and organised crime. This is an area seen to be beyond the reach of law enforcement. In terms of extending that reach, I support the proposal in the Bill for extra-territorial reach to enable actions to be brought against those who radicalise individuals from overseas. This has been an issue. Those returning from Syria, Iraq and other places have been using that so-called safe haven to put out propaganda deliberately aimed at vulnerable people to ensure that they can be radicalised and to incite acts of terrorism here. The change in the Bill that allows those individuals to be prosecuted is right.

Many people who know me know that I am not a bleeding-heart liberal on this subject, but I am a bit concerned about some things in the Bill. There are two issues. First, are the measures practically going to make a difference? Secondly, will they give the opponents not just of this Bill, but of counter-terrorism legislation generally, a club with which to beat the Government? I think the Government have given them that on the viewing of online material, in terms of the three views. As my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) said, it would be illegal for someone to view something three times, but it would not be illegal, for example, for Google or another provider to host the material. The problem I have is not necessarily about whether this needs to be looked at—I think it does. However, it comes down to proportionality and whether there is the capability so that this does not overwhelm our security services and police. Clearly, if someone is viewing things on a regular basis and we can build up a picture of what they are doing, we need to have legislation or measures to take against them.

I give credit to the former Home Secretary, the right hon. Member for Hastings and Rye (Amber Rudd), for her efforts to try to get internet providers to take such material down in the first place. Hon. Members have spoken in this debate about artificial intelligence and other ways in which this may be done at a quicker pace in future—although sometimes we might want it to stay up longer, so that we can find out who is producing it. However, I want to ask the Government: how is this part of the legislation practically going to make a difference? If it is, the Government will have my 100% support for it, but I think it will be a diversion for campaigners against this entire Bill, which would be unfortunate. The right hon. Member for Kingston and Surbiton (Sir Edward Davey) is not in his place, but he talked about the issue of intent, and this is about intent. If someone is clearly downloading or sharing information that is already illegal on a regular basis, it is quite right that they are prosecuted, but I just wonder what practical effect the measures will have and whether we have the resources to police this or enact it in the first place.

I want to touch on a couple of other areas in the Bill. One is the management of those convicted of terrorism offences. Many of my constituents would think that if someone has been convicted of terrorism, they should stay in jail for life, never being released, but we know that that is just not practical. The Bill highlights an important point, which is how we manage these individuals once they have served their sentence. I asked the Home Secretary in an intervention earlier whether this would be done in the same way as it is, for example, for sex offenders who are released and monitored in the community, and he said yes. If that is the case, that is a good model, but it is expensive. If we are going to have that type of monitoring—I know it is effective and I know about the good cross-working in my area between the probation service and the local police— I just want to be sure that we have the necessary resources at local level. These individuals will need monitoring in some cases and that will be necessary and right if we are to protect our citizens. Therefore, I welcome that provision, but only with the proper resources at local level to be able to do it.

I support the provisions in the Bill that refer to Channel panels from local authorities. At the moment, the police can make referrals, but many individuals come into contact with other agencies, and there should be a mechanism for referring them to Prevent programmes. My only caveat is that training or some resource has to be provided for local authorities and others to ensure that they understand exactly how the system works.

We debated the entire Prevent programme earlier, and my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott) said that it did not have support in certain communities. I recognise that. It is partly down to a sustained campaign by certain organisations to discredit it. I am not opposed to reviewing the situation, but what would we put in its place? There is a lot of talk about the Asian community, but people involved in potential acts of right-wing terrorism are also referred to Prevent. I congratulate the Government on their new emphasis on right-wing terrorism. It is a growing problem not only in this country but across Europe. Some of the groups across Europe are certainly not benign and they commit acts of violence and terrorism not only against local Muslim populations and other minorities but to terrorise other individuals. What then would we put in place of Prevent? I have not heard anyone answer that. I agree with the right hon. Member for South Holland and The Deepings (Mr Hayes). Things can always been improved, and we should always look for improvements, but what would we put in its place?

I am not sure how we tackle this, but I am concerned also about the old issue of vulnerable individuals in communities. At least one of the terrorist outrages last year had a mental health element. We need a mechanism for identifying and helping at-risk individuals who do not come into the orbit of a local authority or the health service. These are very vulnerable individuals whose minds can be preyed upon and used by people with bad intentions. I am not sure how we do that, but we do need to consider it.

On ports, I agree with the hon. Member for Belfast East (Gavin Robinson), who covered the problems very well. I see what the Minister is trying to do, but I cannot see the need for it. It is slapped under the label of state actors, and if it is to deal with that, it has my full support, but I take on board the hon. Gentleman’s points. A related matter, and one that raises issues of entry to and exit from this country, is that of closed subjects of interest. From what I have seen, Salman Abedi travelled in and out of this country without ever appearing on any radar screen. There is, then, an issue around monitoring closed subjects and others who could be a threat as they move between countries.

Finally, I want to mention something that is not in the Bill and on which I would welcome the Minister’s response. David Anderson made some very good recommendations in his report. Some were operational issues for the security services and police, but others were around the selling of precursors for explosives, such as fertilizers and peroxide, and the hiring of vehicles. Are the Government yet in a position to look at what David Anderson said about those matters? Will they present proposals to tighten the regulation or monitoring of people who buy the precursors of potential explosive devices, or to deal with issues relating to the hiring of vehicles, which were tragically used in some of the attacks that occurred in 2017?

I broadly welcome the Bill, but it clearly needs more scrutiny. I hope the legislation that eventually emerges is proportionate and, at the end of the day, effective, because that is what we all want. I do not think we will ever be able to prevent every single act of terrorism, but our aim must be to make such acts as hard as possible to commit.