Counter-Terrorism and Security Bill

Khalid Mahmood Excerpts

Tuesday 9th December 2014 Commons Chamber

[Pete Wishart (Perth and North Perthshire) (SNP)]

These are terrible amendments. They are so sadly and typically new Labour. The control order regime was the centrepiece of what is commonly described as the new Labour anti-civil libertarian state. It had all the usual new Labour features: suspicion, restrictions without trial and sweeping powers for the Secretary of State to make up her mind about convictions. New Labour was always on the wrong side of the crucial balance between making our nation safe through security-related legislation and upholding civil liberties. The control order regime was part of the central agenda that new Labour constructed, which included the suggestion that suspects should be locked up for 90 days without trial, ID cards and national databases. Under new Labour, we became probably the most restrictive, anti-civil libertarian state anywhere in the European Union.

As Members have said, there have been no prosecutions of people on control orders or TPIMs. That suggests that they are either really good or really rubbish. I supported the Conservatives when they moved against control orders. They did the right thing in abolishing control orders. We did not like TPIMs because they had features that were sadly reminiscent of new Labour’s control order regime, but the Conservatives seemed to be rowing back from the anti-civil libertarian state that had been constructed by new Labour and we supported them on that basis.

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

Does the hon. Gentleman have an alternative proposal to put to the Committee?

[Pete Wishart]

The hon. Gentleman hits the nail on the head. These measures are counter-productive in trying to make our country safe. All they do is tip people off that there is a particular issue with an individual. If there is a terrorist community, the first thing that they will take note of is the fact that somebody has been the subject of a TPIM or a control order. It alerts them to the fact that something is going on. I am all for making our country safe, but have there been any prosecutions? No.

The saddest and most bizarre feature of control orders and TPIMs is that they are all about suspicion. There is never enough evidence to test these matters in court, to take them to trial, to have a judge and jury decide whether something is going on. It is all about suspicion. That is the critical feature of TPIMs, as it was of the control order regime. How can anybody try to secure their innocence when they are subject to such measures? They have no opportunity to do so at all. They just have to accept the situation.

Unfortunately, the relocation measures will bring TPIMs right back to where we were with control orders. That was the defining difference between TPIMs and control orders. It is therefore particularly depressing that relocation is a feature of the new TPIM regime in the Bill. I hope that the Minister will resist Labour’s call to extend the powers further by making relocation even more restrictive and having another list of qualifications in the TPIM regime. I know that he will resist that and ensure that Labour, in its new Labour guise, will not have its way.

--- Later in debate ---

[Mr David Hanson (Delyn) (Lab)]

There has been a change on the Opposition Front Bench, while the Minister has had to continue, but I assure him that he will have our support on this group.

There is a substantial and severe threat of terrorist attack in the United Kingdom and the Opposition support the broad thrust of these measures. The Minister did not explicitly say it, but the explanatory notes indicate that about 500 individuals have travelled to Syria and Iraq because of their wish to join terrorist organisations, in particular ISIL. The measures are designed to enhance legislation—section 124 of the Nationality, Immigration and Asylum Act 2002, put in place by the previous Labour Government, and the Nationality, Immigration and Asylum Act 2002 (Authority to Carry) Regulations 2012—in response to the changed circumstances. We support the broad thrust of the measures.

I have a few questions for the Minister and I hope he will reflect on them. They relate mostly to consultation, cost and scope. The Minister said that clauses 18 and 19 form the main provisions for the changes to authority-to-carry schemes, and that clause 20 and schedule 2 amend the law on the provision of information from carriers to the Secretary of State. The explanatory notes state that the Minister has undertaken a consultation, but I think he will recognise that the consultation was swift, if I may say so, and relatively short. I would welcome information on who responded to the consultation and what the responses were. If he does not have that information today, perhaps he could write to me.

I raise those issues because the Government’s impact assessment makes it clear that the measures, although welcome, relate to border security and will cost UK-registered businesses about £2.1 million net cost a year, with start-up costs approaching £10 million, at £9.7 million. The Minister has information relating to 11 scheduled registered carriers, but he will know that 144 carriers were not included in the assessment. Many carriers do not currently have the systems, which are referred to in previous legislation, in place. Scheduled carriers may be required to install interactive systems that would mean no-fly alerts and passenger screening requirements provided directly into carriers’ systems. The impact assessment makes it clear that while there are 11 registered carriers, of which only one already uses the system the Government want, there are 144 carriers operating scheduled flights into and out of the UK that are not UK-registered, of which only 11 use the system the Government want to introduce. I would welcome some clarity from the Minister not just as to the discussions he has had with the registered carriers, but on what assessment he has made of the wider costs for those carriers that are not registered. For a non-interactive carrier, the estimated cost of implementing an interactive system is £975,000, with annual maintenance costs of £125,000. That means that there could be costs of around £139 million to non-UK carriers who do not have those systems in place.

The impact assessment says:

“The consultation to gather relevant data was brief. Whilst data was provided by a sample of UK carriers we cannot be sure they are fully representative. In addition different carriers may face different costs dependent on their size or their existing systems. In the absence of this data we assume that carriers are all affected in the same way.”

That is the Government’s own impact assessment and it is really important that, as part of our consideration this afternoon, we have some indication from the Minister of the consultation responses. He may well already have published these—sometimes things pass one by in opposition—and if so, I would be grateful if he could refer me to where they are. If not, I would be grateful if he published the responses to the consultation.

It is also important—the Minister has touched on this—that the clauses ultimately include rail, maritime and non-scheduled aviation traffic as part of the regime that he is seeking to introduce. But I believe—I would welcome his confirmation—that there has been limited, or dare I say nil, consultation with rail, maritime and other suppliers. The Minister has indicated that there will be affirmative resolutions on these matters, but I would welcome him confirming at what stage he intends to undertake further consultation on costs and implementation with rail and maritime providers.

I have had a helpful brief from the Immigration Law Practitioners Association, which has raised a number of issues, some of which the Minister will be able to answer. But it is important that we are clear that the Minister’s aspiration—one shared by the Labour party—to have exit and entry checks undertaken at the earliest opportunity is separate from the measures in the Bill, particularly given the difficulties we have had with the e-Borders programme recently, the cancellation of e-Borders and the progress that the Government seek on an entry and exit check by April 2015. Helpfully the Minister has today answered a parliamentary question to indicate that that is still the Government’s objective but I just wanted to examine the relationship between the proposals in the clause, which may not be in law until February or March next year, and the wider exit and entry checks the Government are seeking to introduce.

I would particularly welcome the Minister’s confirmation that the measures in the Bill are fully compatible with EU law and with the laws of other states that passengers will travel to and from and with whose laws carriers must comply. It is important that we put in place measures in our own legislation, but I would welcome the Minister’s consideration of the compatibility between them and our obligations to our European colleagues and elsewhere.

The Labour party supports the measures because of the threat and the need to monitor and to take effective action against not just those coming to the UK, but those leaving the UK. The need to ensure that we prevent individuals leaving these shores from undertaking terrorist acts is paramount. The Minister will not find a cigarette paper between us on dealing with that issue, but I hope that he is able to reflect on the points I have made today on three issues: cost, compatibility with other legislation in Europe and beyond, and the key question of implementation, not just in terms of current carriers but in terms of the carriers who are not registered but who do currently travel both to and from the UK.

[Mr Khalid Mahmood]

While endorsing everything my right hon. Friend the Member for Delyn (Mr Hanson) has said and in restating some of the issues around costs and capability, I think it important in considering this part of the Bill not to experience the same things that we have experienced before. I am thinking of Abu Rumaysah who unfortunately made his way across the sea to join ISIS, putting on his Twitter account:

“What a shoddy security system Britain must have to allow me to breeze through Europe to the Islamic State.”

I am sure that we all want this part of the Bill to work to prevent that sort of thing from happening. In doing so, however, we must ensure that we provide proper consultation and enough time to deal with this properly.

There are concerns about how we look at the problem, particularly in respect of what notice carriers have when people can book tickets on their phones, their iPads or any other electronic instrument and can get straight to the port, sometimes by rail and sometimes by air. There are important issues about the speed with which people are able to get to the port after booking at the last minute. How do we move forward and improve that system? Answering that means contending with some very serious issues.

I want to bring to the Minister’s attention some of the reasonable work that has been done on this issue, particularly by Sussex police. The police there have a programme called the “BIG MAC”, but unfortunately this does not mean that the hon. Member for Beckenham (Bob Stewart) is having a late lunch. In fact, it refers to evidence-based risk factors for assessing people when they travel to or exit a port. It is based on “identifying, assessing and referring”, and as my right hon. Friend the shadow Home Secretary said, this entails having sufficient staff and security personnel at the border. She said she was prepared to commit additional staff to deal with this issue, and I would fully endorse that sentiment.

BIG MAC is based first on behaviour, the B. It is assessed during an exam, and looks at the person’s mental health, physical health, reaction when they are stopped, and their beliefs when they are questioned at port. The next aspect is identifying, the I, and meaning and belonging, and the attitudes expressed when the following issues are raised: family, friends, society, cultural change, integration and diversity, dissatisfaction with life, and seeking change, adventure and excitement.

Then there is a section on grievances, the G, which involves injustice, threats and vulnerabilities. This covers the “them and us” thought process; the dehumanising of identity, beliefs, culture, society and religion; people’s place in society, culture and religion; any history of violence, whether victim or offender; and setting events such as past police interventions, bullying, abuse at home, drinks, drugs and so forth. The next part deals with motivations, the M, either personal or externally driven, and covers religious, political, ideological, cultural, single issues or personal issues; financial aspects; and family or friends. It then deals with attitudes, the A, towards criminal offending, harmful means, being dominant, controlling or submissive and susceptible, and activism and participation.

Finally, the C in BIG MAC means capability factors, and these cover knowledge, skills and competencies such as fighting, training, ideologies, occupation-related skills, IT, medical and so on; access to these through equipment, networks, clubs, individuals and IT; criminality and intervention factors, including the use of violence and attitudes towards violent means; and travel history. This BIG MAC process allows security personnel to do their job in accordance with strategies that have been developed. I would be pleased to pass this information to the Minister if he wants to understand how the Sussex police are dealing with the problem.

The particular person associated with the project is Detective Sergeant—perhaps he should be Superintendent —Mike Redmond. He is based at Gatwick and has done a huge amount of work on psychological assessment in relation to these issues. He has put this plan forward, and is working with the port authorities and security personnel to ensure that these sorts of recognition factors are in place so that people can be stopped and dealt with properly and formally. It is very important that we look at these sorts of factors, but that will only happen if we have the processes to do it.

[Bob Stewart]

In the old days, when I was working with the security services in Northern Ireland, it used to be called profiling. Does the hon. Gentleman agree that we are looking at a form of profiling again?

[Mr Mahmood]

The hon. Gentleman is far more informed on these matters than I am, and I certainly would not argue with him about that. This is a similar approach, but it psychologically categorises the processes within that and shows how it can be dealt with. It is easier for the people operating these systems to be able to recognise particular behavioural patterns and to deal with them. This does do what the hon. Gentleman says, therefore, but it is important that this has already been designed and that security personnel are working with it. In order to meet the issues raised in clause 18, it is important that we have such a system in place, but the only way we can do that is by sharing best practice. That has already been done by Sussex police, and I commend that approach to the Minister and hope he takes lessons from the work that has already been done by Detective Sergeant Mike Redmond. We should all acknowledge the great work he has done.