Terrorist Offenders (Restriction of Early Release) Bill

Lisa Cameron 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

[Sir John Hayes]

I am talking about the murderous intent of people I described earlier as wicked. I use that word advisedly: not all these people are mentally disturbed. Some may be, and we know from evidence that some are, but not all. Crime is not an illness to be treated; it is a malevolent choice, an act of wickedness, and wickedness is entirely different from mental illness. I know it is difficult for some to grasp that, but it is important to emphasise it.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

The right hon. Gentleman is making a very good point. Of course, if an individual were mentally disordered, the pathway for their rehabilitation and punishment would be through a secure hospital, rather than prison, which would deal with that matter.

[Sir John Hayes]

There are well-established ways of differentiating people in those terms, different ways of dealing with them in law, different ways of dealing with them once convicted, and different ways of dealing with them in the community. The psychologists and psychiatrists associated with the probation service and the Prison Service are well-accustomed to that differentiation, but in the public debate we need to be bold and brave enough to say that there are some very wicked people who want to do wicked things, and it is our job not only to deal with those things by anticipating, deterring and punishing them, but to reinforce public faith in the rule of law by saying so. This is an opportunity to do so as the Bill gives that life.

The second amendment is the one proposed by the shadow Minister. Again, I have great sympathy with it. All legislation relating to such matters benefits from pre and post-legislative scrutiny, both because we need to get it right, for the obvious reasons we have debated—its salience, its significance, its importance—and because, in order to build the consensus necessary across the House to proceed in a way that maintains public faith, pre and post-legislative scrutiny is important. As recognised by all the contributors to this debate, the emergency we face is such that that has not been possible on this occasion. I would resist the shadow Minister’s amendment, not because I do not believe in the principle or the sentiments behind it but because there is a very good case for the Select Committees—notably the Home Affairs Select Committee and the Intelligence and Security Committee—to look at this matter once the Bill has become an Act. I would be surprised if they did not. I know the Minister in his winding-up speech will—I will not say “invite that kind of scrutiny”, as I am not sure it is appropriate for a Minister to ask a Select Committee to investigate or scrutinise the Government—want to say that he would be surprised if they did not. That kind of reassurance would give great comfort to the House in measuring the effect of this important legislation.

--- Later in debate ---

[Chris Philp]

I thank my right hon. Friend for his question. In relation to the second part of it, terrorist-related offences do form part of this Bill. Part 2 of proposed new schedule 19ZA to the Criminal Justice Act 2003, which is found in schedule 1 to this Bill, covers terrorist-related offences under the Counter-Terrorism Act 2008 and lists the various direct offences, including manslaughter, culpable homicide and kidnapping, that are terrorist-related offences. Such offences are, therefore, in the scope of this Bill, and we will carefully consider the implications for the counter-terrorism Bill that we will bring forward in due course.

Turning to the level of the severity of offending, as I said to my hon. Friend the Member for Cheltenham (Alex Chalk), we will review all types of offending, so the whole spectrum will be in scope. As for how we define that “most serious” cohort, the Government are currently thinking quite carefully about the definition. I do not want to give my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) a definition today, because that will be a matter for the counter-terrorism Bill, but we are thinking about question extremely carefully, and the House will be able to debate it fully in due course.

The shadow Minister, the hon. Member for Torfaen (Nick Thomas-Symonds), asked about a review of the effectiveness of the deradicalisation agenda. I agree that the review is critical, and several Members raised it on Second Reading. We are setting up a new counter-terrorism programmes and interventions centre within the prisons and probation service that will look specifically at the de-radicalisation problem. We intend to publish further research and reports in the usual way, and I expect full scrutiny from Members. As my right hon. Friend the Member for South Holland and The Deepings said in his speech, we will fully embrace scrutiny of that description, and I would be surprised—my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) is not in his place—if the Justice Committee did not look at this area in due course. I accept the point made by my right hon. Friend the Member for South Holland and The Deepings that proper and deep scrutiny of this area is needed, because the de-radicalisation question is so important.

[Dr Cameron]

The Minister is making some good points. Is there any scope to look at additional types of charges that could be laid against those who actively radicalise others in prison?

[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.