Counter-Terrorism and Sentencing Bill

Lord Bishop of Manchester Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 21st September 2020 Lords Chamber

[The Lord Bishop of Manchester (Maiden Speech) [V]]

My Lords, I begin by expressing my thanks to the parliamentary staff and fellow Members of this House, who have both welcomed me and helped me understand something of the workings of this place. I also congratulate the noble Lord, Lord Vaizey, on his excellent and entertaining maiden speech reminding us of the importance of rehabilitation—not only for sacked government Ministers. I declare my interest as chair of the Greater Manchester police’s Ethics Committee, which is recorded in the register.

I believe I may be unique among the Lords Spiritual in serving as Bishop of the diocese in which I was born, brought up and educated: I am a Bishop from Manchester as well as Bishop of Manchester. My education at the Manchester Grammar School taught me the proud history that Manchester and its surrounding towns have in women’s suffrage, the trade union movement and the extension of parliamentary democracy as well as this region’s place at the innovative heart of the industrial revolution.

In Manchester, I learned my love of numbers, going on to read and research mathematics at King’s College, Cambridge, before the blossoming of my Christian faith took me to Birmingham to study theology and, hence, into church ministry. I may be the only Member of your Lordships’ House able to tackle that medieval conundrum—“How many angels can dance on a pinhead?” —from two distinct academic disciplines.

The culture of Manchester is best represented by the city’s iconic image of the worker bee. However, bees are not only hard-working—they work together. Self-interest is subservient to the well-being of the hive. Manchester drew hard on that culture following the Manchester Arena terrorist attack of May 2017, to which noble Lords have already referred in this debate. It was my privilege to help lead my city in its response, and it is why I feel particularly called to speak in today’s debate. When the authors of terrorism sought to divide us, we came closer together, linking arms across the diversity of our city and region, which is among our principal strengths. I am fiercely proud of how Manchester held its head up high in the aftermath of an attack not only on innocent concert-goers but aimed at our very way of life.

I support the aspirations of this Bill and many of the measures included in it. Our first response to the threat of terrorism must be to improve the ways we prevent terrorist atrocities being planned and executed. Reducing the risk to the public from particular known individuals, especially those who already have convictions for offences linked to terrorism, has a vital role in preventing would-be terrorists from forming and carrying out their plans.

However, we will not defy terrorism through legislation that provides a recruiting sergeant for those who wish us harm. Long prison sentences, such as that properly handed out in the recent trial for the Manchester Arena attack, send a strong signal about our commitment to public protection. However, we must remember that they extend the isolation of prisoners from their families and the moderating influence of the wider community while keeping them for longer in close proximity with those who might seek to increase or reinforce radicalisation. This is particularly a concern for the youngest offenders.

Secondly, reducing the level of proof required for some sanctions, such as TPIMs, to well below the balance of probability may give rise to a sense of injustice, one that stretches far beyond the individual to whom the sanction applies, undermining the support from across the community, which is our strongest weapon in the fight against radicalisation. I urge Ministers to provide this House, during the various stages through which this Bill will pass, with clear evidence that the positive impacts of the proposals will outweigh the unintended negative ones.

In this House, we have a responsibility to ensure that the Bills we pass into law unite our society rather than divide it. If we apply a legal sanction that protects us from one individual—but at the price of radicalising three others—we will not control the threat. Terrorist ideology has its own replication number, every bit as deadly as coronavirus. Our challenge is to pass legislation that brings together the diverse voices of our land and carries confidence across the broad range of political, religious and other communities with whom we share a common life.

I hope that we will listen to those voices, both from within and beyond this Chamber as we debate this Bill, and will make improvements to it that will win the trust of those who we will need as allies in what is our common cause to protect the people of our nation and the values upon which Britain is built. I look forward to continuing to be a voice in this House for the diverse communities that make up Manchester and, especially, for those who are not so often heard.

Counter-Terrorism and Sentencing Bill

Lord Bishop of Manchester Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Tuesday 9th February 2021 Lords Chamber

[The Lord Bishop of Manchester [V]]

My Lords, I draw the Committee’s attention to my interest in criminal justice matters, specifically as chair of the Greater Manchester Police independent ethics committee, as set out in the register.

I am grateful to the noble and learned Lord, Lord Falconer, for tabling Amendment 28. I also note with interest Amendment 27 in the name of the noble Lord, Lord Anderson. His arguments are powerful, not least in distinguishing clearly between belief and a mere suspicion, a distinction which for me as a bishop lies at the heart of my day job.

As I indicated to your Lordships’ House in my maiden speech at Second Reading, this is a Bill that I welcome and support. My city of Manchester has all too recently suffered a terrorist attack that killed 22 innocent people and maimed and traumatised hundreds more. We remain deeply grateful for the support we received from members of this House, government Ministers and many others at that time and since.

What I seek from the Bill are provisions that will most effectively reduce terrorism across our nation. My concern, particularly with regard to this clause, is that sanctions that are deemed by particular sections of the British public as either too severe or to be based on insufficient evidence will prove counterproductive. Measures that are overly harsh or that can plausibly be presented as such breed a sense of injustice and resentment, and if those sanctions appear to be directed against particular sections of the community, that may deepen into alienation, and alienation remains one of the most effective recruiting sergeants for incipient terrorists.

We rightly demand a high level of proof for a criminal conviction and a lesser but still significant standard on the balance of probabilities for civil cases. What we are presented with in Clause 37 as it stands is far weaker. All we are offered as an evidential base for a TPIM is “reasonable grounds for suspecting” an individual. That turn of phrase, suspicion, has a somewhat troubled history. Large sections of our community have, I would argue “reasonable grounds for suspecting” that policing interventions justified by reference to that phrase have been used disproportionately against people of their colour, religion or lifestyle. To apply this suspect standard to something as significant as a TPIM, which may be extended for some years, will increase the very risks to our society that it is intended to address.

In his Amendment 28, the noble and learned Lord, Lord Falconer, offers us a modest strengthening of the wording to include a test of probability alongside that of reasonableness. I hope that the Minister will be able indicate to this House that some form of strengthening the clause, either through Amendment 28 or otherwise, will be supported by Her Majesty’s Government as we continue to debate the Bill.

[Lord Strasburger (LD) [V]]

My Lords, it is a pleasure to follow the right reverend Prelate, particularly because he and I are cuckoos in this nest of lawyers. I speak in opposition to the Question that Clause 37 stand part of the Bill.

The TPIM system is seriously problematic because it bypasses the criminal justice system to avoid the usual safeguards that protect liberty and fairness. The system allows a Government to rely on secret, undisclosed evidence while bypassing fair-trial rights and impose measures that severely interfere with the right to liberty, privacy, association and movement, and makes a breach of those measures a criminal offence. I do not expect to win the argument today about TPIMs per se but must object in the strongest terms to Clauses 37, 38 and 40. Between them, they make this troubling TPIM system far more constrictive while removing the main current safeguards.

The Independent Reviewer of Terrorism Legislation, Jonathan Hall QC, called the combined effect of Clauses 37 and 40 a “double whammy”. Taken together, they significantly lower the burden of proof at the same time as allowing TPIMs to endure forever for a person who has not been formally charged or prosecuted. The independent reviewer made it clear that he supports not changing the burden of proof and advises that it be left as it is. To my knowledge, the Government have yet to come forward with any convincing evidence for hardening the TPIM regime in any of the three ways that these clauses, Clauses 37, 38 and 40, would bring about. Indeed, the Independent Reviewer of Terrorism Legislation said in his note on the proposed reforms that it is,

“not clear why there is any need to change the law in the manner proposed.”

Even a third-ranking police officer, an assistant chief constable, who was wheeled out to support the Bill in oral evidence to the Bill Committee, conceded that,

“there have not been occasions thus far when the current burden of proof has prevented the application of a TPIM”.—[Official Report, Commons, Counter-Terrorism and Sentencing Bill Committee, 25/6/20; col. 20.]

Therefore, my two questions to the Minister are: why have the Government ignored the independent reviewer’s advice and where is the evidence to justify that decision? I look forward to his answers. I hope that he can do better than the “another tool in the box” mantra.

Clause 37 will reduce the burden of proof to such a low level as to make it almost no barrier at all. “Reasonable grounds for suspecting” covers a host of situations where an innocent person could unjustly lose their liberty and other rights, perhaps on the basis of a single, flimsy and uncorroborated piece of evidence. The courts have interpreted the standard of suspicion as a belief not that the person is a terrorist, only that they may be a terrorist. If a Minister merely believes that a person may be a terrorist, that is sufficient justification under this clause to impose a TPIM on them. With the best will in the world, this is such a low burden of proof that it makes the ministerial decision to impose a TPIM into a rubber-stamping exercise, more or less, with no constraints on the action whatever. The implications of such a severe and unfettered executive power should worry every Member of this House.

Combined with Clause 38, Clause 37 would mean that a Minister would have the authority to severely constrain the liberty of a possibly innocent person for ever, on the flimsiest justification, possibly cooked up by a rogue policeman, intelligence agent or government official, or it might just be that someone in the chain of command made an innocent mistake. We cannot allow this proposed new power to deprive someone of their liberty and other rights indefinitely—possibly longer than if they were convicted of a terrorist offence in a criminal court—when the process that put them there is so wide open to errors and abuse. There must be a meaningful burden of proof, but Clause 37 removes that. It therefore must not stand part of this Bill.