Returning Jihadists: Treason Act

Debate between Lord Hodgson of Astley Abbotts and Baroness Williams of Trafford

Thursday 21st February 2019 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I hope the noble Lord agrees that the recent legislation has given more powers to the courts to prosecute. I am pleased that the noble Lord supported that Bill through its passage. I agree that the Treason Act 1351 is rather old. It was updated relatively recently—in 1861, I think—but whether a prosecution is justified in individual cases, and whether treason is the appropriate charge, will be a matter for the courts. I am not dismissing it. The Home Secretary has said that he will consider the matter—we keep all laws under review—but whether that charge is brought will be a matter for the courts.

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, during the passage of the Counter-Terrorism and Border Security Bill, to which my noble friend referred, my noble friend Lord Faulks and I tabled an amendment to the Treason Act 1351 to try to give the Government wider powers to deal with the fast-moving challenges to our security that now exist. In asking that the amendment be withdrawn—which it was—my noble friend said,

“in the knowledge that there is ongoing work in the Home Office to examine whether there are further gaps in our law, and in order to help us counter hostile state activity”.—[Official Report, 31/10/18; col. 1382.]

Could my noble friend update the House on the progress of that work?

[Baroness Williams of Trafford]

My noble friend is right to raise this matter because we have to constantly keep our laws under review to keep up with the fast-moving methods by which terrorists will seek to destroy the unity of this country. Laws are kept under review. Noble Lords have talked about an espionage Bill and a treason Bill. Certainly the CT Bill in which my noble friend took part was significant in updating some of our laws.