Counter-Terrorism and Sentencing Bill

Lord Hunt of Kings Heath Excerpts

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

[Lord Hunt of Kings Heath (Lab)]

My Lords, first, I remind the House that my wife is an adviser on the Prevent programme in the further education sector.

The horrific attacks we have seen at Manchester, Streatham and Fishmongers’ Hall have demonstrated the risk the UK faces from terrorism. I am broadly supportive of the longer sentences contained in the Bill for dangerous terrorism offenders. But we should be mindful of the words of the noble and learned Lord, Lord Thomas, my noble and learned friend Lord Falconer and the noble Lord, Lord Anderson.

But one concern I have, mentioned by other noble Lords, is the extent to which rehabilitation and deradicalisation programmes will be put in place to accompany the longer sentences. We know in the case of Fishmongers’ Hall and Streatham that the attacks were committed by individuals who had been convicted, had been in prison and, as my noble and learned friend Lord Falconer repeated, seemed to have been neither deradicalised nor deterred by their time in prison. Indeed, prison may have made them worse.

The impact assessment refers to research that shows a risk of offenders radicalising others during their stay in custody. This is well known, and I hope that when winding up, the Minister spells out the details of what is proposed for supporting and expanding the rehabilitation programme. Can she say how much progress has been made in implementing the report by Ian Acheson into Islamist extremism in prisons? My noble friend drew attention to the fact that the Government accepted only a small number of its recommendations. I remind the Minister of a paper published last year for the Centre for Social Justice, in which Ian Acheson had some trenchant criticisms of the prison regime:

“Unfortunately, our current prison system seems to catalyse rather than remedy the very conditions which create offending. Squalor, indolence and brutality have become normalised within the walls of many of our jails… Ruinous cuts, inflicted on front line staff as the prison population increased, have made a mockery of a rehabilitation culture when staff routinely suffer serious assaults and cannot themselves feel safe at work, let alone be able to deal with record levels of prisoner self-harm.”


These are simply not the circumstances in which you can expect to conduct successful deradicalisation programmes. These must go alongside the longer sentences proposed in the Bill.

As someone who was on the Front Bench opposing the introduction of TPIMs and the removal of control orders in 2011, I find it tempting to go back to those debates, but the noble Lord, Lord Anderson, has pointed to a number of issues that have arisen since the abolition of control orders. I am afraid that as this is the Home Office’s second go at strengthening TPIMs, it only goes to show that what we warned about in 2011 needed to happen.

One issue in relation to TPIMs was raised with me by the West Midlands Police and Crime Commissioner, David Jamieson. Obviously, TPIMs involve extreme resource-intensive measures which must be used proportionately and only when necessary. David Jamieson argues that some local oversight would enhance the ability of the Home Secretary to make an informed decision when considering a TPIM application, variation or extension. PCCs could submit additional information or make recommendations to the Home Secretary in respect of the community impact and the impact on local policing resources which, as I said, can be intensive as far as a TPIM is concerned.

In today’s debate on sentencing, one speaker raised the point that local authorities were not mentioned in the White Paper. I hope that the Minister gives some thought to this suggestion. Perhaps I will return with a probing amendment in Committee.

Counter-Terrorism and Sentencing Bill

Lord Hunt of Kings Heath Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Tuesday 26th January 2021 Lords Chamber

Moved by

[Lord Hunt of Kings Heath]

10: After Clause 26, insert the following new Clause—
“Rehabilitation and de-radicalisation programme
Within six months of this Act coming into force, the Secretary of State must—(a) publish a strategy setting out how a programme of rehabilitation and de-radicalisation is to be applied to those sentenced under Part 1 of this Act; and(b) lay a copy of the programme before Parliament.”

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, first, I declare an interest, as my wife is an adviser on the Prevent programme in the further education sector. The importance of this amendment was driven home yesterday by comments from Jonathan Hall, the Independent Reviewer of Terrorism Legislation, when he said that terrorist prisoners are not being prosecuted for radicalising fellow inmates and that extremism is being encouraged behind closed doors in our prisons. Although I broadly support the major provisions of the Bill that are intended to ensure that serious and dangerous terrorist offenders spend longer in custody, they surely have to go hand in hand with a rigorous programme of rehabilitation and deradicalisation.

The Government’s claim that longer sentences will allow more time in which to support disengagement and rehabilitation is, frankly, fanciful in the light of experience over the last few years. Even the impact assessment published alongside the Bill acknowledged that there is limited evidence of the impact of longer prison terms on reoffending and that there is a risk of offenders radicalising others during their stay in custody. So far, the Government have been less than convincing on how they are to tackle the evident problems in our prisons with terrorist offenders, so my amendment seeks to ensure that Ministers have to publish a strategy setting out how a programme of rehabilitation and deradicalisation is to be applied to those sentenced under Part 1 of the Bill.

The importance of gripping this was certainly underlined by Jonathan Hall yesterday, when he announced that he has decided to review terrorism in the prison estate in England and Wales. As he said, how terrorism is detected, policed, disrupted and prosecuted when it occurs within the prison estate is relevant to the overall effectiveness of terrorism legislation. Mr Hall said that he is particularly focused on acts within the prison estate that amount to criminal offences, such as encouraging terrorism or disseminating terrorist publications, the status and influence of convicted terrorist prisoners within the prison estate, and whether there is any connection to prison gangs. His review is of course highly relevant to my amendment, and particularly to its timing, but it does not detract in any way from the need for a concerted government strategy.

It is not as though Ministers did not know that they had real problems here. In 2016, the review by former prison governor Ian Acheson warned of a growing problem within prisons. Anti-terrorism legislation passed in the aftermath of 7/7 had led to a significant increase in conviction rates for terrorist offences. He identified that, progressively, more of those offenders were held outside the high security estate and that some were proceeding through the offender management system towards release into the community. Such prisoners extended the threat of radicalisation beyond those arrested for terrorist offences. Other prisoners, both Muslim and non-Muslim, serving sentences for crimes unrelated to terrorism were then vulnerable to radicalisation by Islamist extremists. Acheson argued, four years ago, that

“a central, comprehensive and coordinated strategy is required to monitor and counter it”

and

“focus on greater coordination with the police.”

The Government responded in time by creating a new Security, Order and Counter Terrorism directorate. Specialist units were promised to allow greater separation and specialised management of the highest-risk individuals, with improved capacity for responding swiftly to serious violent incidents. Improved staff training, tightened vetting and removal of extremist literature were also promised, alongside greater focus on the safe management of corporate worship. For all those fine words, little progress has been made. Indeed, last week it emerged that only a handful of nearly 200 people in prison for terror-related offences were in the separation places recommended by Mr Acheson.

--- Later in debate ---

Against that background and in light of the assurances I have sought to give, I hope the noble Lord, Lord Hunt, will see fit to withdraw his amendment, and that in due course the noble Lord, Lord Ponsonby, will see fit not to press his.

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, I am grateful to all noble Lords who have taken part in what has been an important and fascinating debate. The noble Lord, Lord Carlile, backed up by the noble and learned Lord, Lord Woolf, and the noble Lord, Lord Paddick, paid tribute to the noble and learned Lord, Lord Stewart, and the noble Lord, Lord Wolfson, for their approach from the Front Bench. We have seen from the full reply of the noble and learned Lord, Lord Stewart, that that is endorsed by me and other Members of your Lordships’ House.

I do not pretend that this is easy. As both the noble Lords, Lord Carlile and Lord Faulks, said, deradicalisation programmes are difficult to evaluate, and we should not underestimate the challenge that any Government would face. But, as the noble Baroness, Lady Hamwee, said, there are some pertinent questions to be asked about the deliverability of the current programmes in relation to deradicalisation and the skills required by staff in prison.

The noble Baroness, Lady Jones, mentioned the importance of considering right-wing extremism as terrorism too, and I endorse that. I also endorse the implication from the noble Lord, Lord Robathan, that we as lay people have something to say in these matters. Indeed we do, and I always believe it right that in some of these technical debates we hear from lay people and not just people within the legal and policing professions.

My visits to prisons in my two years as Minister in the Ministry of Justice some years ago taught me about the power of good rehabilitation programmes, which is why I am so keen that the Government have a proper cohesive strategy for taking this forward. I also believe that, as a lay person, I bring a strong sense, as the noble Lord, Lord Paddick, said, that it is not right for the House to agree to these longer sentences without having some guarantees of the cohesive programme of rehabilitation and deradicalisation that needs to go with it.

I welcome Amendment 35, tabled by my noble friend Lord Ponsonby. It is different in detail but, as he said, overall our approach is the same. He was right to point out some of the practical issues involved, such as the fact that probation officers’ workload is so heavy, and the real issue in prisons: the cuts to front-line staff, which have caused such a problem to the whole estate and undermined the rehabilitation culture.

The noble and learned Lord, Lord Stewart, in his long, generous wind-up, emphasised the importance of data. He also set out some of the initiatives that the Government have taken since Ian Acheson’s report. I was grateful to him. He also referred to a number of achievements. The question is whether those are sufficient. From my point of view, I doubt that they are. Clearly Mr Hall’s review is a potential game-changer, and it is sensible to see its outcome. None the less, the Bill is an opportunity to ensure that, whatever that outcome, there is a requirement on the Government to come forward with a cohesive strategy. I think we ought to return to this on Report. Having said that, I thank all noble Lords and beg leave to withdraw my amendment.

Amendment 10 withdrawn.

Counter-Terrorism and Sentencing Bill

Lord Hunt of Kings Heath Excerpts

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

[Baroness Hamwee (LD) [V]]

My Lords, Clause 40 stand part is grouped with Amendment 31 in the names of the noble Lords, Lord Hunt and Lord Bach, which is very different. I shall confine my remarks to the clause. A curfew can be more than overnight. All the points about amendments we have debated this evening are relevant to the time—the hours of the day and night—during which a subject may be required to remain wherever he is living—plus, of course, in particular, engaging Article 5 of the European Convention on Human Rights, on the deprivation of liberty.

The ECHR memorandum published with the Bill is explicit that this provision is so that an individual can be required to observe longer curfew hours. That is not a justification, however. We have some case law, as I am sure other noble Lords may mention. In JJ, Lord Bingham said that account should be taken of

“a range of factors such as the nature, duration, effects and manner of execution or implementation”

of a measure—very much as noble Lords said on a previous group. The noble and learned Lord, Lord Brown, took the view that the absolute limit was 16 hours, and I understand that no curfew has been for a period longer than 16 hours since.

The ECHR memorandum makes the point that the principle of curfew does not breach Article 5, and I take that point, but the particular issue I want to raise in this connection is that the clause—that is, the change—makes it that much easier for the limits to be pushed longer and longer and throws on the individual the need to challenge them, rather than having clear limits set on the Secretary of State through legislation.

I am sure that noble Lords will understand, when it comes to the appetite, and indeed the ability, of an individual to challenge each measure, or extended measure, it is not an easy task. The balance—I think it is called “equality of arms”—moves completely out of balance through this clause. I beg to move.

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, rather like the noble Baroness, Lady Hamwee, I am not sure that our two amendments have any connection whatever. None the less, it is a pleasure to be able to make this short intervention on the Bill and to probe just a little more than I did at Second Reading the role of police and crime commissioners.

I do support the strengthening of the TPIM provisions. That the Government would have to do so was entirely foreseeable in 2011, when the coalition Government insisted on the abolition of control orders, despite the warnings that I and other noble Lords gave at the time.

My amendment was drafted after discussions with the West Midlands police and crime commissioner, David Jamieson. Clearly, the provisions are potentially extremely resource-intensive and need to be used proportionately and only when absolutely necessary. I would like to make two specific comments.

As the thresholds for a TPIM are lowered and the range of measures extended, it is important that greater scrutiny and oversight are implemented to give reassurance to individuals and communities that the legislation is being used fairly. These are of course issues of grave national security concern. The oversight offered by a police and crime commissioner could help to give the Home Secretary reassurance that full consideration had been given ahead of any decision regarding a TPIM. Local oversight could also enhance the ability of the Home Secretary to make an informed decision when considering a TPIM application, variation or extension. It would enable PCCs to submit any additional information or make recommendations to the Home Secretary in respect of the community impact and the impact on local police force resources—which, as has already been discussed, can be intensive for a TPIM.

It is not entirely clear how police and crime commissioners are currently made aware of TPIMs within their local area. Certainly, the chief constable should advise the police and crime commissioner when a TPIM is being considered, but there are no clear guidelines on how this should take place. My amendment would formalise this process. We know that the number of TPIMs in place nationally is small, and therefore it should not be envisaged that this additional step in the process would present a burden for police and crime commissioners or forces. As part of this process, the information would of course have to be shared within the most appropriate, secure environment.

At Second Reading, the noble Baroness, Lady Williams, responded to that point by saying that the Home Office already works very closely with the police before a TPIM is imposed and during its lifetime. She went on to say:

“The process ensures that TPIMs are imposed only following engagement with the relevant local police force and that community impact assessments are kept up to date.”


She then said:

“The Bill already contains a clause that will allow a TPIM subject’s relocation measure to be varied where necessary on operational resource grounds.”


On those grounds, she considered that my

“proposed amendment for an additional role for PCCs … in TPIM processes is … not necessary.”—[Official Report, 21/9/20; col. 1653.]

That was disappointing. The key issue here is that TPIMs are an intervention that places significant restrictions on a person’s life, based on the balance of probabilities. Given that, PCCs could add value in the process by seeking reassurance that due process had been followed. I remind the Minister that they do this for other policing powers that might be regarded as controversial, including stop and search and the use of covert services, and it would be appropriate if it were extended to TPIMs. I commend the amendment and hope that the Minister will be sympathetic.

[Lord Anderson of Ipswich (CB) [V]]

My Lords, I have just a little to add to what has already been said about Clause 40.

The current requirement that a residence condition be “overnight” has acted as a limitation on the maximum length of the nightly period of house arrest that may be imposed under a TPIM; the noble Baroness, Lady Hamwee, referred to some of the case law on this subject. Confinement to the home during substantial parts of the day may sound almost familiar in times of Covid but it would represent a major reversal of past practice. I see that my own 2012 report, to which the Minister was kind enough to refer, confirms that even control orders featured curfews of only up to 16 hours.

In that context, I have three questions. First, if Clause 40 is passed into law, for how many hours a day will it be permissible to confine TPIM subjects to their designated residences if that is considered, in the Minister’s words, “necessary and proportionate”? Is there any reason why it should not be for 23 or, indeed, 24 hours?

Secondly, what are the specific circumstances that make it necessary for public safety to extend these already formidable powers in this way? If they are to be credible after 15 years of real-world experience, please may we have actual examples, even if they must be anonymised, rather than hypothetical ones?

Thirdly, and more generally, my sense from the last few debates is that the Government will have to work quite hard if they are to persuade noble Lords of the operational case for some of these changes—particularly as they appear not to have persuaded their own independent reviewer, with all his privileged access to classified material. What proposals does the Minister have in that regard?