Counter-Terrorism and Border Security Bill

Lord Kennedy of Southwark Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 31st October 2018 Lords Chamber

[Earl Attlee (Con)]

My Lords, I too support the amendment. When I read it, I was surprised that it did not include the words “take up arms against Her Majesty’s forces” or something to the same effect. It is, as my noble friend pointed out, a procedural point. I gently point out, however, that we in this House have great freedoms of manoeuvre and are able to table amendments that you simply would not be able to in the House of Commons. I hope that, in the end, the provision will include the words “taking up arms against Her Majesty’s forces”. We cannot have UK citizens attacking the UK or its forces in an organised way while still enjoying our way of life and the privileges of living in the UK. How do we think our security services and Armed Forces feel when they realise that a member of the enemy was brought up in the UK?

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, Amendment 34, moved by the noble Lord, Lord Faulks, was the subject of some debate at Second Reading, and the issue has since been referred to several times. I was not persuaded then that this is the right way to proceed and, having listened to a number of noble Lords speak in favour of the amendment, I am not persuaded now.

As we have heard, the Treason Act 1351 is still in force today, although it has been amended. I believe it was last used to prosecute William Joyce in 1945 after the Second World War. As the noble Lord, Lord Faulks, said, it has a somewhat chequered history. There is ample opportunity to prosecute British citizens, and those who are not British citizens, who commit acts of terrorism for a range of offences, using legislation that is already on the statute book.

[Lord Elystan-Morgan (CB)]

My Lords, on the prosecution of William Joyce, I do not believe that any reliance at all was placed on the Treason Act. The basis of the prosecution against him was that he had left this country holding a British passport and, as such, had relied on the guarantee of safety of this country. There was, therefore, a reciprocal duty on him, which led him of course to commit treason.

[Lord Kennedy of Southwark]

I bow to the noble Lord’s greater knowledge on the matter and would not attempt to dispute his point.

The Bill gives the Government further powers and increases the sentence for various offences, which deals with the point about adequacy of sentencing. The Bill also gives further powers to the police and the intelligence services, which is important.

Having read the amendment, I see the point noble Lords are making, but it seems rather messy to me. I do not see what it would achieve for us. It is not a question of being timid. I love my country. My family came here as immigrants and this country has been very good to us. I just do not think the amendment is appropriate.

In response to the noble Lord, Lord Hodgson of Astley Abbotts, of course the first duty of the Government is to protect their citizens, and we support the measures they take in that sense and support them in the Bill. We will question them and argue over issues, but we support the Government in their measures to do that. I just do not feel that this amendment, no matter how well intentioned, takes us any further forward.

--- Later in debate ---

[Lord Paddick]

My Lords, Amendment 36 is in my name and that of my noble friend Lord Marks of Henley-on-Thames, and I will also speak to our other amendment in this group, Amendment 38.

Part 4 of the Counter-Terrorism Act 2008 requires those convicted of certain terrorism-related offences to keep the police informed of changes in their circumstances. Clause 12 sets out additional requirements by amending Section 48 (notification of changes) to include a new subsection (4)(c):

“If a person to whom the notification requirements apply becomes the registered keeper of, or acquires a right to use, a motor vehicle the identifying information of which has not previously been notified to the police, the person must notify the police of the identifying information of that motor vehicle”.


Slightly worryingly, they must give notification within three days.

We are reminded of the terrorist attacks in Westminster and London Bridge, where hire vehicles were used and—if I am right—in the case of the London Bridge attack at least, the car was hired within 24 hours of the attack. Amendment 36 adds that the right to use a motor vehicle includes the right to use it as a borrower or by renting. I expect the Minister to say that “the right to use” includes borrowing with the consent of the owner, but it is questionable whether, were the person intending to use the hire vehicle for illegal purposes, the contract with the car hire company would allow it to be used for such a purpose and therefore the person would legally not have the right to use it. In any event, it is clearer and more reassuring to include reference to borrowing and hiring of cars in the Bill. As the noble and learned Lord, Lord Judge, said earlier, it is much better if the law says what it means.

Amendment 38 addresses Schedule 1, and the new Schedule 3A to the Counter-Terrorism Act 2008 in relation to the financial information that those subject to notification requirements must provide. It requires information to be provided about each account that the person holds with a financial institution, but it does not cover accounts held by others to which the person may have access—for example being an authorised signatory to an account held by someone else.

It also does not cover a credit card account held by someone else where a second card may have been issued to the person subject to the notification requirements. We believe these to be omissions to the financial notification requirements. Amendment 38 therefore includes accounts which they are entitled to operate.

[Lord Kennedy of Southwark]

My Lords, Clause 12, as we have heard, is concerned with the notification requirements in the Counter-Terrorism Act 2008; it inserts additional matters into the Act that have to be reported in respect of motor vehicles. Amendment 36 moved by the noble Lord, Lord Paddick, sets out and includes the issue of borrowing or renting a vehicle. He rightly set out the whole issue about people renting or borrowing vehicles for use in the terrorist attacks that happened in Manchester, London and elsewhere. This is very sensible and proportionate amendment which identifies a potential loophole. I hope the Government will support it.

On Amendment 38, which amends Schedule 1 to the Bill, the noble Lord raised a very important point about the notification requirements for financial information— someone may have access to or may operate a bank account; they do not have to be the account holder. He made an important point about being the authorised signatory or being able to use a credit card. I am worried that, as it stands at present, the Bill could allow people to get around the notification requirements it proposes.

The noble Lord has raised important points on both amendments and I hope the Government can respond positively.

[Baroness Williams of Trafford]

I thank both noble Lords for their contributions to the debate, and thank the noble Lord, Lord Paddick, for what I believe are helpful amendments. I appreciate that they are intended to ensure more comprehensive coverage of the information to be notified.

Amendment 36 relates to the notification of the details of any motor vehicle which a registered terrorist offender is the registered keeper of, or acquires the right to use. Sadly, we have seen the use of motor vehicles as weapons in a number of recent terror attacks. Here in Parliament we have seen first-hand the devastating impact that such an attack can have, in the Westminster Bridge attack which took place last year. The benefits are obvious, ensuring that convicted terrorists are required to inform the police of any vehicle of which they have use.

I therefore fully recognise and support the intention of Amendment 36. It is essential that the provision should extend properly to vehicles which are borrowed or hired, which is the point the noble Lord, Lord Paddick, made. Hired vehicles were used in both the Westminster Bridge and Finsbury Park attacks last year. The terrorists responsible for the London Bridge attack attempted to hire a much larger vehicle than the van that was eventually used in the attack. This was just in the UK. We have also seen the use of vehicles as weapons in the Nice truck attack in July 2016, the Las Ramblas attack in August 2017 and the Berlin Christmas market attack.

I assure the noble Lord that this issue was carefully considered in the drafting of Clause 12, and that the existing reference to vehicles which the terrorist offender acquires the right to use will fully cover vehicles that are borrowed or rented. The Explanatory Notes to the Bill make this point. I therefore suggest that Amendment 36 is not needed, and I hope the noble Lord will feel content to withdraw it.

Amendment 38 similarly relates to a possible gap in the information to be notified to the police, in this instance relating to financial accounts. As currently drafted, this clause specifies that an offender must provide details of any account that they hold with a financial institution, or that is held by a company through which they run a business. Amendment 38 would expand this to refer also to any financial account which the registered terrorist offender is entitled to operate. The noble Lord has explained that this is intended to cover a scenario where a terrorist seeks to use an account which is not held in their name but over which they have effective control, for example because it is held in the name of their child or a relative for whom they have a power of attorney.

I thank the noble Lord for this amendment, which may have considerable merit in ensuring that the notification requirements cover all accounts which a terrorist offender might be able to use for terrorism purposes. The amendment requires more detailed consideration but, for now, I hope the noble Lord will not press it pending that consideration, and on the assurance that I will let him know the outcome of that consideration ahead of Report.