Crime and Policing Bill

Lord Marks of Henley-on-Thames Excerpts

Tuesday 27th January 2026 Lords Chamber

[Lord Marks of Henley-on-Thames (LD)]

My Lords, the noble Lord, Lord Verdirame, used the phrase “getting proscription right”. He is absolutely right. I support both amendments. The noble Baroness, Lady Jones, was correct in saying that we have to have in respect of Amendment 449 more independent parliamentary scrutiny, and that goes for Amendment 454 as well. The noble Baroness, Lady Lawlor, was right to say that we are looking for checks and balances. These amendments are concerned with democracy, with Parliament having a say and the opportunity to consider government proposals.

Amendment 449, which was economically and persuasively moved by the noble Viscount, Lord Hailsham, is plainly sensible. Involving the ISC and for the Government to give reasons to the ISC before proscribing an organisation would increase the confidence of Parliament—all sides of both Houses—in the Government’s decision. As everyone has said, proscribing is a serious and important decision on a matter of great significance for the rights of the individual, the rights of groups and the public at large. I suggest that it would not just increase the confidence of Parliament to have ISC involvement; it would also increase the confidence of the public in these decisions.

The ISC is, of course, independent, parliamentary—it involves Members of both Houses—and cross-party. That seems to me, and I suggest is, an important reason in favour of ISC being involved. It is entirely consonant with the Minister’s assurance on the last group that the Government act on the advice of the security services in making decisions on proscription. That is as it should be—we would expect them to act on advice—but to involve the confidential parliamentary committee in that process can only improve the procedure.

I refer to another point made by the noble Baroness, Lady Chakrabarti. We should always be aware of the dangers of an overmighty Executive not being as reasonable with their opponents and with others as we are used to expect. Things may change. Looking across the water at the United States, as the noble Baroness, Lady Lawlor, did, shows us that respect for democratic independence and procedures is fairly shallow and has to be protected. We should not be complacent about the possible dangers, and I suggest that this is a way of showing that lack of complacency. For the reasons of an added layer of democracy and added independence, the involvement of the ISC would add to our national security and not detract from it.

I agree with the noble Baroness, Lady Chakrabarti, when she said that there could be no reasonable opposition to Amendment 454. The idea that orders should be able to relate not to a single organisation but to multiple organisations is simply absurd. Palestine Action was proscribed alongside two other organisations. One was the Maniacs Murder Cult, a “white supremacist, neo-Nazi organisation”—I am using the Government’s description. It had claimed a number of violent attacks globally; it supplied, and supplies, instructional materials explaining to followers, mostly online, how to conduct terrorist attacks.

The other organisation was Russian Imperial Movement, another white supremacist organisation, described by the Government as “ethno-nationalist”, with the aim of creating a new Russian imperial state. That may sound eccentric, but it runs a paramilitary organisation called Partizan, which increases its adherents’ capacity for terrorist attacks. Indeed, two Swedish nationals attended Partizan in 2016 before committing a series of bombings in Gothenburg, Sweden, with devastating results.

The idea that Parliament—this House and, more importantly, the other place—should be given no choice but to approve or to deny proscription of all is, frankly, an insult to Parliament. MPs and Peers were given no choice but to approve or deny proscription of all. I know that MPs on the Liberal Democrat Benches were deeply offended by that denial of choice. It is illogical, undemocratic and unfair. It demeans Parliament not to allow individual MPs to exercise a fair choice over whether to proscribe a particular organisation. These decisions need to be taken individually and on their own merits, having regard to the arguments for and against proscription of each organisation concerned as it arises. The procedure for that would be simple, as the noble Baroness, Lady Chakrabarti, explained. It should not be a job lot put before Parliament as an executive decision, with no choice given to Parliament except the choice to endorse the job lot or not.

[Lord Cameron of Lochiel (Con)]

My Lords, this has been a short but very interesting debate. Amendments 449 and 454 concern the important and sensitive process by which organisations are proscribed under the 2000 Act.

Amendment 449 in the name of my noble friend Lord Hailsham raises a legitimate question about parliamentary involvement and scrutiny in the proscription process. As we have heard, the ISC has deep expertise, access to classified material and a well-established role in scrutinising national security matters. There is therefore an understandable attraction in ensuring that it has sight of and can report on the reasons for a proposed proscription before an order is made, except in cases of genuine urgency.

It may be, though, that the ISC would be receiving the same advice on issues of proscription from the same organisations, be they the police or the security services, as the Government, so there might be an issue of duplication. It is also important to recognise that proscription decisions often need to be taken swiftly in response to fast-moving threats. The Executive have to retain the operational flexibility to act decisively to protect public safety. I accept that the amendment recognises this through its “urgency” exception, but we need to consider very carefully where the balance should lie between enhanced parliamentary scrutiny and the need for speed and discretion in matters of national security. I genuinely look forward to hearing the Minister’s view on whether the existing framework already strikes the right balance. If there is scope for a greater formal role for the ISC, that cannot impede operational effectiveness.

Amendment 454, tabled by the noble Baroness, Lady Chakrabarti, addresses another important aspect of the proscription regime. As we have heard, it would require each proscription order to relate to a single organisation only. It seeks to strengthen parliamentary scrutiny and accountability. I can understand the argument presented, as usual, so eloquently by the noble Baroness, but I also recognise that these are ultimately matters for the Executive and not the legislature. I await with anticipation the views of the Minister on both amendments.

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[Lord Hanson of Flint (Lab)]

I am grateful to my noble friend. I just say to her that the fact that there were three organisations bundled together in July last year did not stop a significant number of Members of Parliament, nor a significant number of Peers, voting against the order. They may have voted against it because they did not like Palestine Action, but I put to my noble friend again that Palestine Action had crossed exactly the same threshold as the two other organisations in that order. The judgment is not a judgment about Palestine Action. It is a judgment about the intents of Palestine Action, in line with the intents of the other two organisations in that order, which the noble Lord, Lord Marks, referred to, and which gave an explanation of their actions.

I was accountable at this Dispatch Box to say that those three organisations had crossed the threshold. Here was an order that we put together for speed and efficiency—accept my logic or do not. Both Houses accepted the logic. Some people voted against, maybe because of Palestine Action, but in voting against Palestine Action the logic was that they were voting against exactly the same tests that had been put against the other two organisations. That is the point. I give way.

[Lord Marks of Henley-on-Thames (LD)]

I ask the Minister to consider two points. First, the procedure that he has described involves an executive decision that the organisations had crossed the threshold and an executive decision that they ought to be proscribed. That is not a parliamentary decision; far from it. If you are going to give Members of Parliament a meaningful vote, they have to have an opportunity to express a view on each of those proscriptions. That is the first question.

The second question is rather simpler. We have a parliamentary service of unparalleled quality. It would not be beyond the wit of that service, or generally, to devise a system of degrouping whereby, if either one or a number of MPs or Peers wanted the orders to be drawn up separately, they could be drawn up separately. If everybody was content that a bundle of 24, 15 or three orders could be dealt with together, they could be dealt with together. That would involve minimal consultation and a slight procedural adjustment, but it would involve the importation of fairness and good sense into a procedure.

Certainly, those people I know who voted against the proscription of the three had nothing against the proscription of the other two but were concerned that they were being told they had to vote against all three if they wished to argue against the proscription of the Palestine Action group. I ask the Minister to accept that that is unfair and a denial of parliamentary democracy.

[Lord Hanson of Flint (Lab)]

I give way also to the noble Lord, Lord Verdirame.

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Moved by

[Lord Marks of Henley-on-Thames]

453: After Clause 190, insert the following new Clause—
“Threshold for offences to be considered as terrorism-related: review(1) Within six months of the day on which this Act is passed, the Secretary of State must establish a review into what the effect would be of raising the threshold of offences which can be considered as terrorism-related offences under the Counter-Terrorism and Sentencing Act 2021.(2) The review specified in subsection (1) must report within nine months of its establishment.(3) Within one month of the day on which the report is published, it must be laid before Parliament, and the relevant Minister must table a motion for debate in each House on the report’s conclusions.”Member’s explanatory statement
This amendment requires the government to review how raising the threshold for classifying offences as terrorism-related (under the 2021 Act) has impacted sentencing. The review must be completed within a set timeframe, reported to Parliament, and debated in both Houses.

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[Lord Marks of Henley-on-Thames (LD)]

My Lords, I have considered this amendment while preparing for today’s debate. It calls for a review, within a timeframe, of how raising the threshold for classifying offences of terrorism related under the 2021 Act has impacted sentencing. Considering that a review is under way by the noble Lord, Lord Macdonald of River Glaven, it seems to be a waste of time to call for a review that is plainly within his terms of reference and will be within a timeframe after this Act has passed into law, so I do not propose to proceed with this amendment. I have spoken to the noble Baronesses, Lady Jones and Lady Doocey, about this, who share the amendment with me, and they are content to go along with me. I do not know whether the procedure is now that I simply do not move the amendment or that I withdraw it.

[The Deputy Chairman of Committees (Baroness Finlay of Llandaff) (CB)]

I think the amendment has been proposed with the wording on the Marshalled List and the noble Lord has spoken to it, but he may now wish to withdraw it.

[Lord Marks of Henley-on-Thames (LD)]

That would be correct.

Amendment 453 withdrawn.