Counter-Terrorism and Border Security Bill

Debate between Lord Marlesford and Earl Howe

Monday 17th December 2018 Lords Chamber

[Lord Kennedy of Southwark]

My Lords, Amendment 34 brings the attention of the House to an important issue that the noble Lord raised in Committee. I suspect from the response given then by the noble Earl, Lord Howe, to that short debate that, unless there has been a major shift in government thinking, this amendment will make no further progress. That is not to say that the noble Lord has not raised an important issue and deserves a considered response from the Government, which I am sure he will get.

At the heart of the amendment is an attempt to protect fellow citizens and, using a review, to look beyond the introduction of national identity cards, which was my party’s policy when in government. We also looked at the advances in science. We learn on a regular basis how advances in science have brought criminals to justice, particularly those who committed the most heinous crimes many decades ago. They thought they had got away with it, but advances in science brought them to justice.

The issues raised by the noble Lord are for a wider debate on a future date on issues of science and technology and how they are used to keep us safe, while being fully aware that criminals also seek to use advances in science and technology to commit crimes, to murder people and to threaten our country and its values. I am clear that the noble Lord is asking for a review and nothing more than that. We must keep things under review. What should the state do to keep us safe? What is being done now and is it proportionate? I look forward to the Government’s response and thank the noble Lord for raising these issues.

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, I am grateful to my noble friend Lord Marlesford for once again setting out his arguments in favour of introducing national identity numbers backed up by a national identity register containing biometric data of everyone in the country, or at least the adult resident population. I recognise the constructive intentions behind this amendment. My noble friend will recall that in Committee I stated that the introduction of a national identity number and register would be prohibitively expensive and would represent a substantial erosion of civil liberties. I know that I will disappoint him by saying that this remains the Government’s position. In consequence, I remain unconvinced of the need to carry out a review to determine this.

Any measure of the kind my noble friend is proposing would have to be evidence-based. We have seen no evidence that a national identity number or biometric database would offer greater protection against terrorism or greater control at the border. As I said in Committee, although a number of European countries have national identity numbers, these have not been able to prevent terrorist atrocities from being carried out—a point well made by the noble Baroness, Lady Manningham-Buller. Indeed, even were we to imagine any of those countries having a biometric database alongside national identity numbers, it is hard to see how this would have made any difference to the ability of the police to forestall those attacks.

Resources need to be directed to where they can be relied upon to add tangible value. I am of a view that the investment we are making in security, counterterrorism, better use of intelligence and cybersecurity is a more effective use of resources to keep the country safe against the ongoing threat from terrorism and hostile state activity. I know my noble friend takes a more sanguine view than many noble Lords about the retention of biometric data, but let us think about the debates we have had during the passage of this Bill. During debate on Schedule 2, the Government have been quite properly probed by noble Lords as to whether we have got the balance right on the retention rules for fingerprints and DNA taken from persons arrested for, but not charged with, a terrorism offence. I am clear that the balance is right but the Government accept that, where someone has not been convicted of an offence, there need to be appropriate restrictions on the retention of biometric data. I believe that this view is shared by the overwhelming majority of Members of your Lordships’ House.

Against the backdrop of those debates on Schedule 2, my noble friend’s proposition appears all the starker. He is advocating a national database containing the biometrics of the whole population with, presumably, the data being deleted only on the death of an individual. In considering such a proposition, it is instructive to remind ourselves what the Constitution Committee said about the then Identity Cards Bill in March 2005—that,

“the constitutional significance of the Bill is that it adjusts the fundamental relationship between the individual and the State … the Bill seeks to create an extensive scheme for enabling more information about the lives and characteristics of the entire adult population to be recorded in a single database than has ever been considered necessary or attempted previously in the United Kingdom, or indeed in other western countries. Such a scheme may have the benefits that are claimed for it, but the existence of this extensive new database in the hands of the State makes abuse of privacy possible”.

We do not believe the case against a national identity register has changed in the intervening years.

Having said that, I hope that I have been able to reassure my noble friend that the Government take the need to counter terrorism and maintain border security very seriously; indeed, we would not be debating the Bill today if this were not the case. Having again had the opportunity to debate the issue, and with the reassurance I have offered about the Government’s commitment to protect the public, I respectfully ask my noble friend if he would be content to withdraw his amendment.

[Lord Marlesford]

I thank my noble friend for his reply and the trouble he has taken with it, but I am not reassured at all. He started by talking about the enormous cost; I was only asking for a study. One of the things a study would reveal would be some indication of costs; that would be a criterion in knowing how to move forward. Then he produced the idea that countries which have identity systems have not been able to prevent terrorist attacks; certainly terrorist attacks have occurred in countries with those systems, but it is failing logic to say that that means they are of no use. We do not know which attacks were not successful as a result of having the system.

Counter-Terrorism and Border Security Bill

Debate between Lord Marlesford and Earl Howe

Committee: 4th sitting (Hansard): House of Lords
Wednesday 14th November 2018 Lords Chamber

[Lord Marlesford (Con)]

My Lords, in this country we allow, quite rightly, UK passport holders to be in the possession of passports of other countries—not just one but two or three; whatever is needed. When someone applies for a UK passport, they are required to declare what other passports they hold. But, astonishingly, this information is not kept in any sort of central database and still less is it available to border officers whose responsibility it is to examine the passports of those entering or leaving the UK. This is why my noble friend the Minister had to tell me, in a Written Answer on 16 April this year, when I asked about a register of second passports:

“No statistical information is available showing whether British citizens hold another citizenship”.


About five years ago I was tipped off by a member of the Security Service that its operations were made much more difficult by the fact that UK citizens were using their UK passport to travel to one destination and then another passport to get up to mischief, perhaps, in third countries. This was and is particularly relevant to would-be jihadists who travel to Pakistan, for example, and then attend training camps or indeed join al-Qaeda, ISIS or some other terrorist organisation in other countries. I raised this point a couple of years ago with Cressida Dick, the present Commissioner of the Metropolitan Police, who was at that time responsible for anti-terrorist operations. She expressed astonishment that border control officers were not automatically alerted to other passports held when a UK passport was electronically scrutinised at the point of entry.

My Amendment 61 is exceedingly modest. It asks merely that the Government require dual nationals to declare other passports and that this information,

“should be made available to border security staff and other relevant national authorities via a centralised database”.

In fact, it is even more modest because all I am asking them to do is to study whether this is a sensible idea. That is not asking very much.

This would be no more difficult or complicated than many other centralised databases, such as the DVLA for vehicle licences and all the rest of it, and the National Firearms Licensing Management System—the central firearms register—which I caused to be introduced under Section 29 of the Firearms (Amendment) (No. 2) Act 1997, which finally came into operation in September 2007, and is working very well. I checked quite recently with my own county firearms officer.

The Government have previously used three arguments to oppose what I am proposing. The first is that it would be an infringement of civil liberties. My answer to that is that such a concept of civil liberties is wholly outdated in an age when we are all subject to intense and often intrusive surveillance by foreign powers such as Russia and, rather more efficiently, China. The second is that there could be no way of enforcing the declaration of other passports. That of course has a simple remedy, which is—if it is declared to be deliberate and pernicious—the forfeiture of a UK passport when that is discovered. Noble Lords in the Committee might have their own view on this but I am quite sure that the great majority of second passport holders would have not the slightest objection to this being known to the authorities. After all, we all have to put up with a lot of inconvenient baggage examination under existing counterterrorism operations.

Nor should we neglect the possibility of connivance by Home Office staff in committing terrorist or other serious criminal offences, whether in connection with passports or border control. The Minister will be well aware that in the last 12 years no fewer than 54 members of Home Office staff have been sent to prison, sometimes for long periods—nine or 11 years. In a recent case Shamsu Iqbal, an official in the immigration department of the Home Office, was sentenced in April to 15 years for misconduct in public office. Sometimes this connivance involves selling visas or trafficking in passports, assisting illegal immigration, forgery, bribery, money laundering and other serious matters. Only today the newspapers are carrying a report of a Mr Pellett, an officer in the Home Office Border Force, who has just been found guilty of assisting criminal gangs with smuggling in weapons and drugs at Dover. I suggest that the Home Office really cannot argue that we can rely on its existing standards of efficiency, let alone integrity, in the protection of our borders.

The third argument is that we should have confidence in the Home Office’s intelligence-led processes and not concern ourselves with these matters. I am sure that my noble friend does not feel this but I think that Home Office officials regard me as pretty impertinent to be talking about these matters. On that I would simply say: it is now 12 years since the noble Lord, Lord Reid, declared when he was Home Secretary that the Home Office was not fit for purpose, while only this month the House of Commons Select Committee concluded, in the matter of my right honourable friend Amber Rudd, that the Home Office had lost its grip. This simple and modest proposal is necessary for national security. I believe that it will improve the Bill and I hope that the Government will show that they have some inclination to get a grip by adopting it. I beg to move.

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, I am grateful to my noble friend Lord Marlesford for raising this matter and I acknowledge his long-standing interest in this issue. I share his aim of preventing those who may be of interest on the grounds of terrorism, serious crime or hostile activity from avoiding detection at the border. But before I reply substantively to him, I believe the Home Office to be blessed with many, many committed, honourable and very able civil servants. It is wrong for this Committee to gain the impression that it is somehow shot through with those who would seek to disobey the law. That is not my experience and it is certainly not the experience of my noble friend the Minister or, I dare say, any of your Lordships in this House who have had dealings with the Home Office.

Holding dual national status is perfectly lawful in the UK and it is not a barrier to acquiring British citizenship or obtaining a British passport. When making such applications, dual nationals are required to provide the Home Office with details of any foreign passports or other nationality held. Such information will assist in the assessment of the application, including, in the case of an application for naturalisation, the assessment of any grounds for refusal based upon conduct through past or present activities.

The request for dual national passport information is also necessary in understanding whether a person is using one name for all official purposes. The UK, through the Home Office, has also instituted a policy that a person must have one name for all official purposes and that this is reflected in biometric residence permits, naturalisation and registration documents and passports. This policy is in place not only for travel purposes but to frustrate the use of multiple names for access to goods and services. This, together with other measures in place, minimises the ability of a British citizen to manipulate travel documents to travel into and out of the UK and other countries undetected for terrorism, trafficking and other criminal activities.

--- Later in debate ---

[Lord Marlesford]

My Lords, in putting down this amendment, I am not particularly concerned with what the power should be for stopping people, nor am I concerned with the way powers are used and the various matters that have been discussed about the retention of information. All I am concerned with is to make it more efficient than it appears to be under the Bill as drafted.

Paragraph 3(b) of Schedule 3 states that a person questioned under paragraph 1 or 2 must,

“give the examining officer on request either a valid passport which includes a photograph or another document which establishes P’s identity”.

It is an incredibly amateur way of doing things. Nowadays we have much better methods of establishing people’s identity. DNA is probably one of the best. It is now wholly unintrusive—you no longer have to take a blood sample or anything like that. You can simply take a swab. All I am suggesting is that the Bill should give those officers who feel it necessary to try to establish or record an identity the means of doing so in a much more certain way. This is a very limited proposal. I am merely suggesting that a tool should be included in this schedule.

[Earl Howe]

My Lords, I hope I can reassure my noble friend Lord Marlesford at least in part. As he has explained, Amendment 67A would allow an examining officer, during the course of a Schedule 3 ports examination, to require a person to provide a DNA sample. This would be in addition to the powers available to these officers to request information and identity documents.

The ability to establish a person’s identity is undoubtedly an important aspect of an examination to determine whether that individual is or has been engaged in a hostile activity. I therefore highlight to my noble friend that these powers already allow for the taking of fingerprints and samples to help to ascertain a person’s identity. Paragraphs 27 and 35 currently allow for the taking of fingerprints and samples where a person has been detained. This biometric information can also be taken from the detainee without their consent but only at a police station and if authorised by a superintendent who is satisfied that it is necessary in order to assist in determining whether the detainee is or has been engaged in a hostile activity, or to ascertain the detainee’s identity.

--- Later in debate ---

[Earl Howe]

The argument is that the police and the authorities believe they have all the powers that they need already, and that those powers enable them to detain a person, if they think it is necessary and if that decision is confirmed in the way that I described, in order to assist in determining whether the detainee has been engaged in a hostile activity or, as relevant to my noble friend’s amendment, to ascertain the detainee’s identity. If a suspicion arose about the individual’s identity, the detention process could offer a way through to enable the DNA sample to be taken.

[Lord Marlesford]

I hoped that my noble friend would realise that what I am proposing is the use of the DNA capability in circumstances where it is not necessary—at that stage, at any rate—to detain people. This almost goes back to the point that I made on Monday on the need to have identity numbers with secure biometrics—I never envisaged that the establishment of identity should be able to be done only when someone was detained. Being detained is a much more serious matter than merely asking someone to give a method of establishing their identity. That is where I am sure that not my noble friend but perhaps the Home Office misunderstands what I am trying to say. I do not know whether my noble friend would like to say anything further.

[Earl Howe]

I am grateful to my noble friend. Possibly the answer is for me to write to him after this Committee sitting. My feeling would be that to require someone who was not detained to supply a DNA sample would cross a civil liberties line that many would find uncomfortable. In my judgment, it should therefore be only for those detained—obviously you are detained only for a good reason—to be required to supply such a sample.

Counter-Terrorism and Border Security Bill

Debate between Lord Marlesford and Earl Howe

Committee: 3rd sitting (Hansard): House of Lords
Monday 12th November 2018 Lords Chamber

[Earl Howe]

My Lords, the noble Baroness, Lady Manningham-Buller, has made a very pertinent point in this context. I am not capable of debating that particular terrorist atrocity because I do not know all the circumstances surrounding it. One of the shortcomings I do know of was a distinct lack of process in admitting passengers on to planes in New York, which might still have been the case even if a DNA register had been in operation in the United States. So we can try to particularise this argument, but I have yet to see evidence that the terrorist attacks we have seen recently on these shores, or indeed in France and Belgium, could have been prevented by a system such as the one proposed by my noble friend. So, against that background, I hope that, having again aired this issue, my noble friend will be content, at least at this stage, to withdraw the amendment.

[Lord Marlesford]

The answer is that at this stage I will withdraw the amendment. It is, I believe, a totally valid point. I know that the Home Office is opposed to it. I know that it does not like these things. I just go back to the example of the 10 years it took to get the firearm thing. This will come. It is inevitable. As the noble Lord, Lord Campbell-Savours, says, basically no legitimate person is frightened of having their identity known. We do not live in a dictatorship. We cannot behave as though apparatus that would be useful for a dictatorship should not be provided in case we have a dictatorship. We are fighting a battle against terrorism. We are fighting on many fronts and this is something that could be useful. I find it extraordinary that the Home Office will not even look at it. However, as I said, for the moment I will withdraw the amendment.

Immigration: Appeals

Debate between Lord Marlesford and Earl Howe

Tuesday 6th November 2018 Lords Chamber

[Baroness Hamwee (LD)]

My Lords—

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, we have not yet heard from the Conservative Benches.

[Lord Marlesford]

My Lords, is not a fundamental and long-standing problem the quality of management in the Home Office? If the Home Office were any sort of private sector outfit, the management would have been changed long ago. When there is a failure of management, the owners, whether they be the Government or the shareholders, insist on a change. It seems to me that until there is really good management at Civil Service level, there will not be an improvement.

National Security Situation

Debate between Lord Marlesford and Earl Howe

Thursday 19th April 2018 Lords Chamber

[Earl Howe]

I take the point, but I repeat that our view is that there needs to be a transition to a different regime, despite everything the noble Lord has just said. Syria’s future must be for Syrians to decide.

[Lord Marlesford]

With great respect, there really is confusion in what my noble friend says. One moment he is saying that Assad has to be involved; the next moment he is saying that there has to be regime change; then he contradicts the idea that you have to talk to people of whom you disapprove and negotiate with them. It seems to me that, far from learning from the mistakes of the past, we are digging our heels into them.

[Earl Howe]

If my noble friend will be patient for just a minute, I think I can elucidate the point of confusion that he has just enunciated.

The UN-led Geneva process between the Syrian parties, mandated by UN Security Council Resolution 2254, remains the forum for reaching a lasting political settlement to end the conflict in Syria. The latest round was held in Vienna on 25 and 26 January. All international efforts need to be in support of the UN-led process. The Syrian negotiation commission engages constructively and without preconditions, but clearly to achieve progress the Assad regime must also engage credibly in Geneva and Russia must use all its influence to ensure that it does. I hope that that clarifies our approach.

The noble Baroness, Lady Smith, asked what other international action might be put in train. Shortly ahead of us are the G7 Foreign Ministers meeting and the NATO summit where we will discuss Syria further with our international partners. At the Foreign Affairs Council on 16 April, the EU 28 agreed further sanctions. I can assure the noble Baroness in particular that we will use all feasible existing avenues to achieve the settlement that I am sure we all desire to see.

The noble Baroness and the noble Lord, Lord Collins, asked me for an update on the OPCW inspection in Douma. We are deeply concerned by the news that UN security officials in Douma, in advance of the OPCW inspectors’ planned visit, came under fire. It is imperative that all parties offer the OPCW fact-finding mission team their full co-operation and assistance to carry out their difficult task. On 18 April, UN security personnel advising and supporting the OPCW fact-finding mission were engaged in further discussions and co-ordination with representatives of the Syrian Arab Republic and the Russian military police on how to enhance and reinforce the security arrangements. Clearly, this is a fast-moving situation.

The noble Baroness also asked what support the UK is giving to refugees in the light of the Dubs amendment. As she knows, we are committed to resettling 20,000 vulnerable refugees by 2020. As of December 2017, a total of 570 had been resettled through the vulnerable children’s resettlement scheme since it began in 2016. That is in addition to those we resettle under our gateway and mandate schemes and the thousands who receive protection in the UK under normal asylum procedures. In 2017, 6,212 people were provided with protection and support under a resettlement scheme in the UK.

The noble Lord, Lord Hylton, asked what our assessment is of Turkey’s invasion of northern Syria, a topic also raised by the noble Lords, Lord Owen and Lord Glasman, among others. We are closely following developments in Afrin and wider north-western Syria. We are concerned about recent reports of civilian casualties and tens of thousands of people fleeing the violence. The UK Government have called for de-escalation and the protection of civilians while recognising Turkey’s legitimate interest in the security of its borders. Ministers have urged their Turkish counterparts to do everything they can to minimise humanitarian suffering. We support the ongoing discussions between Turkey and the US and believe that a negotiated agreement, taking into account the security concerns of both parties, is necessary to prevent further conflict. The Prime Minister has raised the need for protection for civilians and proper humanitarian access with President Erdoğan, as has my right honourable friend the Foreign Secretary with his Turkish counterpart.

The noble Lord, Lord Hylton, asked whether we were sending our envoy to Kobane. I have to say to both him and the noble Lord, Lord Glasman, that the UK has had only occasional diplomatic contact with the PYD but we will certainly use that channel to discuss the situation in Syria and the region. The noble Lord, Lord Hylton, also asked whether we had asked Saudi and Gulf states to cut off money and weapons to al-Nusra. We have close dialogue with Saudi and Gulf states on Syria, including on how to counter extremism and extremist groups.

To reassure the noble Lord, Lord Collins, and to answer my noble friend Lady Helic, we have a long-standing commitment to accountability for human rights abuses in Syria. The UK is at the forefront of global efforts to bring Daesh to justice for its crimes, about which the noble Lord, Lord Glasman, spoke so movingly. In September 2017, the United Nations Security Council unanimously adopted the UK-drafted Daesh accountability Resolution 2379, co-sponsored by 46 member states including Iraq. The resolution calls for the UN Secretary-General to establish an investigative team to collect, preserve and store evidence of Daesh crimes, beginning in Iraq. The team will be led by a special adviser with a mandate to promote the need to bring Daesh to justice across the globe. The UK has committed an initial £1 million to support the resolution and help to set up the UN investigate team. The resolution is focused exclusively on Daesh. The question of accountability for other actors in Syria, Iraq, Libya and elsewhere will continue to be pursued through other efforts.

My noble friend Lady Helic suggested that the UK funding of Syrian hospitals was only around £200,000. That is not correct. To date, DfID has provided £37 million to the World Health Organization, which operates in Syria. UK aid contributes to supporting vital health facilities in hospitals, offering first aid, trauma care, primary health services and reproductive health services. Since 2012, UK support in Syria has helped to provide 8 million medical consultations and over 3 million vaccines. The UK has committed £2.46 billion since the start of the conflict, our biggest ever response to a humanitarian crisis.

The noble Lord, Lord Wallace, asked whether we had a dialogue with Iran. We are committed to tackling Iran’s destabilising activity in the region, particularly its ballistic missile programme and proliferation, through the JCPOA. The Minister for the Middle East was clear about this when he met his Iranian counterpart in February. We believe these matters need to be dealt with outside the JCPOA and, importantly, the deal allows us to do that.

The noble Lord, Lord Hennessy, spoke about the National Security Capability Review. The NSCR report explains how the Government are taking a transformative whole-of-government approach to national security in response to the worsening security situation. The approach is referred to in the report as the “fusion doctrine”, and it is designed to ensure that the UK makes better use of all our capabilities through economic levers and cutting-edge military resources to our wider diplomatic and cultural influence on the world stage. The noble and gallant Lord, Lord Stirrup, and the noble Lord, Lord Collins, spoke of the need for culture change across Whitehall if the fusion doctrine set out in the NSCR is to become a reality. I agree with them and am confident that it can be done. There are several good examples of such cross-government working—

Defence Modernisation Programme

Debate between Lord Marlesford and Earl Howe

Monday 29th January 2018 Lords Chamber

[Earl Howe]

There has been considerable success in reducing civil servant numbers—for example, arising from our withdrawal from Germany. However, we have always been clear that the last part of the target will remain the most elusive. Unfortunately, I do not have figures in front of me as to how far we have got. It is still very much part of our target, set by the Treasury. We are doing our best to implement those targets, but clearly, as the modernising defence programme goes forward, there may—I am sure there will—be a case for us to have a further conversation with the Treasury about what a whole force concept looks like in the context of the programme that we are undertaking.

[Lord Marlesford (Con)]

My Lords, my feeling is that the weak link in our national security is actually the Home Office. I am thinking particularly of the Border Force: it is a great deal more efficient since it was taken over and commanded by an admiral, but it does not have the right resources or technology available, and there is no proper, joined-up arrangements with our coastal defence. That is a big lack. Will my noble friend, who I admire so much, at least look at the possibility of a more joined-up approach in that respect of our national security?

[Earl Howe]

My Lords, yes, and that is one of the reasons why I mentioned earlier that, as this work goes forward, we shall want to consult very closely with our colleagues in other departments of government. My noble friend has referred to an extremely important part of the work that we do under strand 1 of the national security objectives, protecting our people. That must involve joint working between departments.

Terrorist Attacks

Debate between Lord Marlesford and Earl Howe

Tuesday 5th December 2017 Lords Chamber

[Earl Howe]

I of course take note of the noble Lord’s very well-informed comments. I undertook to write on the whole issue of policing and the approach the Home Office is taking, and I will make sure that his observations are factored in to that letter.

[Lord Marlesford (Con)]

The Statement makes it clear that, as Islamic State has been expelled from most of the territory it occupied in Iraq and Syria, there has been a great dispersal of those fighters. The Government said that 850 potential fighters went out to join ISIS—there can be no clearer commitment to the objectives of terrorism than having done that. Of the 850, we gather, 15% have been killed, some 400 have already returned and 300 remain, perhaps waiting to return. Has the time not come to make it absolutely clear that anyone who has left this country to fight for ISIS should not be allowed back? We cannot afford to take that risk, or to pay the huge costs of dealing with them if they do come back. Do the Government have legislative power to stop them coming back and if not, will they take such powers?

[Earl Howe]

My Lords, I will be advised on whether this is correct but my understanding is that the authorities have sufficient powers to apprehend and intercept anyone who is known to have joined a terrorist organisation overseas when they return to this country, and those people should expect to be subject to arrest and detention where appropriate. There are provisions in law for removing passports from certain individuals, but I would need further advice as to the conditions of those, and I will write to my noble friend about that.

Counter-Daesh Update

Debate between Lord Marlesford and Earl Howe

Tuesday 7th November 2017 Lords Chamber

[Earl Howe]

My Lords, I will ensure that the noble Lord’s remarks are conveyed to the appropriate quarter and I thank him for them. In my right honourable friend’s defence, he has been as keen as anybody to emphasise to the Iranians that there are obvious humanitarian grounds for the release of some of our dual nationals. He has pressed consistently for consular access and has done everything that he feels appropriate to reunite those detainees with their families. It is important that noble Lords understand that while he may indeed have misspoken—and I will put that to him; I am sure that it has been put to him—he has in the background been doing what I am sure all noble Lords would wish.

[Lord Marlesford (Con)]

My Lords, I welcome the important Statement my noble friend has repeated, which brings the extremely welcome news of the almost total military defeat of Islamic State—albeit at a huge cost in life, and misery and suffering for millions of people. I will focus my question on the section of the Statement which deals with British people, from the United Kingdom, who chose to go and fight for Daesh. The Statement says, rightly, that they have made themselves,

“legitimate targets for the coalition”,

and that the expectation is that,

“most foreign fighters will die in the terrorist domain”.

In the case of the British contingent, it would appear from a Written Answer which I received today from the Home Office that, of the 850 who went from this country to fight for Daesh, only 15% have died and 400 have already returned to the United Kingdom.

The Minister of State at the Foreign Office, my noble friend Lord Ahmad of Wimbledon, told the House last week in the most relaxed manner that the fighters were pouring back into the United Kingdom. The Government have not just the duty but, I hope, the means to prevent them coming back. I can see no reason why they should be allowed to come back and I hope very much that the Government will take steps to see that they do not come back. By fighting for the Queen’s enemies and against the interests of the great majority of the world, they have lost the rights that they may have had in this country. In time of war—and we have been in war—it is normal that, where there is a clear conflict between human rights and national security, the British people expect national security to prevail.

[Earl Howe]

My Lords, I am sure that my noble friend’s comments will resonate with many noble Lords. Approximately 850 UK-linked individuals of national security concern have travelled to engage with the Syrian conflict. That flow of British citizens has diminished considerably, but clearly there is a risk that some will attempt to return to this country. Our position is that, wherever possible, anyone fighting for Daesh should be brought to justice and that a decision to prosecute an individual suspected of fighting for Daesh should be taken by the relevant competent authority. Our policy is that terrorist fighters should be held to account by the states on whose territories their crimes have been committed. We would offer support to any such prosecution, so far as we were able. I reassure my noble friend that all returnees to this country will be investigated where that is considered appropriate.