Counter-Terrorism and Border Security Bill

Lord McInnes of Kilwinning Excerpts

2nd reading (Hansard - continued): House of Lords & 2nd reading (Minutes of Proceedings - continued): House of Lords
Tuesday 9th October 2018 Lords Chamber

[Lord McInnes of Kilwinning (Con)]

My Lords, I, too, begin by congratulating my noble and learned friend Lord Garnier and my noble friend Lord Tyrie on their excellent maiden speeches this evening. We have had a good glimpse of the contribution that they will make to your Lordships’ House in the coming days, weeks, months and years. The noble Lord, Lord Ramsbotham, mentioned the difficulty of being the 25th speaker. The 26th discovers that he has no original thought whatever. However, I will try to let your Lordships know what I think about our discussion this evening.

The priority of any Government must be the protection of their people. I am therefore very pleased to see this Second Reading before your Lordships’ House. The updating of our counterterrorism legislation following the horrific terrorist attacks in Manchester and London last year is essential. It is fortuitous that the Bill comes before us at this time, when it can incorporate measures that, in Part 2, reflect our response following the deplorable Salisbury attack.

The very nature of terrorism is that those who wish to wage war on innocent people and spread terror will always try to find means to circumvent existing legislation. It therefore behoves all of us to ensure that the legislative framework within which our excellent and brave security forces need to work is flexible and not only up-to-date but predictive in identifying future threats to our country.

As the Bill makes progress through your Lordships’ House, it will, correctly, face significant scrutiny. Some aspects of this scrutiny have already been requested at Third Reading in the other place, when many Members there gave their support to the Bill contingent on the scrutiny of your Lordships’ House. It will therefore lie with this House to ensure that freedom and safety are maintained within the confines of the Bill.

Given the breadth of legal and security knowledge and expertise in the Chamber, which we have already heard today, I shall limit my remarks to three areas. The first is Clause 1 and expression of support for proscribed organisations. Like my noble friend Lord Faulks and the noble Lord, Lord Anderson, I agree that the Bill as drafted allows the correct balance between ensuring freedom of expression and allowing our security services to pursue those who seek to radicalise others and use expressions of support in a reckless manner.

As the noble Lord, Lord Anderson, intimated, it took nearly 15 years before Anjem Choudary, the so-called preacher of hate, could be imprisoned, and of course he is about to be released. The same man is widely acknowledged as having radicalised many, leading to their deaths as well as the deaths of others. He maintained his freedom by using the law and keeping ahead of it, moving from one proscribed organisation to another. I hope that the Minister will resist significant dilution of the clause, and so ensure that our justice system can adequately deal with the Choudarys of the future.

I turn to Clause 4, which deals with designated areas. I am pleased to see that among the reasonable excuses that will be considered are those of humanitarian workers and those who work for the United Nations. Many of the best professionals and NGOs across the world are British, and it is important that we do not allow that soft power to be undermined or stopped because they happen to work in the most dangerous parts of the world. The very reason a location may be designated often goes hand-in-hand with the humanitarian requirements of a failed state. I seek reassurance from my noble friend the Minister that, provided there is stringent verification of the humanitarian nature of the work, the Government would consider the kind of pre-registration used in Denmark, mentioned by the noble Lord, Lord Anderson, this evening, or consider the suggestion made by the noble Baroness, Lady Hamwee, of pre-authorisation for those who work in NGOs, journalism or other fields where we need to ensure that British subjects are able to go into dangerous areas of the world.

Finally, I shall deal with Clause 19, on Prevent. I have listened very carefully to the noble Lord, Lord Stunell, and the noble Baroness, Lady Howe, as well as my noble friends Lady Warsi and Lady Barran. Of the four pillars of the Contest strategy, the effectiveness of Prevent is always the most difficult to measure. This has led to regular and some well-founded public criticism of Prevent, and an amplification of publicly embarrassing cases. It is also clear, as my noble friend Lady Warsi told the House, that the Prevent strategy has failed to engender confidence in many of the communities with which it was originally suggested it would build cohesion, specifically our Muslim communities. But we need to keep this criticism in context. As my noble friend Lady Barran intimated, in 2016-17 there were no fewer than 6,033 referrals through Prevent, 20% of which made it to a Channel panel. That is over 1,000 vulnerable people, while 300—as the noble Lord, Lord Stunell, said—were able to receive further Channel support after that referral.

At the same time, some 2,700 were signposted to alternative services, mostly in education. That suggests to me that there is a government pathway that is providing, as my noble friend Lady Barran suggested, safeguarding to very vulnerable, often young, people in this country. I would be very suspicious and concerned if we were to undermine that process in any way before we were clear that internal review and the opportunity to build confidence in communities—using the local government mechanism that will be available, should the Bill pass this House—will allow us to build community cohesion, and allow the Prevent strategy and safeguarding to continue.

I appreciate that Prevent is not perfect and has significant hurdles to overcome if it is to properly build confidence with many. But there is an opportunity, and I hope the Minister will take it to ensure that the priority of reviews within the Home Office is building confidence in Prevent among communities across the UK.

It is also worth emphasising and dealing with the perception that Prevent is there to deal only with Islamic extremism. An increasing stream of Prevent’s work deals with right-wing extremism, often directed at Muslim communities. We cannot allow that to be forgotten as we move forward.

[Lord Tebbit]

What is this right-wing extremism? Is it people who want to reduce taxes and have smaller government and greater liberty?

[Lord McInnes of Kilwinning]

I thank my noble friend for his intervention. I refer to the 1,000 cases out of the 6,000 in 2016-17 that the Home Office report identified as providing a channel for those with extreme right-wing views that could lead to terrorism.

I therefore hope that the Minister will be able to reassure me that the focus of building public confidence will be a core element of continuing internal review.

The Bill protects the freedoms and liberties we all enjoy while fulfilling the state’s responsibility to protect all our citizens from harm. The Government must continue to do all they can to ensure that we have a flexible and fit-for-purpose framework that our security services may work within, keeping ahead of those who wish to cause harm. I look forward to the Bill’s progress through your Lordships’ House.