Counter-Terrorism and Sentencing Bill

Lord Morris of Aberavon Excerpts

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

[Lord Morris of Aberavon (Lab) [V]]

My Lords, I was fortunate in my time as a law officer that I did not have to advise on new terrorism legislation, so my advice on the detail of the Bill will be limited. Northern Ireland, for which I had a separate responsibility, enjoyed considerable calm in my time, although I had to adjudicate, in a diminishing number of terrorist-related offences, on whether to allow a Diplock court. In passing, I would favourably consider any temporary Diplock courts in England and Wales to help to reduce the backlog in crown court cases which have risen by 6,000 to 43,000. The option, at least, of a Diplock court should be closely considered. As a firm defender of jury trials over the whole of my professional career, I look forward to the Lord Chancellor’s proposals.

My first point on the Bill is to question the efficacy of the Prevent strategy. How confident are the Government that it is producing results? It is sad that the independent review of the strategy cannot take place in the time limit imposed by statute. I commend the work of the previous independent reviewers and have a high regard for the work of the noble Lord, Lord Carlile. Given the new leeway which the Government require, I trust that Parliament will be given the opportunity of considering the revised terms of reference.

My second point is that reservations have been raised in the Commons about the use of polygraph tests to monitor compliance with licence conditions. We should not shy away from new mechanisms. Many, many years ago, under my Minister, I helped to pilot breathalyser legislation through Parliament. It was not without controversy, but now it is accepted as effective and permanent. I note that the Scottish justice system chose not to use polygraph tests due to lack of evidence of their effectiveness. I hope the Minister can put forward the Government’s view of the differing approach of the law in Scotland and the law, as it will be, in England and Wales. Specifically, why are the proposals for England and Wales are preferred to those in Scotland? I am, of course, aware of their views in other fields.

Lastly, I am concerned, as a criminal lawyer, about the lowering of standards of proof for imposing TPIMs from balance of probabilities to reasonable grounds for suspecting, which is a very low standard. The Joint Committee on Human Rights and the independent reviewer, Jonathan Hall QC, are concerned about the proposed lowering of standards. As a life-long criminal practitioner, I share that concern. I note the views of the national convenor on counterterrorism. I would not wish to contradict the operational evidence given by the assistant chief constable, but I would bear at the back of my mind the maxim: “Hard cases do not make good law.” I look forward to the Minister’s detailed justification on this aspect.

I support the Bill, having observed with horror the tragedy at Fishmongers’ Hall, involving caring members of one of my old universities, and other tragedies beyond belief, such as that in Manchester. The protection of the public must be a paramount consideration. Nevertheless, detailed questioning of the present proposals is more than fully justified.