Counter-Terrorism and Border Security Bill

Lord Walney Excerpts

2nd reading: House of Commons & Money resolution: House of Commons
Monday 11th June 2018 Commons Chamber

[Sajid Javid]

As my hon. Friend knows, because I have already said it, I met the companies he has mentioned and others last week. This was the only topic that we discussed: the meetings were very focused on terrorist content on the internet. He is right to point out that, through voluntary action and persuasion, a lot has already been achieved, and all these companies understand that legislation has not been ruled out.

My hon. Friend asked me to say a bit more about some of the newer work that the companies are doing, but I hesitate to do so. That sort of thing should be announced at the right time, because it requires international co-ordination. There is a lot more work, and I will say that a lot more effort is going into the use of both machine learning and artificial intelligence to deal with this very important issue. I must now make progress, because a number of Members wish to speak in this debate.

The Bill will extend the ability of police and prosecutors to bring charges for terrorist offences that are committed overseas. It is not of course for the law enforcement agencies in this country to police the world, but if someone travels from the UK and commits a terrorist offence abroad, it is right that they are brought to justice if they return here. This is already the case for many terrorist offences, but there are a few gaps in the coverage. That is why the Bill extends the jurisdiction of the UK courts to cover further terrorist offences that are committed abroad, including the dissemination of terrorist publications and the possession of explosives for the purposes of an act of terrorism.

[John Woodcock (Barrow and Furness) (Ind)]

Why has the Home Secretary decided not to include the Australian scheme using the declared area offence, whereby Australia deems it illegal for people to travel to certain designated terror hotspots, such as Iraq and Syria? The Minister for Security and Economic Crime has been looking at this for some time, yet it is not part of the Bill.

[Sajid Javid]

The hon. Gentleman mentions the Australian extraterritorial offence that has been created, and I am looking at just that. There is a bit more work to do, and it is not as straightforward as it might sound. If it is to become a legislative proposal, I obviously want to make sure that we have considered it properly. If I am persuaded by it and we can complete the work in time, I intend to bring that forward as a Government amendment to the Bill.

--- Later in debate ---

[Gavin Newlands]

I appreciate the Minister’s intervention. As I outlined, my hon. and learned Friend made these points during the Committee stage of the 2016 Act, but I accept his point.

I hope that the Government have learned the lesson and will work with all parties to ensure that the policy can survive any potential legal challenge and carry the support of the House. There will be no petty opposition for opposition’s sake, but we will cast a critical eye on the Bill and table amendments to improve it in Committee and on Report.

After the London Bridge attack last year, the Prime Minister announced a review of the Contest strategy to establish whether the police and the security forces had the powers that they needed to tackle those who would seek to cause us harm. Following David Anderson’s very thorough review, the Bill is intended to bolster the Government’s counter-terrorism approach and strengthen a variety of measures to respond to the terrorist threat, allowing earlier intervention to disrupt terrorism.

I agree with the Government’s desire to intervene at an early stage. Such intervention is not only effective in stopping terrorist attacks, but helpful in preventing young people from becoming radicalised. Terrorist organisations are using 21st-century measures, including social media, to promote their propaganda as a means of radicalising youngsters. It is only right for the Government to review their approach to ensure that it is fit for the 21st century and future-proofed as far as is practically possible, but the internet providers and the social media companies also have a responsibility to ensure that terrorists cannot exploit their systems to promote their poisonous agenda. They must be involved in this process as well. On too many occasions they have been unwilling to take down terrorist content, and slow in doing so.

We are broadly in favour of the aims of the Bill but, while some of its provisions will attract our support, others will need to be tested in Committee. We must ensure that lowering thresholds and the burden of proof does not become so extreme that it impinges severely on civil liberties.

The Bill seeks to amend the offence of collecting terrorist information to cover the repeated viewing or streaming of material online. I accept the point that streaming material has become far more common since the previous legislation was drafted, and that we need a more robust approach. The implementation of this policy will give our police and security services the power to compel internet companies to assist them in carrying out covert surveillance on suspects streaming terror-related content. However, the way in which the process is set in motion is key.

In Committee, the Government will need to set out their case very well, explaining their proposed definition of “streaming” and the new three strikes, three clicks approach to people who stream extremist terror content. The right hon. Member for North Durham (Mr Jones) pressed the Home Secretary on that point earlier. In all likelihood, the approach will prove to be over-simplistic. While we are sympathetic to the Government’s goal of early prevention of potential terrorist acts, we must ensure that their proposals are evidence-based, and that civil liberties are not eroded or forgotten in the process. Like others who have spoken, I feel that the Government should be doing much more to stop the material at source by placing a statutory duty on the online platforms on which the material is viewed.

The Government intend the offence to cover circumstances in which the defendant is in control of a computer but, in addition, and with a much higher degree of difficulty, circumstances in which an individual is viewing the material, for example, over the controller’s shoulder. That may prove to be impossible, and is an obvious example of parts of the Bill which, if unamended, may be open to challenge in court. Campaigners have already voiced concerns about the proposed policy, suggesting that it unfairly targets innocent people. Rachel Robinson, of Liberty, has said:

“Blurring the boundary between thought and action by locking people up simply for exploring ideas undermines the foundations of our criminal justice system. Terrorists’ primary goal is to undermine our freedom. With proposals like this, the government risks giving them exactly what they want.”

Along with the Scottish Government. we will work with the Minister to ensure that that is not the case and that we get this important part of the Bill right. Campaigners have also pointed out that an attempt to introduce a similar terror streaming law in France last year was struck down twice. I should be keen to learn from the Minister what discussions he has had with his counterparts in France about their experience of trying to introduce a similar law, and whether the Government have been able to learn any lessons from them.

The Home Secretary also seeks to amend the offence of encouragement of terrorism so that action can be taken to target those who seek to radicalise children or young people who may not understand what they are being encouraged to do. It is vital that we reassess our approach to preventing vulnerable youngsters from becoming radicalised, and send a clear message to the recruiters that they will face the full force of the law if they attempt to prey on our young people. In my role on the Justice Committee, I had a long conversation with a now convicted terrorist. That has had a profound effect on me and, in particular, on my thoughts about how we can try to protect young people from terrorist influence online.

I understand the arguments that certain provisions in this Bill unfairly target innocent individuals’ personal liberty. The fact that the Home Office guidance that accompanies the Bill also accepts that point is telling. However, it attempts to alleviate the concern by stating that it would not be

“unlawful to hold a private view in support of a terrorist organisation”;

it would be unlawful only to

“recklessly express those views, with the risk others could be influenced”.

I think that the Government will need to clarify what is meant by recklessly expressing a particular view. That seems to me to be an unnecessarily wide and vague phrase that will undoubtedly be tested later in the Bill’s progress.

There will always be a fine balance between giving the police, the security services and the judiciary enough powers to keep us safe, and liberty itself. Ultimately, it could be argued that, if we restrict our personal freedoms excessively, the terrorists have already won. The Government must tread very carefully, and engage fully not only with the Opposition, the Scottish Government and other Administrations, but with those who instinctively oppose any perceived restrictions of liberty.

The Scottish Government support giving law enforcement agencies and the intelligence services the necessary and proportionate powers that are required to fight terrorism. In the past, the UK Government have chosen not to engage with the Scottish Government before publishing Bills and guidelines on the issue. I am pleased that that has not happened in this instance. I also welcome last week’s telephone conversation with the Minister, but will he assure me that he will engage with the Scottish Government at every opportunity and throughout this process?

Keeping people safe is the primary function of any Government. By means of the Prevent strategy, the Scottish Government will continue to work with key partners to tackle all forms of violent extremism—for instance, through Police Scotland’s model of community engagement. Working with the Scottish Government will enable people to learn lessons about the range of positive work that Police Scotland and other agencies do in our local communities to keep people safe. The distinct Scottish approach to the delivery of Prevent benefits from the positive relationships that are fostered in our communities. That includes our work to develop a range of credible grassroots community-led projects that help to challenge extremist narratives, giving support and guidance to people who are potentially vulnerable to radicalisation.

[John Woodcock]

The hon. Gentleman’s description of the “distinct Scottish approach” to Prevent sounded exactly like what Prevent is supposed to do. Will he elaborate on the difference between the Scottish version of Prevent—which he apparently fully supports, unlike Labour Front Benchers—and the English version?

[Gavin Newlands]

I think that it is a resource issue. In Scotland, resources are invested to ensure that the necessary community engagement takes place and there is support for the policy in the community. At present, that is not always the case south of the border.

[John Woodcock]

Is the hon. Gentleman saying that there is no difference whatsoever between English Prevent and Scottish Prevent, that it is purely a resource issue, and that he does not share the view of Labour Front Benchers that the policy should be changed?

[Gavin Newlands]

I have to say that I am no expert on the delivery of the Prevent strategy in England. I represent a Scottish constituency, and I speak on behalf of the Scottish National party.

[John Woodcock]

The hon. Gentleman said that the Scottish approach was distinct.

[Gavin Newlands]

It is distinct in terms of its success, in comparison with the success of the strategy as it currently operates south of the border.

[John Woodcock]

In what way?

[Gavin Newlands]

I have already outlined in what way.

The Scottish Government recognise that resilient communities which look out for one another are key in keeping people safe and, furthermore, that communities are our greatest ally in that respect. We must ensure that the Bill takes account of the separate and distinct Scottish legal system, respecting the current devolution settlement, and is proportionate and appropriate for Scotland.

I nearly got through an entire speech without mentioning it, but a potential threat to our national security is, of course Brexit, and the loss of access to multilateral information-sharing tools that we face. Organised crime and terrorism do not respect borders, and it is essential for Police Scotland to have continued access to the information systems, support and technical expertise that are available through Europol—not only to keep Scotland safe, but to contribute to making Europe safer through cross-border collaboration. I fear that, after the UK leaves the EU, there will be a major risk that any new arrangements will be sub-optimal in comparison with those that exist at present. I hope that the Minister will give a guarantee that any new legislation will be prepared in time to fill any gaps that arise from our leaving the EU, and that he will explain, as far as possible, how he intends to ensure that that happens. We need to ensure that our law enforcement agencies can retain the level of access to Europol that they currently enjoy.

Let me end by saying that 2017 was a difficult year for the UK, and we owe it to everyone affected by last year’s attacks to work together on this important Bill to give our law enforcement agencies necessary and proportionate powers to eliminate and to prevent terrorism without eroding vital civil liberties.

--- Later in debate ---

[John Woodcock (Barrow and Furness) (Ind)]

It is a pleasure to follow the hon. Member for Walsall North (Eddie Hughes). I have sat here and listened to some thoughtful speeches. In particular, the hon. Member for Belfast East (Gavin Robinson) gave us a lot to think about on an issue that I had hoped the Home Secretary would cover in his opening remarks—the new provision on encouragement, effectively, of terrorism through statements that fall short of specifically inciting support for proscribed terrorist organisations. This is a really important provision, as the hon. Gentleman set out cogently in relation to Northern Ireland.

This is a difficult subject to raise, but I am brought back to remarks made in the past by Members who sit on the Labour Benches, some when they were MPs. We have the man who would be Chancellor of the United Kingdom having apparently, in 1986, praised the ballot, the bomb and the bullet. That is deeply, deeply serious. If my understanding of the new legislation is right, had it been in place at the time that that Member apparently made those remarks, he would have been guilty of a terrorist offence. Is the Minister able to share his understanding on that, or is he going to let me raise the matter alone? This is a serious matter in and of itself, but how wide-ranging these new powers could be deserves great thought from Members who will consider the Bill in Committee.

I want to spend a little time talking about the case of Ethan Stables, a young man from Barrow, aged 20, who has just been committed under existing terrorism legislation. On 23 June last year, Ethan Stables posted on Facebook that he was going to war, that he was preparing for a slaughter and planning to attack a lesbian, gay, bisexual and transgender Pride event at the New Empire pub. Fortunately, those posts were immediately seen by someone local. The alarm was raised and he was picked up by the police as he was walking to the New Empire pub. He was convicted of terrorism offences. It was found that he had a machete and knives in his home, that he was a neo-Nazi sympathiser and that he had googled things such as “I want to go on a killing spree” and “What is prison like for a murderer?” Clearly, the signs were all there. There is a separate question about why it took so long to pick up Mr Stables. He was literally on the verge of attacking people who were celebrating a community event in the New Empire pub. If the legislation had been in place, the fact that Mr Stables had repeatedly viewed violent videos online and looked at how to download and create his own bombs, would have made him guilty of an offence long before he got to the stage of actively planning. That in itself is surely a reason to welcome this new legislation.

The case of Mr Stables raises the wider question of resources. It is all very well having the offences in place, but the Government will need to explain how they will be able to secure prosecutions earlier on in the process, rather than finding a reason, once someone has been apprehended for other reasons, to go through their viewing history.

It is my understanding that there is no requirement, or indeed any legal possibility at the moment, for internet companies such as YouTube routinely to provide the IP addresses of people who have viewed banned material more than three times, which would make them subject to criminal action under this terrorist legislation. I am talking about videos which would potentially see YouTube found guilty of a criminal offence, or certainly a civil offence, if it kept them up after having being warned about them. Will the Minister address that matter in his summing up? Will he consider bringing that forward so that there is potential to catch more people who are online at the time they are doing this, rather than as part of some retrofitting?

The Home Affairs Committee took evidence last week from the Met police commissioner, Cressida Dick. She was quite clear about the scale of pressure that her resources are under, even at present. She went through a number of areas, including, of course, counter-terror, where more resource was needed and where the amount available was inadequate at the time. Yet this legislation creates a new tranche of offences, which, unless the Minister can explain otherwise, will not be sufficiently resourced to be properly policed.

The other major omission, which the Minister will expect me to raise as we have been backwards and forwards on it both inside and outside the House for many months now, is on the issue of returning jihadis. It is good to get the recognition from the Home Secretary in this debate that he is considering introducing the Australian-style offence at the amendment stage. I can see no other way in which the Government will be able to get close to securing sufficient evidence to prosecute people who are returning from places such as Iraq, Syria or wherever the next terror hotspot is.

The Minister knows that I was able to interview at length someone who was being held in a removal centre in Izmir, Turkey on suspicion of supporting Daesh. She was being removed back to the UK on those grounds. There was a suspicion at the time about what would happen to the woman whom we interviewed. The very tough rhetoric that we hear from the Government, which is that we always seek to prosecute individuals, is not actually commensurate with being able successfully to prosecute individuals once they are here. Clearly, people are going over. They are travelling to Syria without a specific or verifiable reason, such as being part of aid work. They are clearly not going for a valid reason, yet, at the moment, we need verifiable proof, which is very hard to find, to be able to prosecute such people.

A number of us have repeatedly pressed the Government on this. The Minister can enlighten us all on this in his closing remarks if he wishes, but for many months now the Government have refused to give the number of people who have returned from Syria who have been successfully prosecuted. The response now is that those numbers are not quantified in that fashion. Well, they were quantified in May 2016, when the Advocate General, Lord Keen, in the other place gave a written response. Back then, he said that 54 people had been successfully prosecuted, with 30 ongoing cases. Clearly, it is possible to update the House on this and the Government are choosing not to do so. Our strong suspicion is that that is because so few are able to be prosecuted—

[Mr Wallace]

I may be able to help the hon. Gentleman. Approximately 40 have been prosecuted so far—either because of direct action they have carried out in Syria or, subsequent to coming back, linked to that foreign fighting.

[John Woodcock]

I thank the Minister very much for updating the House. I note that 40 is fewer than the 54, the number we apparently prosecuted, according to Lord Keen, in May 2016. I need to examine those figures to see why they are different. I am grateful that, after many months of pushing, the Minister has given us a figure of 40. As he will know, the Government have said that 400 have come back, so we have been able to prosecute successfully only one 10th of those people. That is very significant.

Ministers in response are now saying that a significant proportion of the people coming back are no longer of concern to the security services. That is as may be, and we want the number of people who are no longer of concern to be as high as possible, but that does not mean that they are innocent of terrorism charges. If they have been to Iraq or Syria, have been aiding Daesh, in whatever form, and they are British citizens and they are returning, they have been aiding enemies of the British state. They are people who are wanted for enacting violence on our civilians and on our armed forces and they should be able to be prosecuted, which is why the Australian-style legislation, the declared area offence, is a step forward. It would mean that anyone who has visited a designated terror hotspot without good reason—with declarations overseen by a judge—can be prosecuted for terror offences on their return. That would go a long way towards the deterrent effect that the Government understandably want to create to stop people from taking the crazy journey into war zones to support jihadi organisations that seek to destroy our way of life.