Returning Jihadists: Treason Act

Lord West of Spithead Excerpts

Thursday 21st February 2019 Lords Chamber

[Baroness Williams of Trafford]

I totally agree with the noble Lord that anyone committing atrocities such as the Manchester attack—I was in Manchester at that time—should not escape justice. I commend the Policy Exchange paper, and I think that the noble Lord would agree that the Home Secretary has said that he will review all the laws we have at hand. However, if the noble Lord looks at the recent counterterrorism Bill which has now become an Act, I am sure that he will agree that the new powers available in that Act might in the future prevent some of the terrible things that we have seen in recent months. On a regional tribunal, I am not sure how practicable that would be given the situation in some parts of the region.

[Lord West of Spithead (Lab)]

My Lords, I share the view of the noble Lord, Lord Alton. I do not believe that this would glamorise the loathsome things that have been done by these people and I think that it is appropriate that as a nation we show how repugnant and appalling this sort of behaviour is. When I was a Minister, at times it was very difficult to get into court people who should have been tried. This seems to be a way that it could be done. Might it not be easier to update the treason law and show these people to be traitors, which is something that our nation really believes they are?

[Baroness Williams of Trafford]

My Lords, I hope the noble Lord agrees that the recent legislation has given more powers to the courts to prosecute. I am pleased that the noble Lord supported that Bill through its passage. I agree that the Treason Act 1351 is rather old. It was updated relatively recently—in 1861, I think—but whether a prosecution is justified in individual cases, and whether treason is the appropriate charge, will be a matter for the courts. I am not dismissing it. The Home Secretary has said that he will consider the matter—we keep all laws under review—but whether that charge is brought will be a matter for the courts.