Counter-Terrorism and Security Bill

Marquess of Lothian Excerpts

Tuesday 13th January 2015 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Bates)]

My Lords, the emergence of ISIL and its territorial gains in Syria and Iraq present a clear and present threat to our national security. Noble Lords will be aware that nearly 600 people from the UK who are of interest to the security services are thought to have travelled to the region since the start of the conflict. It is estimated that almost half of them have since returned to the UK. On 29 August 2014, the independent Joint Terrorism Analysis Centre raised the terrorism threat level from substantial to severe, meaning that an attack is highly likely. On 1 September, my right honourable friend the Prime Minister announced that legislation would be brought forward.

The horrific events in Paris last week were the latest in a long line of shocking terrorist attacks, following the brutal beheading of Fusilier Lee Rigby, the murder of four civilians at the Jewish Museum in Brussels last May, the shootings at the Canadian Parliament in Ottawa and the Sydney hostage crisis. They all demonstrate the threat posed by ISIL and other terrorist organisations, such as al-Qaeda, across the democratic world.

I know that the whole House will join me in paying tribute to the incredible and courageous work of the men and women in our law enforcement and security and intelligence agencies. Their tireless efforts to keep us safe have thwarted around 40 attacks since 7 July 2005. Since April 2010, 210 people have been charged and more than 140 have been successfully prosecuted for terrorism-related offences. It is those security services that tell us that the nature of the threat has changed and so must our response. It is against that backdrop that we bring the Bill before your Lordships’ House.

The Counter-Terrorism and Security Bill will help us to disrupt people who intend to travel abroad to fight, as well as their ability to return here without ensuring adequate protection for our citizens. It will enhance our ability to monitor and control the actions of those in the UK who pose a threat, and it will help to challenge the pernicious underlying ideology that feeds, supports and sanctions terrorism. Part 1 of the Bill contains two powers that will enhance our ability to restrict the plans of those suspected of travelling overseas to engage in terrorism-related activity. The first is the power for the police, or a Border Force officer acting under their direction, to seize a passport and, in so doing, temporarily to disrupt the ability of an individual to travel. This will allow the agencies to investigate and decide whether further disruptive action is necessary—for instance, criminal prosecution or cancelling their passport under the existing royal prerogative.

Chapter 2 creates the power for the Home Secretary to issue temporary exclusion orders. This will allow us temporarily to disrupt the return of a British citizen suspected of involvement in terrorism-related activity abroad, ensuring that when individuals return it is on our terms. In the light of the comments of the Independent Reviewer of Terrorism Legislation, David Anderson QC, and following the debates in the House of Commons, the Government have committed to considering judicial oversight for this power. We will return to this issue in Committee should the Bill be successful at Second Reading.

Part 2 of the Bill enhances the existing terrorism prevention and investigation measures—or TPIMs—regime. Here, we are again acting on the recommendations of David Anderson QC in his most recent report on the operation of TPIMs. This includes allowing us to relocate an individual subject to a TPIM order up to 200 miles from his or her current residence, to help disrupt terrorist networks. It also involves raising the legal test for imposing a TPIM, providing further reassurance that they are used only where absolutely necessary.

Part 3 relates to data retention, specifically the problem of internet protocol address resolution. This is a technical issue and we will get into the details in Committee. However, these provisions will deliver vital additional capability to the police and intelligence agencies, helping to address the ongoing degradation in the availability of communications data.

Part 4 covers aviation, shipping and rail security. It includes measures in three broad areas: our authority-to-carry or no-fly arrangements; systems for providing advance passenger information to the UK authorities; and enhanced security and screening measures. Carriers will have to comply with our requirements if they are to operate to the UK.

Chapter 1 of Part 5 creates a duty on a range of authorities—listed in Schedule 3 to the Bill—to have due regard to preventing people being drawn into terrorism. The detail of what this duty will mean in practice for the schools, universities, police forces and prisons that will be subject to it will be set out in statutory guidance. We have published that guidance in draft for consultation alongside this Bill.

Chapter 2 of Part 5 also provides a statutory basis for the existing programmes for those at risk of being drawn into terrorism. As many noble Lords will be aware, in England and Wales this is known as the Channel programme. These provisions will ensure that such programmes are consistently available to all local areas.

Part 6 amends two provisions in the Terrorism Act 2000. The first ensures that UK insurance companies cannot reimburse the payment of a ransom to a terrorist organisation, putting the existing law beyond doubt. The second relates to the examination of goods at ports under Schedule 7 to the 2000 Act. It will clarify the law relating to where goods can be examined and the examination of goods comprising postal items.

Along with other miscellaneous provisions, Part 7 allows for the creation of a Privacy and Civil Liberties Board to support the work of the Independent Reviewer of Terrorism Legislation. We are at present conducting a further consultation on this proposal, prior to bringing forward regulations for Parliament to consider.

I welcome the cross-party support for this legislation in this House. I know that the Home Secretary has appreciated it in the House of Commons. I particularly want to thank the noble Baroness, Lady Smith of Basildon, and my noble friend Lady Hamwee for their constructive approach in negotiations about this legislation.

I am also aware that there is a very long and distinguished list of Peers seeking to speak in this debate. I am sure that noble Lords are particularly keen to hear the maiden speeches of the noble Lords, Lord Evans of Weardale and Lord Green of Deddington, who bring considerable knowledge and expertise to these matters. I do not, therefore, intend to detain the House any longer, but will of course respond in greater detail to the points which—

[The Marquess of Lothian (Con)]

I am grateful to my noble friend for giving way. I am intervening because I cannot stay for the rest of the debate. I welcome his statement that he will consider introducing judicial authority over control orders. Does he accept the general constitutional principle that, where such control orders are to be introduced, they should be under judicial control rather than under the control of politicians?

[Lord Bates]

I referred to that earlier. In another place, the Minister, James Brokenshire, said that we would look at it and seek to bring forward amendments, should the Bill go into Committee. We will do that.

I was saying, in conclusion, that I will address the points made in the course of this debate, perhaps at greater length, in my closing remarks.

We are in the middle of a generational struggle against a ruthless terrorist ideology that challenges the core values of our society. Those charged with our security must be properly equipped to do the job that we ask of them to maintain a free, open and tolerant nation. That is what the Bill is designed to do and I commend it to the House. I beg to move.