Counter-Terrorism and Security Bill

Michael Ellis Excerpts

Tuesday 2nd December 2014 Commons Chamber

[Mrs May]

I point out to the hon. Gentleman that counter-terrorism is obviously a reserved matter. He might like to know that his point relates to the very next paragraph I was about to read. It is the Government’s hope and intention that these provisions should also apply to Scotland. We are consulting Ministers in the devolved Administrations about the practical implications of our proposals, and obviously those discussions will continue with the Scottish Government.

Part 6 includes amendments to two provisions in the Terrorism Act 2000. First, it will put it beyond doubt that UK insurance firms cannot reimburse payments made to terrorists in response to ransom demands. To put that in context, the UN estimates that ransom payments raised up to £28 million for ISIL over the past 12 months alone. We need to avoid any uncertainty on that issue.

Secondly, the Bill will clarify our counter-terrorism port and border controls in relation to where goods may be examined and the examination of goods comprising items of post. That is an important part of our counter-terrorism port and border controls and the disruption of those engaged in terrorism. We must ensure that the law is clear and that the police can fulfil their duties.

The powers in the Bill are essential, but they should be used only where it is necessary and proportionate to do so. Their use will be stringently safeguarded, including through suitable legal thresholds and judicial oversight of certain measures. Part 7 of the Bill will also allow for the creation of a privacy and civil liberties board to support the important work of David Anderson QC, the independent reviewer of terrorism legislation.

Finally, the Bill includes a provision to ensure that challenges to refusals of applications for British overseas territories citizenship can be heard before the Special Immigration Appeals Commission, so that sensitive material can be protected. This simply addresses an anomaly in existing legislation.

I have stressed the urgency and importance of this legislation. This is not a knee-jerk reaction but a considered, targeted approach that ensures that our law enforcement and intelligence agencies have the powers they need to respond to the heightened threat to our national security. Substantial work, in consultation with the police and MI5, has gone into drafting the clauses. Where the measures impact on those in the private sector or civil society, we have consulted the relevant bodies.

I am grateful to the shadow Home Secretary for engaging in constructive discussions on the timetable for the Bill.

[Michael Ellis (Northampton North) (Con)]

I commend the Home Secretary for the measures in this Bill, which are reasonable measures that accord with our international obligations. Does she agree, though, that there is a gap as regards communications data? I hope that we will be able to include that area in future measures as soon as possible, because although the measures she is announcing go some way towards improving national security and meet our national obligations, we must address that gap.

[Mrs May]

My hon. Friend is right that we continue to have a gap in relation to communications data. Although the Bill introduces the question of IP address resolution, it will still be the case that data that previously would have been available to our law enforcement agencies and security services will not be available in future. I am very clear that Parliament will have to return to this issue after the general election.

The need to introduce this legislation today is pressing, but I do not propose to rush it through Parliament in a matter of days or weeks. Parliament must have adequate time to consider these measures. Expediting the Bill’s passage over the next couple of months will enable that to take place, while allowing us to seek approval for crucial secondary legislation prior to the election. This will ensure that proper scrutiny can take place, and that the police and agencies are able to use these new capabilities without undue delay.

We are in the midst of a generational struggle against a deadly terrorist ideology. That is why we have brought this legislation forward at the earliest opportunity, and we will seek its swift passage through Parliament. We must ensure that the police and the security and intelligence agencies have all the legal powers and capabilities they need to stop people travelling to fight in Syria and Iraq, to tackle this terrorist threat, and to protect all the law-abiding citizens who believe in keeping the UK an open, free and tolerant nation. That is what this Bill will do, and I commend it to the House.