Protection of Freedoms Bill

Debate between Paul Goggins and Jeremy Corbyn

Tuesday 11th October 2011 Commons Chamber

[Jeremy Corbyn (Islington North) (Lab)]

I apologise for missing the earlier part of my right hon. Friend’s speech—I was at a meeting in another part of the building. I understand what he is saying, but very few other countries go beyond 14 days for detention periods and some go much less. Why does he think that we should legislate to allow an extension to 28 days?

[Paul Goggins]

My hon. Friend knows enough about this matter to know that we cannot draw simple comparisons between our system and other systems. Other systems sometimes appear to hold suspects for shorter periods when in fact they are held for longer periods. We have a system that reflects our own judicial culture but also recognises the fact that we face enormous threats and challenges from terrorists in this country, perhaps particularly in this city. We have had to work our way through this, but if he missed the earlier part of my speech, he will not have heard me say that I have had pause to reflect and that I have changed my mind. I think that 14 days should be the maximum in most circumstances, apart from the exceptional circumstances that I am referring to.

Terrorism Prevention and Investigation Measures Bill

Debate between Paul Goggins and Jeremy Corbyn

Tuesday 7th June 2011 Commons Chamber

[Jeremy Corbyn (Islington North) (Lab)]

In my right hon. Friend’s years in the Home Office, in which he must have been involved in many discussions about anti-terrorism legislation, how much consideration was given to the implementation of the criminal law in open court rather than the creation of a series of special courts, special measures and all the suspicion that surrounds them?

[Paul Goggins]

Considerable consideration was always given to those issues. As the Home Secretary said earlier, prosecutions should always be brought where possible. Those who engage in terrorist activity should feel the full force of the law and where possible—where the evidence is there—they should be convicted and go to prison for a very long time. The problem is that sometimes the evidence and information that the Home Secretary and other Ministers have is not enough to secure a prosecution because much of it is protected or secret information that could not, of itself, sustain a successful prosecution. That is the territory we are dealing with, but I assure my hon. Friend that that consideration was always at the foremost of Minister’s minds at that time.

--- Later in debate ---

[Paul Goggins]

The hon. Member for Cambridge (Dr Huppert) was saying that international terrorists would rush off and use it and reveal all their sources and contacts to the authorities monitoring the measure. I shall make the point again: I do not think that the provisions as set out reflect the sophistication with which international terrorists operate.

My third difficulty relates not to the Bill but to a wider issue that is significant to the powers in the Bill—the whole business of rules on the disclosure of evidence. I welcome the fact that under the Bill there will still be closed hearings which can continue as before under control orders. That is needed, because if a judge is going to review the material or hear an appeal from a particular individual, he must consider the information available to the Home Secretary when she made the initial application. If some, if not all, of that information has to be protected, that must be done in a closed hearing. Special advocates will still be needed. The gist of the case must be provided to the individual.

As we recognise, however, the AF judgment makes it increasingly difficult to protect what in the interests of public safety and national security must remain secret information. That issue caused problems for the previous Government, and it has caused problems for this Government. It has ramifications for our relations with international partners with whom we share important information and intelligence. I applaud the fact that the Government are seeking to address that problem and deal with it in the Green Paper. May I tell all Front Benchers that we should do everything we can to resolve the issue, because if we do not do so the TPIM system will simply not work, as there will be an ever stronger demand that information that should remain secret is revealed in open court to the individual concerned? It is important that we resolve that issue so that we know what can be disclosed and what can be protected.

[Jeremy Corbyn]

I thank my right hon. Friend for giving way again. Does he not accept that there is a major concern about anti-terrorism legislation with special courts and special advocates, and in which information is withheld from the defendant? The barrister acting on behalf of the defendant is not allowed to reveal to them the nature of the evidence or the case against them. Therein lies a road to something very, very dangerous in a democracy that prides itself on open prosecutions and open justice, and thereby a much wider acceptance of the judicial system and the rule of law.

[Paul Goggins]

My hon. Friend again makes his point with great care. Of course, these are exceptional powers that should be used sparingly. We have all this apparatus in relation to control orders to ensure that the suspect’s interests can be protected. That is why we have special advocates who can consider the information and argue on behalf of the suspect. [Interruption.] Does the hon. Member for Cambridge wish to intervene?