Counter-Terrorism and Security Bill

Debate between Pete Wishart and Diana Johnson

Wednesday 7th January 2015 Commons Chamber

[Diana Johnson]

It is very nice that the Government have tabled amendment 12, as it is effectively the same amendment that the Opposition tabled in Committee to ensure that there is proper consultation with the devolved Administrations if the Home Secretary introduces changes. We are pleased that the Government have seen the sense of what Labour suggested, and that we can claim a victory on ensuring that there is full consultation. I am happy not to press amendment 1, because Government amendment 12 is exactly what we were trying to achieve.

[Pete Wishart (Perth and North Perthshire) (SNP)]

As we discuss counter-terrorism for a fifth day, our thoughts are very much on the appalling murders in Paris today. It was not only an appalling attack on journalists and a newspaper office but an attack on free speech, and today all of us can say, “Je suis Charlie”. Given those sickening events, it is pretty hard to discuss counter-terror measures today, but we live in a democracy and we will discuss them. We will not let any terrorist attack deter us from our influence on the matter or how we approach our business.

We are eternally grateful for amendment 12, because it is the beginning of a recognition of Scotland’s distinct responsibilities for measures under the Bill. The Bill asks that we be consulted on competencies for which we are actually responsible. It is not consultation that the Minister requires, it is our consent. We are responsible for delivering those competencies in the Scottish Parliament. We are responsible for education and health, we have a distinct legal system, and we are responsible for the judiciary. The Scottish police force, Police Scotland, is accountable to the Scottish Parliament. We have our own institutions and our own set of responsibilities and competencies. Yes, we are grateful that the UK Government are going to pick up the phone and consult our Ministers, but it is our consent that they require when passing measures under the Bill.

We will agree with the Government on most measures, and I am sure we will get on perfectly well, but we take a different and distinct approach on a number of issues. Of course we do—we have a different culture in Scotland. We do not have the same size of ethnic communities as there are south of the border, and we have a different and distinct approach to community relations. We see and deliver some things very differently from the UK Government.

The vast platform of the Prevent strategy will be administered in Scotland by Scottish public bodies, responsible to the Scottish Parliament and under the guidance of Scottish Ministers. Consultation—great. Thank you ever so much, Home Secretary, for being prepared to consult Scottish Ministers, discuss things with them and maybe even ask their views, but what we need is to give consent. If we are to be realistic about the devolution settlement and the range of responsibilities we have, and if we are talking about the respect agenda, that consent is required. Consultation is certainly not good enough.

Our approach to Prevent is different, of course. We see it more through the lens of safeguarding, with an emphasis on keeping people safe, community cohesion, participative democracy and ensuring that action is consistent with the needs of, and risks to, all our communities.

Counter-Terrorism and Security Bill

Debate between Pete Wishart and Diana Johnson

Tuesday 16th December 2014 Commons Chamber

[Pete Wishart]

I presume from her comments that the hon. Lady does not want Scotland included in this. I am sure that she has heard about the different, more holistic approach that we have. Could she help us to persuade the Minister to allow us to do our thing uninterrupted by what has been proposed in the Bill?

[Diana Johnson]

We are at the Committee stage of the Bill, looking specifically at the Government’s provisions. Scotland is covered by Prevent. I am concerned that within schedule 3, which lists the bodies that are covered by the duty, there is nothing from Scotland. That worries me. I want to hear from the Minister why that is and what discussions are being held. As the rest of the Bill applies, I assume that there is a gap that needs to be filled.

On Northern Ireland, when the Government introduced the Anti-Social Behaviour, Crime and Policing Act 2014, they neglected to consult the Northern Ireland Executive. The result is that, after four years, the National Crime Agency still does not have a remit to work in Northern Ireland. I am concerned that we could end up with a similar situation with Prevent and the agenda in Scotland.

Counter-Terrorism and Security Bill

Debate between Pete Wishart and Diana Johnson

Tuesday 9th December 2014 Commons Chamber

[Pete Wishart]

The hon. Gentleman hits the nail on the head. These measures are counter-productive in trying to make our country safe. All they do is tip people off that there is a particular issue with an individual. If there is a terrorist community, the first thing that they will take note of is the fact that somebody has been the subject of a TPIM or a control order. It alerts them to the fact that something is going on. I am all for making our country safe, but have there been any prosecutions? No.

The saddest and most bizarre feature of control orders and TPIMs is that they are all about suspicion. There is never enough evidence to test these matters in court, to take them to trial, to have a judge and jury decide whether something is going on. It is all about suspicion. That is the critical feature of TPIMs, as it was of the control order regime. How can anybody try to secure their innocence when they are subject to such measures? They have no opportunity to do so at all. They just have to accept the situation.

Unfortunately, the relocation measures will bring TPIMs right back to where we were with control orders. That was the defining difference between TPIMs and control orders. It is therefore particularly depressing that relocation is a feature of the new TPIM regime in the Bill. I hope that the Minister will resist Labour’s call to extend the powers further by making relocation even more restrictive and having another list of qualifications in the TPIM regime. I know that he will resist that and ensure that Labour, in its new Labour guise, will not have its way.

[Diana Johnson]

I am listening carefully to the hon. Gentleman. He should have listened to what I said, which was that these are probing amendments to allow us fully to understand the Government’s thinking. They are intended not to extend the powers in the Bill, but to seek clarification. I hope that he will take that on board.

[Pete Wishart]

I am a bit more satisfied, but on the face of it, the amendments do call for further restrictions. If they are just probing amendments, that is fair enough and we will hear the Minister’s response. Regardless of whether the amendments are probing or active, I hope that he is not convinced to back anything that Labour is suggesting, because that would make matters worse.

It seems to me that the Labour leopard has not changed its new Labour, anti-civil libertarian spots. Labour still wants further restrictions. It still wants the Government to go further, despite the critical balancing act that we always have to consider between the necessary steps to keep our nation safe and the civil liberties that we cherish and value in a democracy. New Labour got the balance drastically, appallingly wrong. Unfortunately, the Conservatives are moving on to that territory once again. I hope that the amendments are resisted. I understand that they are just probing amendments, and that is fine, but I hope that the Minister will not be probed into accepting what is being suggested by the Labour party.