Terrorism Prevention and Investigation Measures Bill

Debate between Pete Wishart and Steve Baker

Tuesday 7th June 2011 Commons Chamber

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

I know that in this House we often say that it is a pleasure to follow the hon. Gentleman, but in this case I really mean it. That was a thoughtful speech that got to the heart of the matter. It showed the impact that control orders and TPIMs have on the wider community, and the way in which they are seen by the communities that are subjected to them.

When we make legislation that does not allow the defendant to see any of the evidence that is presented against them, we are getting into difficult and dangerous territory. I agree with the hon. Member for Newark (Patrick Mercer) that we have to tread carefully. There have been thoughtful speeches tonight and Members have made their points well, but I think that we are being a little too cavalier when it comes to the civil liberties of so many people in our nation. I know that these measures apply to only a few people, but the problem is how they are perceived. That is what we should consider before going any further down the line of introducing a new regime to replace control orders.

Control orders have failed more than any other measure. They have not worked. They have led to no convictions whatsoever. We must consider the fact that 15% of those who have been subject to a control order are now at liberty and we do not know where they are. Control orders have failed, they do not work, and they have a disastrous impact on communities and individuals throughout this country.

I say to the Minister that I have been quite impressed by the performance of the Conservative-led Government over the past few months. They have been as good as their word. They have helped to dismantle the rotten, anti-civil libertarian state bequeathed by the last Labour Government. I cheered them to the rafters when they introduced the Bill to get rid of the hated Labour ID cards scheme. I wish I could have been there at the bonfire of the equally detested national database, which Labour introduced. I welcome the progress that has been made on pre-charge detention. It is not perfect, but there has been massive progress, particularly when one considers that in the days of the right hon. Member for Salford and Eccles (Hazel Blears), we were approaching 90 days’ pre-charge detention. Thank goodness those days are gone. I also applaud the Conservative-led Government on their progress on all the other surveillance apparatus so cherished by the last Labour Government.

Why stop at control orders? We could have got rid of those too. This is the last remaining rotten piece of legislation from Labour’s anti-civil libertarian state. Of course, we saw this coming. We all heard the rumours of disagreements in the Cabinet and between the Prime Minister and the Deputy Prime Minister. We did not see the Bill for months, until a face-saving exercise was concocted to allow the Deputy Prime Minister a bit of dignity on the issue. However, it is a rotten compromise. It has done nothing. The only thing the Liberals have got out of it is a renaming of control orders. It is just not good enough. They could have got the whole thing, made progress and got shot of these odious practices, such as people being subject to curfews without any exposure to the evidence that is presented against them.

I am disappointed in the behaviour of this Government on control orders, and I expected better of the Home Secretary and her ministerial team. However, they are subject to pressures too. I can just imagine all the fine representatives of the security and intelligence industry wandering into No. 10 and telling them, “These measures are absolutely essential and have to be done. Civil liberties are all right, but this is about national security.” I can just imagine the files being presented and the Home Secretary being convinced that these measures are absolutely necessary.

I say to the Minister that when it comes to control orders, this Conservative Government are little better than Lord Reid and the right hon. Member for Sheffield, Brightside and Hillsborough (Mr Blunkett). It was new Labour that introduced these measures, and we have to consider the journey that we have taken on this issue. They were introduced in an absolute panic with emergency legislation, which was supposed to be temporary. They were supposed to apply only to foreign nationals. There are now no foreign national controlees—they are all UK residents. All the reasons why we had these things in the first place have gone. Nobody who has been subject to a control order has been prosecuted. Control orders have failed in bringing people to justice, because nobody has been brought to justice and there has been no attempt to bring anybody to justice under control orders.

Now we have TPIMs. What is the difference? There is not really any difference. I accept what Liberty says, although I know the Liberals do not. I believe that in some respects, TPIMs are worse than control orders, because they are permanent and will not be subject to yearly reviews. That is the great anti-civil libertarian flaw at the heart of the TPIMs regime. In other respects, there is no difference. Control orders are instigated by the Home Secretary with the permission of the High Court, except in urgent cases. TPIMs will be instigated by the Home Secretary with the permission of the High Court, except in urgent cases. There are closed proceedings under control orders and special advocates examine secret evidence forming the basis of the order. Under TPIMs, there will be closed proceedings and special advocates will examine secret evidence forming the basis of the order. There is no difference whatsoever. If there is a breach, there is five years’ imprisonment under control orders. Under TPIMs—surprise, surprise—it is also five years. There is very little difference.

Under the Bill, individuals who are branded as terror suspects will still be left at large in the community, unable to challenge the suspicion against them or prove it to be wrong. They will be subject to electronic tagging and curfews. Actually, they are not curfews, but overnight residence requirements. Who on earth made up that term? It sounds like a sleepover that kids would be involved in, only it is a sleepover with police surveillance and an electronic tag. It is no different from a curfew and it is a massive restriction on people’s liberty. There will be restrictions on communication, movement and the ability to work or study. As before, individuals who are subject to TPIMs will be prevented from leading any kind of normal life.

The TPIMs regime will prove to be as ineffective as its predecessor in fighting terrorism. It will continue to tip off suspects and prevent evidence from being gathered, while leaving potentially dangerous people at large in the community for extended periods. I have mentioned the fact that 15% of controlees have disappeared. That demonstrates that administrative community punishments that are used in the place of criminal prosecutions are as dangerous to security as they are to liberty.

Control orders were rushed through Parliament. After 10 years, I thought that we would come to this House, consider the issue and see whether they were still required. I have listened very carefully to all the speeches that have been made tonight, and I have heard no evidence to suggest that these things are still required.

In many ways the new orders are worse, because there is permanence to them. The powers will no longer be reviewed every year, and the labelling of people as terrorists without any sight of the evidence against them will now be made permanent. There is more, because the Secretary of State could unleash all sorts of concessionary measures that could make the orders even more unpleasant. There could be further restrictions, curfews and bans on communications and associations—it is all very subjective. I am implacably opposed to control orders, and I have seen no evidence that they are required.

[Steve Baker (Wycombe) (Con)]

I am very much inclined to agree with all the hon. Gentleman’s remarks, but what would he say about the argument from those who promote these measures that the people who will be subject to them are terrorist suspects against whom prosecutions cannot be brought?

[Pete Wishart]

That is exactly what is said, and we have heard from a number of contributors this evening that these are people against whom there is not sufficient evidence or evidence of good enough quality for a successful prosecution. We heard the example of an individual who has had a control order against him for two years. His liberty has been compromised for two years because he has not been able to prove his innocence in a court and the state has not been able to prove his guilt. That is at the heart of the matter, which was why the hon. Member for Newark was spot on in his observations about how control orders are operating.