Terrorism Prevention and Investigation Measures Bill

Richard Fuller Excerpts

Tuesday 7th June 2011 Commons Chamber

[Jeremy Corbyn]

I have always had an interesting relationship with the whipping system in Parliament. We are here as MPs to represent the constituents who have been good enough to send us here, and we are here to answer for ourselves. We must be prepared to ask these questions and to take part in these debates. Like the hon. Gentleman, I am extremely disappointed that there are so few Members here tonight. I suspect that it is because word has gone round, by text message from the Whips on both sides, that there is not going to be a vote. Most of our colleagues are probably either enjoying themselves on the Terrace or have gone home, when they should be in here debating this Bill. We could say the same for almost any piece of legislation that goes through the House.

I mentioned in an intervention the fundamental question of international jurisdiction. If someone comes to this country from a jurisdiction in which they have been tortured, irrationally imprisoned or abused, or if it is likely that they would suffer such a fate if they went back, we have a clear duty of protection to them under international law. Under the procedures of anti-terror legislation, someone who is suspected of terrorist activity or of harbouring plans for such activity can be detained virtually indefinitely under immigration law. Under the memorandums of understanding that were made between the previous Prime Minister but one, Tony Blair, and a number of Governments, such people can be returned to jurisdictions that have not signed the United Nations convention on torture.

I have a real problem with that. If we support the principles of international law and the international jurisdiction of conventions such as that one, we should carry them out to the fullest extent. We should not deport people to places where there is no protection of their rights under treaties that we have taken for ourselves. Just as when someone goes to prison, when an individual is accused of being a terrorist or of planning a terrorist activity, they do not stop being an individual and they do not lose all their rights. They do not stop being a citizen at that point.

[Richard Fuller (Bedford) (Con)]

I could not agree more with the hon. Gentleman’s point about our deportation of people to countries that could torture them. Does he agree that it is a serious omission in the Bill that the bail conditions imposed by the Special Immigration Appeals Commission will be able to remain at the levels set out in the control orders that are being lessened by the Bill? Should not that omission be corrected?

[Jeremy Corbyn]

Indeed so; the hon. Gentleman is absolutely right. That matter should be looked at in great detail in Committee. I hope that the Bill will be greatly changed in Committee and that we will hear about those changes on Report. I hope we will move away from the principle of control orders and the conditions that he rightly says are associated with them. I understand that Liberty, whose briefing on this matter I have neither read nor seen, for which I apologise, describes these measures as “low-fat” control orders that have been dressed up to resemble something that they are not.

I represent a mixed, inner-city community constituency, as do many other colleagues, and I am very proud to represent that area. The events of 2001, the invasion of Afghanistan, the invasion of Iraq, the Bush-led war on terror, the axis of evil speech and similar things have had an enormous effect on community relations. They have also generated a degree of Islamophobia within our society and continue to do so, which is a very serious matter. The anti-terrorism legislation and the arguments surrounding the Prevent strategy, like so many other things, play into that agenda.

My borough suffered on 7/7: more people from my borough died than from any other borough—it was a dreadful, awful, terrible day. I do not believe, however, that counter-terrorism legislation that goes around the principle of the use of the criminal law or goes around the norms of parliamentary democracy and open justice will stop those things happening again. That whole process does not make us more safe; ultimately, it puts our society at greater risk and makes it more vulnerable.

Although we are debating a change in the legislation and the Bill is presented as being the end of control orders, the reality is that we are being presented with a different form of control orders. I look forward to the Committee asserting itself when the details of the Bill are debated and improving it a great deal by removing the whole principle of control orders.

Once we give away our powers to secret courts or give away accountability to secret services—I accept that only 48 control orders have been put in place—we are crossing a very big line. We should be very careful about doing that. Our job as Members of Parliament is to ask the awkward question; our job as MPs is to put very awkward questions to those employed by the state to look after law and order and protect us. Above all, our task is to ensure that our liberties are safe, our democracy is safe and that individuals will not be detained irrationally for a very long time on the basis of hearsay evidence that would simply not stand up in a criminal court. That is a bad thing for a democracy; it is a bad thing for us to do.

--- Later in debate ---

[Richard Fuller (Bedford) (Con)]

It is a great pleasure to follow my hon. Friend the Member for Wycombe (Steve Baker), who said that the best speeches tended to come towards the end of a debate. As probably one of the last speakers I am about to show that that hypothesis is not always correct. How can I possibly match up to a Member who quoted not only Benjamin Franklin, but William Pitt and good old Ronald Reagan, in his speech in defence of his views on control orders today?

It was interesting earlier to hear the right hon. Member for Salford and Eccles (Hazel Blears) describe the original debates that went on until 4 am. I can imagine that at that time the Benches here would have been full with Members debating this important issue of liberty. We look around today and we see a lot more green Benches than people. Perhaps that is because most hon. Members are at ease with providing and continuing these regulations and powers for the Executive, and perhaps that is to be welcomed. But I think that ease comes largely because of our fear of the worst if those powers were taken away. I am not sure that that is the best way for us to set our laws, so I am not at ease with what is being proposed here today.

We have heard today from people who are learned in law and people with experience of making these tough decisions in the Executive. I have neither of those things, so I come from a simpler point of view, which is that in England we should not lock people up without telling them why. In supporting this legislation today, we are essentially denying that statement. It has been said that we should not trust all Home Secretaries—perhaps not all Home Secretaries—but I certainly trust and have faith in the current Home Secretary. She has brought a skill and effectiveness to an extremely difficult brief and has impressed Members on both sides of the House. As many hon. Members have said, the Home Secretary understands and bears the weight of more knowledge and has more access to knowledge and people with knowledge than we do ourselves.

The context for what is being proposed essentially stems from the events of the last 10 years. The hon. Member for Islington North (Jeremy Corbyn) recounted some of those, from the rise of radical ideology, through the nurturing of terrorism, the convulsions after 9/11, the invasions of Iraq and Afghanistan, the attacks here on UK soil and those attacks that have been prevented. Those are indeed mighty issues for the state to handle, and I do not doubt the sincerity of Governments of any colour in how they wished to handle them. Those challenges certainly demanded a robust approach, but one that should have preserved our core values and freedoms, because they are beacons for a wider world that yearns for the freedoms that we have. We have a responsibility beyond these shores to ensure that, in setting our laws, we set an example that we wish other countries to follow. That should be the highest of examples we can set.

The previous Government’s response may now be judged to have been overreach and their actions to have done too much damage to our precious freedoms and to have been in some respects ineffective or counter-productive. Those measures included detention without trial, secret courts, special attorneys, hidden evidence, the imposition of high levels of restriction on people who were never charged and did not know the case against them, forced relocation, internal exile and the transfer of judicial authority to the Executive branch. We were told, “Don’t worry, because they are all temporary emergency measures, so they are okay.” Well, in my view they were never okay, and as the years passed they seemed less and less temporary.

For this Government, the test for how to change the legislation had to be set higher. The Bill before us declares it as such:

“A BILL TO Abolish control orders”.

As many hon. Members have said, it would have been fine if it had stopped there, but it went on to state that it would also

“make provision for the imposition of terrorism prevention and investigation measures.”

There we get into the weighing up of the freedoms on one side and the prevention of harm on the other. The details do not live up to the billing. In the absence of my right hon. Friend the Home Secretary, I must ask: when did we shift away from fundamental challenge based on principle? When did our assertion of centuries-old principles of English justice succumb to one more round of Executive caution? For me, there must be good, specific reasons behind the rationale for each measure and specific examples of their effectiveness. That will be the challenge in Committee and, if it is not met there, when the Bill comes back on Report, because general statements will not help. They will lead us to similar mistakes that we now see that the previous Government, even with the best intentions, may have made in their legislation.

I have two concerns, one of which I will talk about for most of my speech and the other I will mention briefly. My main concern to address to the Minister is the omission of the immigration bail conditions imposed by the Special Immigration Appeals Commission. Control orders were originally intended for UK citizens and non-UK citizens, but now they are exclusively for UK citizens. At the end of 2006, 18 people were on control orders, nine of whom were non-UK citizens. At the end of 2010, 10 people were on control orders, all of whom were UK citizens. My question to the Minister is this: have SIAC bail conditions been used as a proxy for control orders? Why are they not included in this review to bring those conditions to the same level as the Government now propose for control orders? SIAC bail conditions will still permit forced relocation, forced curfews, monitoring with the same level of secrecy and the lack of access, all without any charges being brought. They belonged in the Bill, so I look forward to hearing from the Minister why they are not there.

I will bring an example to the attention of the House. We have heard about CD and about AM, but I would like to talk about Y—Mustapha Taleb. I read about him in the book “Ricin”. Ricin was one of those footnotes in the approach to the Iraq war, with the “ricin plot”, or, some would say, the “ricin plot that never was”.

Mustapha Taleb came to the UK in 2001, having been tortured in his home country of Algeria. He was arrested in 2003 as part of the “ricin plot”, taken to court, tried and found not guilty of all charges. He was arrested again in 2005, after the 7/7 attacks, and SIAC imposed immigration bail conditions on him. Those conditions have been in place effectively for the six years subsequent to that point, so when people talk about one year or two years, they ought to understand that people in this country now have been living under conditions as severe as control orders for the past six years—and there is no relief for them in the Bill.

What does that say about British justice—forced relocation, imposed curfews, the monitoring of all communications and a denial of freedom for six years? For what? We do not know. Mustapha does not know, he has not been charged; his lawyers do not know, they have not seen the evidence; and I do not know why those conditions are not being relieved in the Bill. I strongly urge the Home Secretary to accept, and hope that she will do so in Committee, an amendment to bring them into the same form as control orders.

My second point, and quickly, is on temporary versus permanent. I mention it not only because I support the notion of many hon. Members that a review each year would be helpful, but because, having listened to the debate, it is quite clear that when someone goes from the Opposition Benches to the Government Front Bench the intention, the principle and the idealism are lessened—and lessened to the point of extinction. That position may well be right, but it is important that we challenge it every year here, where those voices of idealism can still be heard, even if today they make up a minority of the voices who were here six years ago. They still deserve to be heard every year on the matter.

I have great confidence in our Home Secretary and, of course, understand that as a Back Bencher I have only partial access to the information that she and Ministers have. I do believe, however, that we have missed an opportunity with this Bill to restore English liberty to its highest levels of respect. I urge the Government to consider a sunset clause and to align immigration bail conditions with the new control orders.

In the case of Mr Taleb, I just quote the members of the jury who acquitted him. When the SIAC conditions were put in place, they subsequently said:

“As three ordinary members of the public we have had our eyes opened to such an unfair and unjust sequence of events orchestrated by the authorities that we feel compelled to speak out. This is contrary to anything we thought could be possible in a democratic, free society. Since January 2003, ‘Y’”—

Mustapha Taleb—

“has been persecuted by our government beyond all realms of imagination.”

I urge the Minister to listen to that and to look for further changes.