Prevention and Suppression of Terrorism

Robert Halfon Excerpts

Wednesday 19th January 2011 Commons Chamber

[Damian Green]

I take the right hon. Gentleman’s point. As he knows, all proscribed organisations are reviewed on an annual basis by a cross-Government group that assists the Home Secretary to come to decisions on these matters. Each case is carefully considered, taking into account all the detail as time passes. The right hon. Gentleman makes a good point that organisations can change over time. There is an appeal mechanism not just to the Home Secretary, but beyond the Home Secretary to an independent committee, so I am confident that organisations can present a case that they have changed. The system and the Act allow for that.

Proscription is a tough power, as is clear from the various interventions, but it is necessary. Its effect is that the proscribed organisation is outlawed and is unable to operate in the UK. Proscription means that it is a criminal offence for a person to belong to or invite support for a proscribed organisation. It is also a criminal offence to arrange a meeting in support of a proscribed organisation or to wear clothing or carry articles in public which arouse reasonable suspicion that an individual is a member or supporter of the proscribed organisation.

Given the wide-ranging impact of proscription, the Home Secretary exercises her power to proscribe an organisation only after thoroughly reviewing all the available relevant information and evidence on the organisation. This includes open source material, as well as intelligence material, legal advice, and advice that reflects consultation across Government, including with the intelligence and law enforcement agencies. Decisions on proscription are taken with great care by the Home Secretary, and it is also right that the case for proscribing new organisations must be approved by both Houses.

Having carefully considered all the evidence, the Home Secretary firmly believes that the TTP is currently concerned in terrorism. Although hon. Members will, I hope, appreciate that I am unable to go into much detail, I am able to summarise. The TTP is a prolific terrorist organisation that has committed a large number of mass-casualty attacks in Pakistan. It has announced various objectives and demands, such as the enforcement of sharia, resistance against the Pakistani army and the removal of NATO forces from Afghanistan. Examples of recent attacks include a suicide car bomb attack outside a courthouse in Mingora in March 2009 that killed 14 people and injured 130. Another attack on a police station in Lakki Marwat in September 2010 killed 17 people. Although the majority of attacks have been against military and Government targets, the TTP is also known to target religious events. In September 2010, a suicide attack on a Shi’a rally killed 50 people.

The group has also claimed responsibility for attacks on western targets. For example, in June 2010 an attack on a NATO convoy just outside Islamabad killed seven people and destroyed 50 vehicles. In April 2010, an attack on the US consulate in Peshawar killed at least six. The TTP has also threatened to attack the west and was implicated in the failed Times square car bomb attack last May.

Proscription will align the UK with the emerging international consensus against this murderous organisation. The TTP is already designated by the United States and proscribed in Pakistan. The proscription of the TTP will contribute to making the UK a hostile environment for terrorists and their supporters, and show our condemnation of the terrorist attacks the group continues to carry out in Pakistan. Proscribing the TTP will enable the police to carry out disruptive action more effectively against any supporters in the UK.

I should make it clear to hon. Members that proscription is not targeted at any particular faith or social grouping, but is based on clear evidence that an organisation is concerned in terrorism. The TTP is not representative of Pakistani or wider Muslim communities in the UK. The organisation has carried out a large number of attacks in Pakistan resulting in large numbers of civilian casualties. It is clear that these actions appal the vast majority of British Muslims.

As a final point, I have already said that the Government recognise that proscription is a tough power that can have a wide-ranging impact.

[Robert Halfon (Harlow) (Con)]

I welcome my hon. Friend’s statement. Will he confirm that the Government are looking, as they have said in the past, at proscribing Hizb ut-Tahrir, and the political wing of Hezbollah, which still operates in the United Kingdom?

[Damian Green]

I can only repeat to my hon. Friend what I said to the hon. Member for Islington North (Jeremy Corbyn). For obvious reasons, it is not this Government’s, nor was it the previous Government’s, policy to discuss whether an organisation is or is not under consideration for proscription. He will be aware that Hizb ut-Tahrir is an organisation about which we have real concerns, and I can confirm that its activities are kept under review. But as I say, it would be unwise to promote a running commentary on any individual organisation.

Any organisation that is proscribed, or anyone affected by the proscription of an organisation, has an appeal mechanism, as I was saying to the Chairman of the Home Affairs Committee. They can apply to the Home Secretary for the organisation to be de-proscribed, and if the application is refused, the applicant can appeal to the Proscribed Organisations Appeal Commission, a special tribunal that is able to consider the sensitive material that often underpins proscription decisions. A special advocate can be appointed to represent the interests of the applicant in closed sessions of the commission. I hope that gives some reassurance to those who were concerned about that.

--- Later in debate ---

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

I am grateful to the Minister for setting out the Government’s reasons for the order. Let me clarify that no one on the Opposition Front Bench finds these matters amusing in any way whatsoever. I note, however, that the Minister was somewhat under pressure when the Prime Minister’s conduct in matters of national security and the banning of organisations was cited. We were merely pointing out that the Prime Minister does not have a glorious record in that regard.

Let me reiterate at the outset for the benefit of the House the approach adopted to counter-terrorism matters by the shadow Home Secretary, my right hon. Friend the Member for Morley and Outwood (Ed Balls):

“We, the Opposition, will take an evidence-based approach which gives the greatest importance to national security in coming to a view on counter-terrorism issues, and therefore wherever possible we will seek to work with the government and will seek consensus.”

To that end, I can tell the House that, despite frequent earlier requests, my right hon. Friend received only in the past hour a Privy Council briefing on the organisation that is the subject of the order. As I have said, we are happy to seek a consensus-based approach on matters of national security, but I point out to Government Front Benchers that that would be helped along somewhat if they provided Privy Council briefings in a more timely manner.

[Robert Halfon]

To be fair, given what the hon. Lady has just said about Hizb ut-Tahrir, it was Tony Blair who first said that the organisation should be proscribed, and nothing ever happened subsequently.

[Shabana Mahmood]

I will return to the issue of Hizb ut-Tahrir shortly and hopefully deal with the substance of the hon. Gentleman’s intervention.

I have a number of questions about the order for the Minister. Paragraph 7.2 of the explanatory memorandum states:

“The Secretary of State has regard to additional criteria (announced by the Secretary of State in 2001) in deciding as a matter of discretion whether or not to proscribe an organisation. These are:…The nature and scale of the organisation’s activities…The specific threat that it poses to the UK…The specific threat that it poses to British nationals overseas…The extent of the organisation’s presence in the UK…The need to support international partners in the fight against terrorism”.

Those criteria seem to be perfectly sensible in providing the basic test against which a Secretary of State may decide to exercise his or her discretion, but will the Minister shed some light on how, in this particular case, they have been applied? The 2001 criteria are not contained in primary or secondary legislation, so in light of that are they under regular review by the Home Office? Will he give us some details about how the Government intend to keep them under review? How frequently will that be done?

Given that the criteria were stated first in 2001, does the Minister consider them to be fully comprehensive still? Could they usefully be added to, and are there any plans to do so? He will be aware that there is a large and settled British Pakistani community in this country, and many British citizens from that community travel regularly to Pakistan to visit family and friends. What is his assessment of the threat that Tehrik-e Taliban Pakistan poses to them? That will be a matter of some interest to the British Pakistani community, so I hope that he will take this opportunity to address it. Related to that, is Tehrik-e Taliban Pakistan operative in this country? How has the threat that the organisation poses in this country changed since it was set up in 2007, and what is the extent of its operations in this country?

The Minister will also be aware that, as a result of the devastating floods in Pakistan last year, the effects of which are still being felt by the Pakistani population, a large number of British aid workers operate in Pakistan and are involved in vital efforts to provide humanitarian relief and assistance to the flood affectees. Soon after the floods, Tehrik-e Taliban Pakistan made a number of statements, widely reported in the British media, threatening British aid workers. Will the Minister update the House on the threat posed to British aid workers engaged in flood relief work in Pakistan, and will he give some detail about the efforts being made to provide the maximum possible security and support to them?

The organisation was set up in 2007, proscribed by the Pakistani authorities in 2008 and designated by the United States in September 2010. What prompted the Government to follow suit now? How was the timing of the decision arrived at? There is, of course, necessary and close co-operation between the Pakistani authorities and the Government in combating terrorism. Is the Minister confident that the Government are doing enough to support the Pakistani authorities and society as a whole to prevent the rise of Tehrik-e Taliban Pakistan.