Counter-Terrorism and Border Security Bill

Simon Hoare Excerpts

2nd reading: House of Commons & Money resolution: House of Commons
Monday 11th June 2018 Commons Chamber

[The Secretary of State for the Home Department (Sajid Javid)]

I beg to move, That the Bill be now read a Second time.

This country faces significant threats to our national security. The first is the ongoing threat posed by terrorism to the safety and security of our communities and to the freedoms that we cherish as a nation. Another is the threat posed by hostile state activity, which we saw most recently in Salisbury.

As has been said many times before in this House, our police and intelligence agencies are unwavering in their commitment to protecting us and to keeping the country safe. They are ready to put their own lives on the line to help to save others. It is because of this commitment and professionalism that 25 Islamist terrorist attacks have been disrupted since 2013. Four extreme right-wing plots have also been foiled since the Westminster attack. But as we know all too well, there were five terrorist attacks last year. Thirty-six people were murdered, and many more are still grieving or coming to terms with life-changing injuries as a result of the terrorist atrocities in London and Manchester. We owe it to the victims and survivors to do our very best to prevent such attacks from happening again.

Of course, as Home Secretary, I do not want to offer false hope. No Home Secretary can guarantee that there will not be another terrorist attack on their watch. It is impossible for me to promise that there will not be more grieving parents, partners and children because of some senseless act of terrorist violence in the future. But what I can do as Home Secretary is to take a long, hard, forensic look at the powers available to the police, security services, prosecutors and judiciary, and to make sure that they have what they need, including powers to tackle the evolving threat to the UK from terrorism and from hostile state activity and powers to keep the public safe and protect our national security. This is what the wide-ranging Counter-Terrorism and Border Security Bill is all about; it is about keeping the people of this country safe.

[Simon Hoare (North Dorset) (Con)]

My right hon. Friend used the term “wide-ranging”. Is not that the key thing? The legislation should be wide-ranging and flexible because those who wish this country and our fellow citizens ill are always trying to keep one step ahead of our rules and regulations. It is important to have the flexibility to ensure that all the tools that our agents need are available to them.

[Sajid Javid]

My hon. Friend is absolutely right. He and other hon. Members will see that much of this Bill is about updating existing powers to reflect the modern age—for example, some of the powers regarding the internet and online content.

This important piece of legislation will allow the police and MI5 to disrupt threats earlier and to ensure that our laws reflect modern use of the internet. It will change existing laws to manage terrorist offenders better and it will allow for more effective investigations. It will also give police more powers to investigate hostile state activity.

[Sajid Javid]

I know that my hon. Friend has taken a great interest in these matters for many years. I will listen carefully to anything he has to say on that issue and so will the Security Minister. I look forward to seeing any amendments that he tables.

In March, we saw the attempted assassination in Salisbury of Sergei Skripal using a deadly nerve agent. That also put his daughter Yulia, Detective Sergeant Nick Bailey, and many others in danger, including the brave men and women in the national health service and our frontline officers, who did all they could at the scene. They have continued to do so in the weeks and months since and have worked hard to save the Skripals. The attack was highly likely to be the work of the Russian state—a conclusion that is shared by many of our international partners. They have joined the UK in demonstrating to the Russian Government that the actions that they take are undermining the rule of law and international norms, and have serious consequences.

The events in Salisbury are part of a pattern of behaviour by the Russian Government, and the Russians are of course not alone in engaging in hostile activity that threatens our United Kingdom. So it is high time that we hardened our defences against hostile state activity.

[Simon Hoare]

My right hon. Friend mentioned my constituent Nick Bailey, the police officer at Salisbury. Wiltshire police have been incredibly helpful to Nick and to his family, with whom I am liaising. Can my right hon. Friend confirm that he, his Department and Wiltshire police will continue to give Nick and his family all the support that they need, given the unique circumstances of the incident and the ramifications that he and his family have had from it?

[Sajid Javid]

I am happy to give my hon. Friend that assurance. I think that the whole House has commended Detective Sergeant Nick Bailey for what he did and how he put himself in the line of danger just doing his job—as I am sure he would put it. We will work with him, through Wiltshire police and others, to make sure that he gets all the support that he needs.

--- Later in debate ---

[Ms Abbott]

I accept the need for a programme that does what Prevent purports to do, but there is a danger. If we do not review the activities of Prevent, it may prove counterproductive in the very communities we want to work with. As for the question of local authorities becoming referral agents, at least the police have had some training in this matter, whatever we think of the programme, but local authorities have no expertise in counter-terrorism. The danger is that pointless referrals and what seems, I am afraid, to be useless deradicalisation counselling will snowball.

[Simon Hoare]

I am listening carefully to the right hon. Lady. Just to clarify, is she saying that she would review the Prevent strategy, or, given the data or allegations she has repeated—from, I think she said, a lawyer—that she would press the pause button on Prevent, stop it and invent something else? If it is the latter, what is the something else? I think that goes straight to the point made by the hon. Member for Gedling (Vernon Coaker).

[Ms Abbott]

I said quite clearly that we would seek to review it. We could not at this point press the pause button, but the data we have about the effectiveness of deradicalisation programmes and what we know about how Prevent is regarded in some parts of the community means that we would want to review it.

One of the most worrying aspects of the Bill is the creation of powers of detention, interrogation, search or seizure without any suspicion whatever of crime, but simply while people are crossing borders. That is to treat anyone, British citizen or not, as a potential terrorist simply in the act of crossing the border. Such powers should be granted only with due care. All inhibitions on the rights of the citizen by the state must be based on evidence or reasonable grounds for suspicion. They must be subject to challenge—[Interruption.] I hope the House will allow me to conclude my remarks. If suspicion-free detention, interrogation and search is allowed, then it cannot be challenged. If there is no basis for challenge, there is likely to be no basis for detention. How does that accord with the Government’s claim to be building a new, global Britain?

--- Later in debate ---

[Mr Hayes]

Yes, that did happen, but I would go as far as to say—reflecting what Andrew Parker said—that the scale of what we now face and its character is unprecedented in modern times. I am cautious about being too definitive about these things, because it is never wise to be so, but I defer to the man who runs MI5, who is closest to these matters. I think that we are facing new challenges of the kind that we have never really seen before. To go back to my earlier remarks, when we think of Irish terrorism, there was, for the most part, a degree of predictability, and the key difference with terrorism then was that most of the terrorists did not want to risk their own lives. They wanted to save the lives of the operatives. That is a fundamental difference from the sort of terrorism that we have seen in more recent years. There are also differences in the command structure of terrorism in Ireland compared with what we now face. Many of the terrorists that we seek to counter, and which this legislation addresses, are people who have been radicalised in their own home. They are inspired by rather than part of an organised network. Given what I said about the availability of weapons, in that a vehicle can be a weapon, one can imagine the damage that an inspired terrorist, possibly unknown to the security services and police until they commit the act, might do.

[Simon Hoare]

Does my right hon. Friend also agree that one acute difference between Irish terrorism and the threat today is that in the Irish situation an agreed code word was usually used to alert the security services that something was about to kick off? We do not have that today, which is why this very flexible, proactive approach to regulations required to try to keep us safe—we will not manage it in all circumstances, but we will do our damnedest—is pivotal.

[Mr Hayes]

The Irish people endured the horror of terrorism for a very long time, and we should not be complacent about any part of our kingdom, but there are differences with what we face now, which I have already mentioned and others will no doubt elaborate upon during the debate.

Before coming to the end of this brief speech—certainly brief by my standards—I want to deal with Prevent. I worked with Prevent and I will mention two things that the right hon. Member for Hackney North and Stoke Newington said with which I fully agree and then I will deal with the things I did not agree with, as that is the polite thing to do. She is absolutely right about radicalisation in prisons. No Government have got this right. In a previous incarnation, I was the Minister responsible for prison education, would you believe? It is not an easy job, I can tell you, and I was never really satisfied that we got it right. I do not think the previous Government got it right either. This is not about party politics. We probably need to look at it afresh. I agree with her about that.

It is, in my view, a good thing, by and large, to keep people who do dreadful things in prison for longer, but the right hon. Lady is quite right that if we are keeping them in prison ever longer, and given the serious chance that they will be radicalised accordingly, there is a risk that they might do a degree in being radicalised, rather than just an A-level. I am inclined to her view that we need to look at that with even greater determination than in the past. With this Home Secretary and this Security Minister, we have the best chance ever of bringing fresh eyes to this. Proust, I think, said that there was no such thing as “new landscapes”, only “new eyes” to see them. Perhaps, in a Proustian fashion, they will look at the right hon. Lady’s suggestion.

The second thing I agree with the right hon. Lady about is the need to ensure that there is proper oversight of Prevent and that we measure its effect properly. When I was Minister, I revitalised the oversight board in the Home Office—I am sure that my successor has added even greater value than I could have hoped to add in that respect—and I was also determined to measure the effect of Prevent more routinely and more transparently.

None the less, I disagree with her about Prevent as a concept. The work of our Prevent co-ordinators, at the very frontline of radicalisation, is heroic. I met them time and again all over country. I went around the country to see the Channel operation and the Channel panels. The people who contribute to Channel and who co-ordinate and run Prevent are doing immensely good work in very difficult circumstances. I do not say that they always get it right—perhaps they do not—but I do say that without them the circumstances we face would be altogether worse. They are making a huge difference in towns and cities across the country day by day. I celebrate their achievements while never being uncritical, as in my comments on measurement and oversight.