Counter-Terrorism and Sentencing Bill

Stephen Farry Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 9th June 2020 Commons Chamber

[Robert Buckland]

I know the hon. Gentleman’s community very well through my work in the criminal justice system. It sounds as if his community has particular criminal justice problems—that would be an insult, as it is a diverse and lively community that I know very well indeed. From that knowledge, I know that he represents a wide and wonderfully diverse range of cultures and views in the great city of Cardiff. He can be reassured that online work is as important as any offline interaction. I am impressed by the constant attention to renewal when it comes to the training of probation officers, and there is an acknowledgement that the threat is constantly evolving. The sad reality of the tender ages of some of these perpetrators is something we had to acknowledge in the Bill, hence the measures we are taking.

I was talking about the statutory review of Prevent. As we know, there was a deadline in statute for the completion of that review. We are having to change that, which is unfortunate and not something we wanted. We know there was a difficulty with the process, and Lord Carlile had to step down. We are engaging in a full and open competition to appoint the next independent reviewer, which is what the House would want; it has to be open and independent. We want to give the new reviewer the time necessary to carry out the review, so the statutory deadline will be removed. That does not in any way diminish my commitment, or that of the Home Secretary, to the success of the review, or our determination for it to be done properly and at speed. Our aim is for the review to conclude, with the Government response, by August next year.

In response to an intervention from the hon. Member for Strangford (Jim Shannon) I made the point that, perhaps unusually for a criminal justice Bill, this Bill has UK-wide application, because of the devolution settlement and the question of reserved matters when it comes to counter-terrorism. We have committed to ensuring that the seriousness of terrorist offending is treated equally across the three jurisdictions of the UK, and that we are able to protect all our citizens. We owe it to the people of Northern Ireland, of Scotland, and of England and Wales, not to discriminate in any way or to create false and unhelpful distinctions between all corners of our kingdom. To that end, the provisions will apply equally to the three jurisdictions. That includes applying the measures that we took in the Terrorist Offenders (Restriction of Early Release) Act 2020, in full, to Northern Ireland.

[Stephen Farry (North Down) (Alliance)]

Does the Lord Chancellor recognise that, despite supporting the Bill overall, the Minister for Justice in Northern Ireland has expressed some concerns about the extension of those provisions to Northern Ireland, and raised some potential inadvertent and unintended consequences that would be undesirable?

[Robert Buckland]

The hon. Gentleman was good enough to write to me and I can reassure him that I have spoken directly in an official capacity on several occasions to the Justice Minister, who was of course a distinguished Member of this House in the 2010 Parliament. I know she is a dedicated public servant who is reviving the Department of Justice in Northern Ireland in an important way. I have of course discussed these matters carefully with her and considered them. She makes some important points about the sensitivity of polygraph testing, which I well understand, and the regime for youth offenders, which is a particular passion of hers.

The hon. Member for North Down (Stephen Farry) will know that when I considered retrospective application to Northern Ireland in February, I was careful not to rush into doing that in an emergency Bill. That was because I respected the devolution settlement and some of the differences in our approaches in various parts of the kingdom. I assure him that, having reflected, taken the appropriate steps and considered the matter in the round, I now believe that the provisions of article 7 of the European convention on human rights will not be affected by the measures I wish to take. It is important that we ensure that there is equal treatment of all types of terrorist offender throughout the kingdom.

Earlier, I made the point that I do not want the legislation to be discriminatory. That underlies my approach and I therefore intend to move ahead. Of course, it is a matter for the Administration in Stormont, but I very much hope that they will grant legislative consent. That is what I am seeking and that applies to the Scottish Government as well. My discussions with the Justice Minister in Northern Ireland and the Justice Secretary in Scotland, with whom I have a good professional relationship, will continue so that, with the consent of both legislatures, we can press forward with what I hope will be UK-wide legislation. I am grateful to the hon. Gentleman for his intervention.

We know all too well the consequences that face us when terrorists are given sentences that are just not long enough, when they are released too early or when the arrangements to supervise them in the community are not robust enough. It is abundantly clear that the law failed the victims of Fishmongers’ Hall and Streatham. I believe that the comprehensive set of measures in the Bill helps to put that right. By strengthening our hand at each stage of the process of dealing with terrorist offenders, it represents our determination to do everything in our power to ensure that the public are protected.

--- Later in debate ---

[Stephen Farry (North Down) (Alliance)]

It is a pleasure to follow the hon. Member for Keighley (Robbie Moore). I am generally supportive of this Bill and I recognise that we need to strengthen the UK’s approach to combating terrorism and keeping communities safe. It is also important to recognise that increased sentencing powers are only one part of a wider strategy to tackle terrorism. We also need to address terrorism at source and prevent people from entering that path.

There are many attractions to taking a uniform approach across the UK and avoiding any two-tier system. However, it is important none the less to recognise that there are different dynamics in the nature of the terrorist threat in different parts of the UK, and that a one-size-fits-all approach may not always be appropriate.

In that regard, I want to focus on clause 30 and explore some of the potential unintended consequences of the extension of the provisions of the Terrorist Offenders (Restriction of Early Release) Act 2020 relating to the removal of the automatic right to early release for terrorist-related offenders who are currently serving either determinate or extended custodial sentences in prison in Northern Ireland. As Members have said, there may well be a legal challenge—or, indeed, multiple legal challenges—to that provision on the ground of compatibility with the European convention on human rights, and particularly with article 7. Some Members—and, indeed, the Government—say that that risk has now been reduced or eliminated, but there are others who dispute that analysis. Time will tell. Any successful legal challenge in Northern Ireland could have wider repercussions for the rest of the UK, and it is important to bear that in mind. This approach also erodes the principle of judicial discretion to set appropriate custodial and licence periods.

Secondly, and perhaps even more significantly, there is a danger that these measures could inadvertently lead to unintended consequences and be counterproductive. The provision of longer, tougher sentences at the time of conviction is one thing, and I would certainly support it. However, the application of retrospective measures to what is currently a very small cohort of prisoners in Northern Ireland runs the risk of providing a propaganda opportunity for dissident republican terrorists to argue that the goalposts have moved and that terrorist prisoners have somehow, in their minds, become political prisoners and a propaganda tool.

Over the past 50 years in Northern Ireland, prisoners have, sadly, been used by terrorist organisations and their supporters for propaganda, radicalisation and recruitment in parts of the community, and this has led to greater violence being practised on wider society. For example, Members will be familiar with how the introduction of internment without trial in early 1970s and the hunger strikes in the early 1980s were manipulated to great ends, bringing even greater disruption to our society. At present, both the Police Service of Northern Ireland—my emphasis on “Northern Ireland” is deliberate, and will be understood by many people back home at present—

[Gavin Robinson]

Thank you.

[Stephen Farry]

You’re welcome.

The Police Service of Northern Ireland and the Security Service are doing an excellent job in combating the terrorist threat, and I want to pay tribute to them in that regard. Nevertheless, the terrorist threat in Northern Ireland remains severe and there is a need for constant vigilance. The threat of violence should never be used to determine policy, but it is nevertheless sensible to reflect on the potential consequences relative to the benefits. In addition, retrospectively implementing the proposed changes for individuals who are currently serving determinate custodial sentences has the potential to undermine the current public protection measures in Northern Ireland, rather than enhance them. That applies in particular to post-release monitoring. This could have the unintended consequence in Northern Ireland of terrorist offenders being released without any requirement to be on licence, which would be dangerous to the wider community.

Points have been made by others about the implications for young people and about the question marks around mandatory polygraphs. I am not going to repeat those points; suffice it to say that I concur with them.

My final point would be to encourage both the Secretary of State and the Minister to continue to engage in dialogue with my party colleague, the Minister for Justice in Northern Ireland. I know that they have had correspondence and discussions to date, as the Secretary of State has acknowledged. There are genuine concerns about how this could play out in practice in Northern Ireland, and while we all fully respect the need to be tougher in how we deal with terrorists, it is important that the approach we take is ultimately effective and that the particular circumstances of Northern Ireland are taken into account as the Bill proceeds through this House and the other place.