Baroness May of Maidenhead
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Counter-terrorism and Security Bill
Baroness May of Maidenhead Excerpts(9 years, 10 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
I beg to move, that this House agrees with Lords amendment 1.
Mr Deputy Speaker
With this it will be convenient to take Lords amendments 2 to 39.
Mrs May
On the day the Counter-Terrorism and Security Bill was last considered by this House, news of the appalling events in Paris and the brutal murders at the office of Charlie Hebdo were still unfolding. What followed was a two-day manhunt for those responsible, a horrific attack on a Jewish supermarket and further murders of innocent people. Those attacks were yet another reminder of the very grave threat we face from terrorism, a threat that we have discussed in this House on many occasions. I am certain that everyone in this House is committed to ensuring that the police, MI5 and others have the powers and capabilities they need to keep the public safe. That is why we brought forward the Bill and sought its swift progress through Parliament.
Since the Bill was sent to another place, it has been the subject of robust scrutiny. A number of substantial amendments have been made to ensure that these new powers will deliver the optimum capability for our agencies, and to reassure the public that they will be used appropriately and proportionately. They were all Government amendments, which were broadly welcomed by their lordships, and I hope and expect that they will find similar favour in this House. I will now turn to the amendments themselves.
Two amendments were tabled by the Government to part 1 chapter 1 of the Bill, which concerns the temporary seizure of travel documents from individuals reasonably suspected of wishing to travel overseas to engage in terrorism-related activity. Amendments 1 and 2 make provision for civil legal aid to be made available where appropriate at the hearings of applications in England, Wales and Northern Ireland to extend the 14-day time period in which an individual’s travel documents may be retained. This is an issue in which the Joint Committee on Human Rights took considerable interest. Legal aid is already available for judicial review proceedings in England and Wales, and in Northern Ireland, subject to individuals’ meeting the statutory means and merits tests.
Turning to temporary exclusion, as I have made clear to this House at earlier stages, the Government are absolutely committed to the appropriate and proportionate use of this power. As my hon. Friend the Minister for Security and Immigration indicated on Report, we carefully considered the constructive suggestions from David Anderson, the independent reviewer of terrorism legislation, on the matter of judicial oversight, and following that consideration, we tabled amendments to introduce oversight of the power in line with his recommendations. Specifically, the amendments propose the creation of a permission stage, before the imposition of a temporary exclusion order, and a statutory judicial review mechanism to consider the imposition of the order and any specific in-country requirements.
Pete Wishart (Perth and North Perthshire) (SNP)
I thank the Secretary of State for giving way so early, but is not consideration of these issues the job of elected Members—those who bothered to go to the electorate—not that affront to democracy down the corridor whose Members have taken it upon themselves to form Government business?
Mrs May
The very reason we are debating the amendments is that the House has an opportunity to consider them, so the hon. Gentleman’s argument is completely false.
During the permission stage, the court would have the power to refuse permission for the order where prior permission was being sought, and in retrospective review cases, it would have the power to quash the order. During the statutory judicial review, the court would have the power not only to consider in detail and quash the specific in-country requirements placed on an individual, but to consider whether the relevant conditions for imposing the temporary exclusion order were and continued to be met. It could quash the whole order or direct that the Secretary of State revoke it. The amendments will ensure effective judicial scrutiny of the power, and I trust they provide sufficient reassurance to the House on this important issue.
Mr Dominic Grieve (Beaconsfield) (Con)
That does provide me with the reassurance I sought at an earlier stage, and I am grateful to my right hon. Friend for having listened carefully to the representations made here and in another place. They are most welcome and I believe will add considerably to the Bill’s legitimacy.
Richard Fuller (Bedford) (Con)
Alas, I am not quite at the same stage of happy reassurance as my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve). Will my right hon. Friend reassure me that the additional judicial step will not mean that, in the time we understand it will take for a return to be made, people can get back into the country while legal proceedings are ongoing? The purpose was to say to those with a family member subject to terrorist infiltration that if they went abroad it would be a one-way ticket. My concern is that this additional legal step might stop that in some cases.
Mrs May
As my hon. Friend will recall, we have retained the initial decision by the Secretary of State, but, as with the legal process for terrorism prevention and investigation measures, it would then be for the court to consider whether it was right for the Secretary of State to have taken that decision. That process would be followed and then the order would be served, so I do not think that the timing issue, which he is concerned about, would arise.
Jeremy Corbyn (Islington North) (Lab)
If the person against whom the order is sought is outside UK jurisdiction, how would they appeal and what recompense would there be if the appeal is successful and the conviction quashed?
Mrs May
The whole point is that such people will be outside the country. The aim of a temporary exclusion order is to ensure that when they return to the UK, they do so on our terms, which is why their passport would not be available to them and they would have to be issued with temporary travel documents. As I indicated to my hon. Friend the Member for Bedford (Richard Fuller), the process of judicial oversight would have to be followed before the order is placed on the individual. As I said, these are important additions to the Bill reflecting the concerns expressed by right hon. and hon. Members at an earlier stage.
I now come to amendments 10 and 11, the aviation, shipping and rail security amendments, which provide for direct parliamentary scrutiny of an authority-to-carry or no-fly scheme made or revised by the Secretary of State. Any such scheme would be subject to the affirmative procedure. These amendments act on a recommendation made by the Delegated Powers and Regulatory Reform Committee.
Amendments 28 and 29 bring the aviation security powers in the relevant schedule into force on Royal Assent rather than at a later date by order. This includes strengthened powers to request information from the aviation industry and issue security directions, with a penalty regime to enforce them. The threat to aviation from terrorist groups is well documented and continues to evolve. We already work closely with foreign Governments and airlines, as well as UK operators, to make sure that the necessary security measures are in place and are being implemented effectively. These measures will enhance our ability to do so. I therefore hope the House will agree that it is right for these strengthened powers to be available at the earliest opportunity.
There was an extensive debate in the other place on the Prevent duty set out in chapter 1 of part 5. Most notably, debate took place on the potential impact on freedom of speech and academic freedom in universities. The Government listened to those concerns, and amendment 16 ensures that further and higher education institutions must, when carrying out the Prevent duty, have particular regard to the duty contained in section 43(1) of Education (No. 2) Act 1986 to secure freedom of speech.
Mr David Heath (Somerton and Frome) (LD)
I hope to say a few words on this subject later if I get the opportunity to do so, but will the Home Secretary tell me whether subsection (3) of the new clause proposed by amendment 16, which applies the duty to ensure freedom of speech and academic freedom to the Secretary of State herself in drawing up the guidance, will have a material effect on the draft guidance she has already issued?
Mrs May
As my hon. Friend knows, the draft guidance has been subject to consultation. We received a significant number of responses to the draft guidance, and we are going through those responses in order to make changes as appropriate. The point of building this directly into the Bill is that it makes it very clear to those exercising this duty that we are introducing for universities under Prevent that they must have “particular regard”, as it says, to the issues of freedom of speech and academic freedom. This makes it absolutely clear that the Prevent duty is not overriding, to put it that way, the academic freedom that we all accept our universities should have.
Robert Neill (Bromley and Chislehurst) (Con)
Can the Home Secretary assure me that when she considers the responses to the consultation, the final document will be so cast that it does not, albeit inadvertently, impede the work of genuine, benign and well-intentioned student bodies such as Christian unions and other groups that are active within our universities?
Nicola Blackwood (Oxford West and Abingdon) (Con)
The Home Secretary is generous in giving way on this point. I am sure she can understand the concerns raised locally with me, a university MP, and I welcome the renewed emphasis on freedom of speech and on the stronger scrutiny for Parliament in amendment 16. Can she assure me that the guidance will be sufficiently clear for universities to have no uncertainty about their responsibilities under the new legislation?
Mrs May
I thank my hon. Friend for giving me an opportunity to make it absolutely clear that we intend the guidance to be clear. We have produced the guidance for consultation; as I said, we are considering the responses to it; and we are looking at areas where we need to clarify the guidance. It is important for universities, notwithstanding academic freedom and the need to secure freedom of speech, also to recognise the duty of care they have to students. That is why I believe it absolutely right for universities to be within this legislation and within the Prevent duty that is being put into statute. We will, of course, make the guidance clear, so that universities can operate appropriately.
Mark Field (Cities of London and Westminster) (Con)
I very much agree with my right hon. Friend’s view on the issue of freedom of speech. Vice-chancellors and others who are in control of our universities are worried about their ongoing duties, so can we ensure that the guidance will not fall into place and further duties will not be placed on our universities until such time as the clarity of the guidance is manifest, even if that means waiting for a further academic year?
Mrs May
There is a reason why we are putting the Prevent duty on a statutory basis, and there is a reason why the Bill has gone through Parliament slightly more quickly than would normally be the case. We have made it clear that we have issued guidance for consultation, and that we will respond to the consultation and revise the guidance. We have also made it clear, in the amendments, the particular regard that universities must have to freedom of speech and academic freedom. However, as I have said, I think that universities must also recognise their duty of care to students. I hope that, if students are being radicalised on their campuses, universities will get to know about it and take some action.
Mrs May
I have been very generous in giving way, and I should now like to make a little more progress. Let me simply say to my hon. Friend the Member for Cities of London and Westminster (Mark Field) that the duty is that which is in the legislation, and that the guidance will be revised in accordance with our response to the consultation. The Secretary of State will also be required to have particular regard to freedom of speech and academic freedom when issuing guidance, or when giving a direction to an educational body that has failed to discharge the duty.
Lords amendment 17 allows the Secretary of State to nominate suitable monitoring authorities for further and higher education institutions, and obliges relevant bodies to provide them with such information as they require, including information about the steps being taken to improve performance. We fully expect institutions to co-operate with the authorities, but there may be rare cases in which institutions do not co-operate. Lords amendment 18 provides for the Secretary of State to give directions to relevant further and higher education bodies when they have failed to supply information, and the Secretary of State can, if necessary, seek a mandatory order from the court to enforce any such directions. Lords amendments 14 and 15 provide that the guidance underpinning the duty will be subject to the affirmative procedure, which will ensure further scrutiny of it before it takes effect.
There are a number of more minor amendments to this part of the Bill and the corresponding schedules. Lords amendments 12 and 13 would ensure that, if further bodies are made subject to the Prevent duty in the future, there will be greater flexibility to make it possible to focus on particular functions of the authorities, while Lords amendment 19 makes it clear that functions exercised outside Great Britain are not subject to the duty. Lords amendments 34 to 39 tidy up entries in the schedules listing the Prevent specified authorities and the Channel panel partners. Lords amendments 26 and 30 allow the Government to amend those schedules by order at any time after Royal Assent, subject to Parliament’s approval of the changes.
The amendments to part 7 relate to the remit of the independent reviewer of terrorism legislation and his relationship with the proposed privacy and civil liberties board. They reflect the extensive debate that has taken place in both Houses, and the views that have been expressed by David Anderson QC. Lords amendments 21, 22, 25 and 27 make changes to the statutory remit of the independent reviewer to include areas of counter-terrorism legislation that are currently not subject to independent oversight. They also allow for a greater degree of flexibility in the reporting arrangements relating to the Acts that are within his purview. Lords amendments 23 and 24 make it clear that the independent reviewer will chair the privacy and civil liberties board, which in turn will operate under his direction and control.
Dr Matthew Offord (Hendon) (Con)
I have received several e-mails from constituents who are worried about the speed with which the Bill will be implemented. The Home Secretary has allayed some of my fears, which will enable me to support the Bill, but will she tell us more about the policy and civil liberties board, and about when it will come into effect?
Mrs May
I will say a little more about the board later in my speech, but I can tell my hon. Friend that, as certain matters will have to be dealt with, it will not come into effect in the immediate future. As for the amount of time that has been given to the Bill, it has indeed had a faster track through Parliament than a normal Bill, with the agreement of the Opposition. There has, however, been considerable debate both in the House of Commons—and the Committee stage was taken on the Floor of the House—and in another place. Yesterday, during the final debate in another place, a number of their lordships expressed their gratitude for the amount of time that had been made available and the amount of scrutiny that had taken place. So I think there has been sufficient scrutiny.
Julian Smith (Skipton and Ripon) (Con)
On the point of people’s concerns about privacy, we now have a Select Committee, which has done a detailed report on Lee Rigby and has shown it is scrutinising Parliament and the intelligence services, and we now have the civil liberties board. We have tremendous oversight in this country, and is it not now time that we say we have got good control of our intelligence services and we need to let them get on and do the job?
Mrs May
My hon. Friend makes an important point. Our country has one of the strictest legal structures for dealing with these kinds of matters. We also have significant oversight through the role of the various commissioners and the independent reviewer of terrorism legislation and through the enhanced capabilities of Parliament’s Intelligence and Security Committee, which has, through its Woolwich report, shown how it can use those powers to scrutinise in detail what has taken place and report to the public. Our intelligence agencies do a very good job for us every day of the week, and we need to ensure they can carry on doing that job with appropriate oversight, which I think we have in place.
On the privacy and civil liberties board, as I said in response to my hon. Friend the Member for Hendon (Dr Offord), there is further work to be done because we have to consider the responses to the recent consultation on it before bringing forward regulations to establish the board, but I trust the amendments we have made will reassure the House about the Government’s approach to these important issues.
The range and significant nature of these amendments demonstrates the approach that the Government have taken on this Bill. With the support of the official Opposition, we have agreed a timetable to ensure that it will be enacted at the earliest opportunity, but we have also ensured that our proposals have been subjected to robust analysis, and we have listened to the full range of views from all sides of both Houses. The Bill has certainly benefited from that scrutiny.
I welcome the fact that these measures have broad cross-party support, and I am grateful to all hon. Members, and particularly the Opposition Front Bench, for the constructive approach that they have taken throughout our consideration of this Bill.
As I have made clear previously, we are in the middle of a generational struggle against a deadly terrorist ideology. The first duty of Government is to keep the people of Britain safe and this Bill will help us to do so. The amendments made in the Lords will improve the provisions, and strike the right balance between our rights to privacy and security. I invite the House to agree them, so that we can enact this legislation without any further delay.
Mr David Hanson (Delyn) (Lab)
We, too, welcome the Lords amendments. The Home Secretary was right to commence her remarks by reminding the House of the events in Paris and the ever-present threat of terrorist activity on these shores. It is for that reason that we took a constructive approach to the Bill; we believe there is a threat, and it needs to be effectively managed, and we in Her Majesty’s Opposition give the Home Secretary the support she needs for the work of the police, MI5 and others, which she has sought to give extra powers to in this Bill.
We are also keen to respond to the positive comments made last year by David Anderson, the reviewer of terrorism of legislation. We are grateful that the Home Secretary has listened to the comments made by Mr Anderson, and indeed by the other place.
The Bill was introduced into this House at the end of November. There was no pre-legislative scrutiny or public consultation on most of its provisions and it finished its Commons stages on 7 January. I understand why the Home Secretary has moved quickly on these matters, but the fact that 39 amendments were made in another place and have come to this Chamber shows that some serious issues have had to be reflected on during the passage of the Bill.
We welcome the thrust of the amendments made by the Government, because they are a series of concessions to points made not only in another place—I take the point made by the hon. Member for Perth and North Perthshire (Pete Wishart) about that—but in this House.
Mrs May
Perhaps I can give my hon. Friend a little further reassurance. My noble Friend Lord Bates made it clear in the other place that we would be amending the guidance, and I have made that clear, too. This issue of speakers providing two weeks’ notice of what they are going to say is precisely something that we will clarify as not necessary.