Prevention and Suppression of Terrorism

Tom Brake Excerpts

Wednesday 2nd March 2011 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

It is a pleasure to follow the hon. Member for Islington North (Jeremy Corbyn), who has consistently held his views on this issue over many years. I have a lot of sympathy with what he has said. It is also a pleasure to follow the hon. Member for Newark (Patrick Mercer), for whose views I also have much sympathy.

I want to comment on a point made by the hon. Member for Bradford South (Mr Sutcliffe). I know he is an honourable man, but he made an unfortunate comment which I suspect was down to an over-enthusiastic, wet-behind-the-ears political novice who is working in his office at present, who got a quote from the Labour agents’ handbook suggesting that the coalition Government’s proposal is some kind of political stitch-up for the benefit of the Deputy Prime Minister. That was an unfortunate comment, and it demeans the hon. Gentleman, because it has no credibility whatever. To suggest that the coalition Government would put the country’s security at risk is extremely regrettable, and I wish he had not made that remark.

I would prefer it if this debate did not have to take place, but I realise that we cannot allow control orders to lapse without anything in their place. I therefore welcome the fact that this is a temporary renewal, and that, as the Minister said, this will be the last occasion of its kind. We have a very clear milestone—31 December this year—by which the alternative arrangements need to be in place.

[Mr Cash]

Does the hon. Gentleman agree that in order to have effective and just alternative arrangements, they must be pivoted on habeas corpus, fair trial and due process, and any substitute within the framework of human rights legislation would simply not be workable?

[Tom Brake]

I thank the hon. Gentleman for that intervention, which he has made a number of times over the past couple of days. I certainly agree with him that any process must be heavily based on a judicial process; indeed, that is central to this debate.

It also gives me some reassurance that, where the coalition was able to take immediate action, such as on the 14-day provision, such action was indeed taken. Since this debate last took place, I have met—a couple of months ago—someone who was the subject of a control order that had been quashed. That happened because, eventually, some of the evidence held against this controlee had to be released. One of the apparently most convincing pieces of evidence held against him was that, when he was on the top deck of a bus with his son, he had stood up and turned in such a way that the camera could not see him, and therefore he had clearly been given counter-surveillance training.

That person set out precisely what his experience had been. He was at home when, all of a sudden, a large number of police officers came through the door. He was told, “We are now going to relocate you. No, you can’t call a lawyer. We are going to relocate you to a part of the country you’ve not been to before. That doesn’t matter—that is where you are going.” He was then subject to conditions which meant that going out to work was not a possibility—doing that is not possible for someone who has to be back in their residence perhaps three hours after leaving it. If they live in a place that is already some distance from the town where they work, no sooner have they got there than they have to come back. They can therefore forget working, going to university and so on.

That experience led that person to have a breakdown and to abscond, because he could not take the pressure of the control order he was subjected to. As I said, it was eventually quashed, because when some of the evidence against him was produced, it was considered not terribly convincing.

There was one very regrettable aspect of the review process. The hon. Member for Islington North rightly talked about the other organisations that should be consulted as part of this process. It is very clear that one group of people who were not consulted as part of the process was controlees who subsequently had their control orders quashed. In order to get an appreciation of the effectiveness of this measure, what alternatives could be put in place and whether, psychologically speaking, this is a good way to move people away from terrorism—if that is what they are inclined to pursue—it would have been sensible as part of the review process to sit down and listen to some of these people’s stories. However, that has not happened. That omission needs to be addressed in any ongoing process of examining the new legislation, and I hope it will be.

Whatever the alternative measure is, it clearly has to be a qualitative improvement from a civil liberties perspective—and, indeed, from a security perspective—on what was there before. It has to put the onus on prosecution rather than containment. All too often, as is acknowledged, one of the purposes of control orders is to contain people for long enough for them to lose track of the people whom they had had contact with in the context of terrorist activity, so in many respects it is simply a containment process. People are kept for as long as it takes for them to lose track or lose interest—or, indeed, grow up—and therefore not pursue that line of action. Therefore, the focus was not on trying to prosecute people and that was a mistake. I hope that the proposed terrorism prevention and investigation measures—TPIMs—will ensure that prosecution is very much at the heart of what happens. Lord MacDonald has set out clearly how that process could work and how a limited process of a couple of years could be allowed for such a prosecution to take place, and the Government will need to examine that very carefully.

As has been mentioned, further clarification is needed on curfews. As we know, a curfew does not stop someone doing what they want to do—that is also the view of Lord MacDonald. To replace a curfew with a shorter curfew is not the right course of action. A curfew, be it for 12 or 10 hours, is still a curfew and we need to examine the alternatives. For example, we might need to consider carefully a system where someone nominates a place of residence where they will be and has to give advance notice if they are going to be somewhere else on a particular day or week. We must not simply replace a curfew with a shorter curfew.

As I have stated, the judicial process has to be at the heart of the arrangement. Liberty has produced a useful crib sheet listing what applied under control orders and what will apply under TPIMs. I suspect that Liberty welcomes half the changes, although perhaps feels that more clarification is needed on a quarter of them. For example, control orders are renewed annually, but we need to know whether there will be a renewal process for TPIMs, as opposed to a permanent arrangement. As we have heard, there are question marks over the future of special advocates—perhaps that process could be changed—and, as I have said, we also need more clarification about exactly what is proposed on curfews. On some areas, particularly the judicial nature of the process, Liberty has severe reservations, as do I. I will certainly welcome anything that we can do to move this process into a court-based environment, rather than an Executive one, as will other Members who have spoken in this debate.

Clearly this is a crucial piece of legislation. There is a no alternative for us tonight; we cannot do anything but renew it, and that is entirely the right course of action. We have until the end of the year to flesh out what the alternative will be and to address some of these fundamental civil liberties considerations that require further clarification. I hope that we will see some substantial improvements from a civil liberties perspective, if not tonight, certainly as the draft legislation is developed, so that we can get rid of control orders and replace them with something with which I and others who are concerned about civil liberties will feel comfortable.