Terrorism Prevention and Investigation Measures Bill

Debate between Tom Brake and Hazel Blears

Tuesday 29th November 2011 Commons Chamber

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

Let me make a few brief comments in relation to a couple of amendments. On amendment 10, subject to any security requirements, will the Minister confirm whether the requirement to report to a police station will not be so onerous in terms of the timing that it actually precludes someone subject to TPIMs being able to undertake employment or coursework? If we want them to integrate, we must allow that to happen, subject to the appropriate security requirements.

My other point is in relation to amendment 11. When I saw a reference to 28 days being changed to 42, I had concerns that we were re-running a completely different debate. I welcome the fact that the Minister and the Government have responded positively to the Metropolitan police’s request that for operational reasons a longer period is needed to enable the transition from control orders to TPIMs to happen.

I congratulate the Minister on not listening to the siren voices on the Opposition Benches who are tempting him to abandon TPIMs all together and to stick with control orders.

[Hazel Blears (Salford and Eccles) (Lab)]

Will the right hon. Gentleman give way?

[Tom Brake]

In one minute. It is regrettable that the paperwork that has been produced to support the contention that control orders should remain in place, or that the implementation of TPIMs should be delayed, relies on evidence from Mr Osborne. I am sure that the evidence was appropriate at the time but things have moved on. I do not know whether Mr Osborne is now actively engaged in the process of ensuring that the appropriate measures are in place. If he is, it might be worth asking him whether he feels that suitable preparations have been made. If he is not actively engaged, it might be that he is now somewhat removed from what is happening in practice.

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[Hazel Blears]

I am grateful to the right hon. Gentleman for giving way. I was desperately trying to sit on my hands. Does he not accept that people who are on control orders, and people in future who will be on TPIMs, are some of the most dangerous people in our country and they would not be on those orders if they did not pose a significant and substantial threat to the life, health and safety of our citizens?

[Tom Brake]

I am happy to confirm that clearly some of those people will be very dangerous, as the right hon. Lady says, but I must point out that some people subject to control orders have subsequently had them quashed. She is right that some—potentially all—of them will undoubtedly present a serious threat, but in practice some of them might not be quite as guilty as she believes.

Terrorism Prevention and Investigation Measures Bill

Debate between Tom Brake and Hazel Blears

Monday 5th September 2011 Commons Chamber

[Hazel Blears]

I acknowledge that the hon. Gentleman has asked that question but not received a response to it. I have the utmost respect for his experience in these matters. He is almost unique among us in having had experience on the ground of effective surveillance and the need to control terrorist suspects. In Committee, he thought very carefully about these issues, and he has already said tonight that he is concerned about the question of resources and that he might well consider supporting the Opposition’s amendment. I would welcome it enormously if, having thought carefully about the relocation question, he felt able to support us on that as well, given his practical experience and amazing depth of understanding of these issues.

I just want to say a word about why we have ended up in this ludicrous position. I say this with respect to the Minister. I respect him, and he does his job with incredible dedication and commitment, but in these circumstances he has ended up in a position that might well come back to haunt him. I think he knows that that position is untenable. Effectively, his decisions are flying in the face of the evidence of the police, of Lord Carlile and of a former Home Secretary, and they will leave him without the power to order relocation, should he need it.

This brings us back to the language that the Liberal Democrats have used time and again in the debate on these issues. They have talked about house arrest and internal exile. It is my belief that the counter-terrorism review, which the Minister has sought to rely on to justify all the steps that he has taken, is a political accommodation. Before the election, the Liberal Democrats—

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

rose—

[Hazel Blears]

I am going to make this point. Before the election, the Liberal Democrats said that they wanted to see the complete abolition of control orders because they were an insult to our civil liberties and to democratic society. They made that decision prior to coming into government and certainly without being privy to the available intelligence about these suspects. In fact, in his evidence, Lord Carlile said:

“I have a concern about the genesis of this Bill. It arose from coalition politics—I am aware of the process that occurred—and it is a compromise…it is the sufficient lowest common multiple, and it will do. However, it does not provide as much public protection as control orders, and it would be foolish to ignore that fact.”

He went on to say that

“my party made a serious mistake in committing itself to the abolition of control orders. It made that mistake understandably, however, because it did not have the information at the time.”––[Official Report, Terrorism Prevention and Investigation Measures Public Bill Committee, 21 June 2011; c. 21-22, Q 66-67.]

What we have seen is political rhetoric and a particular stance being taken by the Liberal Democrat part of the coalition, with the Conservative part finding itself in the unenviable position of trying to accommodate that situation. Because of the use of terms such as “house arrest” and “internal exile”, the relocation powers became the centre around which this accommodation has had to be drawn.

Let me say to the Minister that the deal that was done will lead us to bad legislation and it will come back to haunt us. I hope and pray that we do not have an incident in which somebody who has not been subjected to relocation is able to resume his contacts with his co-conspirators, to further a plot to attack this country and to execute that plot because there was no power to relocate that person to another part of the country. I hope and pray that that will never be the case. I would certainly not have made the decision to deny a Minister the right to make a relocation order in order to reach a political accommodation.

In my view—I hope it is shared across the House and I hope the Minister shares it—national security is far too important to be the subject, as Lord Carlile said, of “coalition politics”. This should be about a clear-headed analysis of risk and the steps that need to be taken that are proportionate to mitigate that risk. At the forefront of our minds and reflected in every step we take should be the protection of this country’s innocent people so that they can walk the streets in safety and security.

I do not believe that the decision to deny the power of relocation meets any of those tests. It is illogical. I can only believe that the Bill has no power of relocation because of a political accommodation designed to enable the Liberal Democrat part of the coalition to save face by saying that it had done some kind of deal. That is why the Liberal Democrats are so angry about the prospect of a relocation clause being in the enhanced TPIMs Bill, because that would mean that the principle of a relocation clause had been conceded. I would be interested to know, particularly from the right hon. Member for Carshalton and Wallington (Tom Brake), whether he will support the enhanced TPIMs Bill when it comes up for scrutiny. Perhaps he will tell us now.

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[Tom Brake]

I am happy to intervene; I had hoped that the right hon. Lady would give way earlier. As to the enhanced TPIMs Bill, what we have said is that we would need to consider the extraordinary circumstances that applied at the time. Certainly neither my hon. Friend the Member for Cambridge (Dr Huppert) nor I can envisage the extraordinary circumstances that would apply in which relocation powers would be acceptable. We will have to wait and see what scenario might develop.

[Hazel Blears]

That is a very interesting reply—that a Liberal Democrat cannot envisage the exceptional circumstances in which a relocation power might be necessary. I look forward to the scrutiny and to finding out whether there will be harmony between both parts of the coalition on this issue. I believe that the fault line that is emerging will go deeper and deeper, and I am sure that it will begin to crack as the debate goes forward.

My amendments are pretty straightforward. Ironically, the relocation power is available if there is police bail, but the amendments on police bail from the hon. Member for Cambridge (Dr Huppert) have not come forward. If police bail is granted, there is a relocation power. This is beyond the power of words to express. I cannot for the life of me see why a relocation power is acceptable if there is police bail, but not when we are dealing with a suspected terrorist, who might be one of the most dangerous people in the country. We can have a relocation power for someone involved in serious fraud or serious crime, but not for someone we suspect wants to harm hundreds of people through a terrorist act. Again, this defies logic. That is why I genuinely believe that this is the result of political accommodation not the result of a logical decision by Ministers.

Amendments 5 and 6 are consequential to the new clause, but amendment 7 is slightly different, and I should welcome the Minister’s response to it. It seeks to ensure that it will be possible to exclude a terrorist suspect from an area although his own residence, or a residence with which he has a connection, may be in that area. At present there is a contradiction in the Bill. It is not clear whether the entitlement of a terrorist suspect to live in his own property, or in a property in an area where he has a connection, will take precedence over the exclusion power, or whether the exclusion power will take precedence over his right to remain in his own home.

For example, if a terrorist suspect’s home were in east London, in the area of the Olympics, would he be allowed to live there, or could he be excluded? In Committee we were told that it would be possible to exclude people from the area of the Olympics—or, indeed, to exclude them from a whole borough of London, or even from the whole of Greater London. It seems to me that, as the Bill stands, if a terrorist suspect had a home in such a borough, or in London as a whole, the right of an individual to remain in his own home would take precedence over the exclusion power, and that strikes me as a gaping hole in the legislation. I must ask the Minister to think about that very carefully, and to consider supporting amendment 7 if he is certain that he wants the power to exclude people from areas of particular danger, which could include that around the Olympics.

[Tom Brake]

It gives me great pleasure to rise to oppose the amendments tabled by the right hon. Member for Salford and Eccles (Hazel Blears), and first of all to deal with her oft-repeated allegation that getting rid of relocation is a sweetener for the Liberal Democrats. She quoted Lord Carlile, and clearly that is his view, but I should be interested to know what evidence he has to support his contention. Equally, the right hon. Lady might want to offset his view against that of Lord Macdonald. I think it incumbent on her to produce more evidence to support her allegation that a stitch-up or deal has been done on behalf of the Liberal Democrats. She was, of course, a member of the Bill Committee and she will have heard a number of Conservative Members speak out against powers of relocation, so I think she will know that it is incorrect to suggest that only Liberal Democrats are advancing this argument.

The right hon. Lady says that she feels strongly about the issue. So do I. I wonder whether she has had a chance to talk to some of the people who have been subject to control orders that have subsequently been quashed because it was found that there was no genuine or strong evidence against them. I wonder whether she has heard from those people about the impact of relocation on them as individuals, and on their families. I think that if she wants to be fully informed about all aspects of the matter, she should hear from people who have subsequently been found to be innocent.

As the right hon. Lady may know, I have heard from a reliable source that of the people who are currently held under control orders, probably two or three present a real and serious threat to United Kingdom security. I acknowledge that—clearly—a limited number of people do represent a serious threat, and I think that that is why the Government have rightly announced that the package of measures to get rid of relocation will include additional surveillance resources to ensure that security and safety are maintained.

Terrorism Prevention and Investigation Measures Bill

Debate between Tom Brake and Hazel Blears

Tuesday 7th June 2011 Commons Chamber

[Tom Brake]

I hope to explain why I do not think we have caved in cheaply, as the hon. Gentleman stated. First, relocation has gone. I accept that on overnight curfews I would be much more comfortable with what Liberal Democrats have referred to previously as residency requirements. An address would be identified at which the person would be expected to reside. I hope that the fact that there is no specific definition of overnight curfews will lead to a more flexible approach; that there might be a spectrum according to which overnight curfews may be imposed, going from what most would regard as overnight—eight or 10 hours—through to something much closer to a residency requirement. If overnight curfew was specified precisely, the risk is simply that that is what would be adopted in all cases, so there would not be the ability to consider each individual case in detail. In addition, the exclusions are specific, not geographic as previously, and there is access to telephones, computers and the internet, a matter that was raised by families in relation to their children and their ability to use computers for schoolwork, and so on. Those are real changes that are included in the Bill.

Another area of concern that has been flagged up and to which the hon. Member for Islington North (Jeremy Corbyn) referred is the extent to which the person subject to TPIMs will know what they have been accused of. The Home Secretary said that the individual will know enough about the key elements of their case to enable them to act. That is worthy of further discussion and elucidation. I see the Minister nods and perhaps when he responds he will be able to say more about what this will mean in practice. Clearly, it is an ongoing issue for Liberal Democrats, the hon. Gentleman and others to ensure that people who are subject to control orders or will be subject to TPIMs know as much as possible about the allegations against them without revealing the confidential sources that could put at risk people in the field.

[Hazel Blears (Salford and Eccles) (Lab)]

Is the hon. Gentleman aware that there have been a number of legal decisions that now require the person subject to a control order to be informed of the substance of the case against them? It is not something new; that is the legal position.

[Tom Brake]

I am aware that there have been cases where that has been the outcome.

I am sure that the Minister will want to pick up that matter when he replies. I also hope that this will give him an opportunity to update us on intercept evidence. I understand the difficulties in balancing the operational requirements with the legal requirements and in balancing the scale of benefits with the associated costs, but I hope that he will update the House.

I referred to prosecutions in relation to surveillance evidence. It might be helpful to specify a time frame within which a prosecution must be brought. There may be some scope for moving on that in future debates.

I come now to a couple of subjects that I suspect will not necessarily boost my popularity in certain quarters, but having advocated the importance of voting rights for some prisoners my popularity might not be in the ascendant in any case. It is important to treat in a civilised way those who may wish to inflict death or injury on us in order to expose their barbaric nature. That is why we need clear safeguards for those who are extradited to the UK. If people have suffered torture abroad and are subsequently moved to the UK, on their arrival the UK Government have an important role in assessing any health or mental health implications that should be taken on board. There is also the ongoing issue with regard to the role of the control order review group, which the Government will ensure continues in operation under TPIMs, in reviewing the mental health of people subject to control orders and now to TPIMs. It has that role at present, but from the discussions that I have had with those who have been subject to control orders that have subsequently been quashed it does not seem to be working very effectively.

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[Hazel Blears]

But that is no reason to relax the powers. If there are fears that such activities could be happening now, I should be very concerned indeed and certainly would not want to go down the path of having less control over access to electronic equipment. I require further reassurance, as do the citizens of this country, that we are not going to give people access to mobile phones and computers so that they can maintain those relationships and networks that are the very reason they are subject to a control order or, indeed, will be subject to a TPIM. We require further reassurance on that issue.

I am very concerned about the inability to renew the TPIM after two years. In the case of AM in 2007, the control order lasted for more than two and a half years. When it came up for renewal Mr Justice Wilkie, confirming its renewal after two and a half years, said that AM was

“highly intelligent, calm, cautious beyond his years. He has replied and maintains this degree of calmness and self-confidence, which in my judgment is consistent with the view of the Security Service that he is a disciplined, trained and committed person whose commitment remains unimpaired, despite the length of the control order. He was and remains prepared to be a martyr in an attack designed to take many lives. He remains highly trained, security conscious and committed.”

I am therefore concerned that if there is a blanket prohibition, in any circumstances and without the addition of new evidence of involvement in terrorism such orders will come to an end. I require further assurance. If the reason for making the TPIM in the first place were of sufficient seriousness, I would be extremely concerned about our deciding simply to say that there is an arbitrary cut-off point, as the legislation does, irrespective of the threat that the person poses.

[Tom Brake]

What does the right hon. Lady think would be a reasonable period, if there had been no activity whatever, for a TPIM to apply to somebody?

[Hazel Blears]

These are matters for careful and balanced judgment, which is why we have constant judicial oversight, why we have to return to the courts to renew our orders and why we have a legal system in this country which is capable of making such judgments. If we are in the hands of a respected, experienced and knowledgeable High Court judge, who has heard submissions on the issues, I should feel slightly more content than if an order simply came to an arbitrary end as a result of legislation passed in this House.

Quilliam Foundation

Debate between Tom Brake and Hazel Blears

Tuesday 15th March 2011 Westminster Hall

[Hazel Blears]

I am grateful to my hon. Friend for that intervention. The debate this morning is an attempt to ensure that Quilliam does not slip through the net, and I know that Ministers in the Department are seized of the issues. We all recognise that these are difficult financial times and that difficult decisions have to be made across the Government, and I want to explore that a little with the Minister, perhaps with some specific questions later. We recognise that these are not easy times. The Home Office, which has taken a significant reduction in its expenditure, clearly needs to economise. My right hon. Friend the Member for Wythenshawe and Sale East has set out a specific proposition for £150,000 of transitional funding to enable Quilliam to pursue the other applications that it has made, which ought to get us to a reasonable position. I recognise that having an organisation solely dependent on public funds is not tenable in the long term.

[Tom Brake]

The right hon. Lady has been familiar with the organisation for several years. Is she aware of whether Quilliam was previously given an indication that it should go to other organisations to find funding? If it was but has not been successful in achieving self-sufficiency, the Government would have strong reservations about putting money in again.

[Hazel Blears]

This did not become a significant issue until we were facing the current financial circumstances which pertain across Government. I certainly was not aware of a major drive, which was unsuccessful, to press Quilliam to find funds in other sectors. Clearly, the situation now is that economies need to be made. Quilliam has been put into that pot, but I want to explore with the Minister what other organisations are funded and what cuts have been made—I shall come shortly to the Research Information and Communications Unit. We need a better, broader picture of the total resources available, and what decisions have been made about funding priorities. In a few weeks, we are expecting the Prevent review, which will give us more insight into what the balance of organisations ought to be. We absolutely need a balance.

This is not a partisan issue by any measure—it transcends party politics. It relates to the security and safety of our country, and nothing can be more important than that. My right hon. and hon. Friends and I are pursuing the matter to try to get a reasonable settlement.

As my right hon. Friend the Member for Wythenshawe and Sale East said, I was the Minister with responsibility for counter-terrorism at the time of the 7 July 2005 bombings. Even now, I can feel the sense of devastation and shock that there was across the nation when that happened. People were asking who committed the bombings, why they would want to do that to innocent men and women and their families, and what led them to be prepared to take their own life to fulfil what they presumably believed to be their mission and destiny. I do not think that any of us really understood—we still do not—the many and varied factors that lead people down such a path, that lead them even to contemplate taking such steps.

We are better informed than we were then. Several organisations that have been active in this field have helped the Government and policy makers to come to a better analysis of the factors that lead people to extremism, but we do not have all the answers. I entirely accept that, although some of the measures in the Prevent programme were successful, some were less successful, but what we were doing in that area was innovative and, in many ways, experimental.

I have spoken to people in the United States, France, Germany and countries across western Europe who say that this country has been at the forefront of trying to drill down to determine what the factors of extremism are, and how to build resilience among young people so that they can resist such messages. My sense is that those other countries are just beginning to take the first steps. Indeed, that was reaffirmed for my right hon. Friend and me when we went to the United States just last week. Many of the Congressmen and women and Senators acknowledged that they are very much at the beginning of thinking about a counter-radicalisation strategy, whereas this country is well ahead. This country’s position has been aided enormously by the different groups that we have funded to help us. They have had programmes and have been able to develop an evidence base about the best way to counter extremism, and the Quilliam Foundation has been at the heart of that process for the past three years at least.

As everyone knows, Quilliam was formed by Ed Husain and Maajid Nawaz, both of whom had been in the grip of extremists. They had been right at the heart of Hizb ut-Tahrir and knew what it felt like to travel down that path. Therefore, their voices and the voices of others at Quilliam who have been able to set out the emotional process that happens to people on that journey have been enormously powerful and valuable in working out strategies to counter extremism. They were certainly instrumental, when I was the Secretary of State for Communities and Local Government, in my decision to set up the Young Muslims Advisory Group and the Muslim Women’s Advisory Group.

It was the first time in this country that we had people at national level who were able to advise Ministers about what it felt like to be a young person in the community with strong feelings about foreign policy and contentious issues, and with the many pressures that face them at that time of their life. What could the Government do to try to help them to grow up with a sense of this country’s values but also, of course, their important personal identity and heritage? The Muslim Women’s Advisory Group was a fabulous opportunity to find out about women’s lives, and how women could influence the young men in their families to withstand the extremist narrative. We can celebrate the huge amount that we achieved, but, obviously, we have much more to do.

Going around the country after 7/7 with my right hon. Friend the Member for Wythenshawe and Sale East was probably one of the most testing experiences I personally have ever undergone. The sense of anger, bewilderment and shock in communities was palpable, but the message that came across to me time and again was that the overwhelming majority of people in the Muslim community totally rejected the violence that had taken place, and believed that killing innocent people was never justifiable. Unfortunately, the extremism that leads people to contemplate and sometimes adopt violence is with us now—there is no getting away from that—and is likely to be with us for many years to come. Life has changed, and we ought to recognise that the circumstances are very different. That is why it is so important that we have the capacity to tackle that ideology and the way in which people seek to groom others to take the path of violence.

I want to mention a report which I think is relevant to this debate. “Fear and HOPE”, which was published last week by the Searchlight Educational Trust, is about the new politics of identity. Many people who are susceptible to extremist narratives are struggling with their sense of identity: who am I, where do I fit in, where do I belong, what is my value set?

The report, which was based on 5,000 interviews of people across the country who were asked more than 90 questions, provides some fascinating results and evidence. What gives me optimism and hope is that there is widespread rejection of political violence. It is interesting that the vast majority of people who were questioned considered white anti-Muslim extremists to be as bad as Islamist extremists. That tells me that a core part of our communities and population are basically saying, “A plague on both your houses. We want no part of extremism, whether far-right extremism, Islamist extremism or anti-Semitism—we reject all that.”

It gives me great hope for the future that if we can build, sustain and make that heart of our community strong, it will empower and give confidence to young people to say, “I reject the extremist narrative. I reject such ideologies and share the broad values of this country.” That prize is so precious and valuable that the investment of £150,000 to enable Quilliam to move to other sources of funding over the next few months is a small price to pay, considering the scale of the challenge that we face. I absolutely agree with the hon. Member for Carshalton and Wallington that we need a broad range of organisations to help with the agenda at every part of the spectrum. It is without doubt that Quilliam has been prepared to be at one end of that spectrum, to speak out, not to be intimidated, and to state the case for pluralism, inclusion and British values of democracy, tolerance, free speech, and particularly the rights of women. It has been extremely effective in doing that.

Obviously, we must support other organisations, and I will come to that, but it is only three years since Quilliam was established, and to have gained its reputation in the world within that period marks it out as a special organisation that has helped us to build that evidence base. Its report on radicalisation on campuses was extremely good and contained a series of recommendations. We know that there is a problem on some of our university campuses, and the report’s practical recommendations could help us significantly. It produced a report on the use of the internet to promote Jihad. We are now seeing preachers such as al-Maliki on the internet urging people to take matters into their own hands without having a group around them, and to carry out individual acts of terrorism. That report on the use of the internet was a good piece of work. The role of television in influencing young minds is crucial.

Quilliam has produced excellent reports, and done project work—for example, its work in Pakistan, as my right hon. Friend the Member for Wythenshawe and Sale East mentioned, which was funded by the Foreign Office, with road shows prepared in challenging and sometimes intimidating circumstances to make the case fearlessly. It has a tremendous record. It is seeking other sources of funding. It recognises that the current situation cannot continue ad infinitum, but it must be given the chance to do that work.

I have some questions for the Minister, and if he cannot answer them during the debate, I would appreciate it if he got back to me later. The Research Information and Communications Unit was established in the Office of Security and Counter-terrorism in the Home Office three or four years ago. My recollection is that that was a fairly well resourced unit. It received contributions from the Department for Communities and Local Government, the Home Office, and the Foreign and Commonwealth Office, and it brought together a series of people with the skills to develop a counter-narrative, to publish documents, and to do research and much of the work that Quilliam has been doing.