British Jihadis (Iraq and Syria)

Victoria Atkins Excerpts

Wednesday 31st January 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

First, I congratulate the hon. Member for Barrow and Furness (John Woodcock) on securing this debate and on raising an important issue on which he has done much work. I know that my right hon. Friend the Minister for Security and Economic Crime, on whose behalf I am speaking tonight, very much values his contribution. May I also thank all colleagues who have contributed this evening, including my hon. and gallant Friend the Member for Isle of Wight (Mr Seely)?

The safety and security of our country, our people and our communities remains the Government’s No. 1 priority. Regretfully, our country and, indeed, this House have seen the tragic impact of terrorists who seek to use violence to undermine and destroy our society’s commitment to liberal values. Of course, their cowardly actions serve only to strengthen our resolve and our determination to protect the United Kingdom and to disrupt those who engage in terrorism.

Central to that work to protect the public is our management of the threat posed by British-linked individuals who aspire to travel, and who have successfully travelled, to Syria and Iraq to fight for Daesh. The Government have also planned and prepared for the risk posed by those who return.

We have been clear over the past few years that people should not travel to Syria and parts of Iraq. The horrific nature of Daesh’s brutal regime is well documented and there is no doubt that anyone who, for whatever reason, has travelled to those areas against UK Government advice is putting themselves not only in considerable danger, but under justifiable suspicion.

As we have stated previously in the House, we know that more than 850 UK-linked individuals of national security concern travelled to engage with the Syrian conflict. We estimate that over 15% of those who travelled have been killed in fighting in the region and just under half have returned to the UK. A significant proportion of those individuals who have already returned are assessed as no longer being of national security concern. The Government have been clear throughout the conflict that any British national who has travelled to Syria or Iraq and chosen to fight for Daesh has made themselves a legitimate target while in the conflict zone.

[Alex Chalk]

As a distinguished barrister, my hon. Friend will know, however, that the difficulty for prosecuting authorities is establishing what those individuals were doing in those foreign fields. Given that we apply the rule of law and believe in justice, that inevitably means that, all too often, under the current system people who were probably doing something will get away with it.

[Victoria Atkins]

I am extremely grateful to my hon. Friend for his intervention. He brings his legal learning, knowledge and experience to the House, to great effect. He is right and has hit the nub of the problem, namely the tension that this democratic, liberal country faces when dealing with people who have gone overseas and to whom we require, rightly, the rule of law to apply as it does to any other citizen. The difficulty posed by that, of course, is the gathering of evidence to prove the case to the required standards.

[Anneliese Dodds]

I am grateful to the Minister for allowing me to intervene. Does she accept that another part of the problem is that the British Government in some situations do not appear to be willing to do what many other countries have done, which is to repatriate those who are, for example, in Kurdish-run jails in Kurdish-run areas of Syria and require those people to stand trial? That is creating a Kafkaesque situation for some British citizens who have not yet been proven to have engaged in these activities. Will she engage to look at that?

[Victoria Atkins]

I will ensure that the Minister hears the hon. Lady’s concerns. As I said at the beginning, national security is very much at the forefront. I will ask the Minister to write to her on that point.

[John Woodcock]

Can the Minister tell me, or get her colleague to write to me on, the proportion of the 850 individuals who are no longer deemed to be of national security concern and whether any of them have been tried? It is quite possible for them to go over and commit crimes, find out it is all terrible, and come back and no longer be of security concern, but they still need to be held accountable for their actions while they were over there.

[Victoria Atkins]

I am told that a significant proportion of the 850, minus the more than 15% of those who have been killed in the region, are assessed as no longer being of national security concern. Again, I will ensure that the Minister responds to the hon. Gentleman’s comments.

We have been equally clear that anybody who does return will be investigated by the police to determine whether they have committed criminal offences or pose a risk to national security. Whenever possible, British nationals fighting for Daesh should be brought to justice either in the UK or in the region. Where there is evidence, the Crown Prosecution Service will seek to prosecute these individuals. Of that, the House can be completely certain.

Indeed, the police and Crown Prosecution Service have already investigated and prosecuted a number who have returned. For example, last month an individual was sentenced to 10 years after being found guilty of possessing an AK47 gun, receiving £2,000 for terrorist purposes and membership of Daesh. That conviction demonstrated our ability and commitment to work with our international partners to use evidence from the conflict area to support a successful prosecution.

Of course, prosecution decisions must be taken independently by the police and the Crown Prosecution Service where there is evidence. As hon. Members have identified, given the nature of this conflict, it is not always possible to gather sufficient evidence to seek prosecution. However, in these cases I can reassure the House that this Government and the police have a range of tools and powers to manage the threat returners may pose, and we are using them. For example, we can use the royal prerogative to cancel British passports where they are at risk of being misused.

On the point that my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti) raised about banning people from the country, the Home Secretary may deprive a person of their British citizenship where satisfied that doing so is conducive to the public good. That may only happen, however, if the person would not be left stateless as a result. That is in line with our commitments under international law, as a signatory of the 1961 UN convention on the reduction of statelessness. We can remove passports where someone is of dual nationality, but we have to abide by the law when it comes to citizens who have only a British passport.

We can impose travel restrictions for individuals subject to terrorism prevention and investigation measures, subjecting them to a range of conditions. We can also use temporary exclusion orders to prevent individuals who are suspected of involvement with terrorism from returning to the UK, except where they do so in a strictly controlled way, and to place in-country conditions upon return, including regular reporting to a police station.

The hon. Member for Barrow and Furness raised Australian exclusion zones. My right hon. Friend the Security Minister, following a meeting with his Australian counterpart last year, instructed officials to examine the Australian legislation and assess its usefulness in a UK context. As with all our counter-terrorism legislation, that option is kept under review. We are not aware of any prosecutions of Australian nationals as a result of criminalising travel to specific areas of Syria or elsewhere. The complexity of that legislation was perhaps demonstrated when, last November, the Australian Foreign Ministry revoked the declaration of Al Raqqa province as an area where travel was not permitted for Australian citizens. That decision reflected the fluidity of the situation on the ground in that conflict zone and the difficulty in maintaining an effective and proportionate travel ban in such circumstances. The whole of Syria remains a do-not-travel destination under Australia’s travel advice, as is the case with our own Foreign and Commonwealth Office, but it is kept under review, in line with all other counter-terrorism legislation.

I know that the hon. Member for Barrow and Furness understands, as other hon. Members do, that when it comes to matters of national security we cannot reveal how we are managing certain operations or cases, or we risk undermining this critical work. That means, I suspect, that I cannot answer some of the questions he has posed today, but I can reassure the House that the figures covering the use of these powers will be shared in the annual update to the Government’s transparency report on disruptive and investigatory powers.

[John Woodcock]

The key question is whether that update will match those, without naming names, to the 850 who were known to have travelled to Iraq and Syria. That information is missing at the moment, and the House deserves to hear it.

[Victoria Atkins]

I thank the hon. Gentleman. I will ensure that my right hon. Friend the Security Minister considers that, as well as the five questions that the hon. Gentleman posed in his speech.

Before I finish, I would like to discuss the deportation of suspected Daesh fighters to the UK from Turkey or other countries, as it is obviously a matter of interest to Members across the House. Because Governments do not necessarily disclose whether they have any security or terrorism concerns regarding individuals they deport, it is not possible to provide a figure for how many may have been deported to the UK due to suspicions around Daesh membership. However, the hon. Gentleman should be in no doubt that where we have security concerns regarding any individual being deported to the UK, their case will be treated with the utmost attention and determination. We have done, and we will continue to work extremely closely with the deporting country to manage that return, share any evidence that might be available, investigate the individual upon return and mitigate any threat they may pose through the powers I have mentioned previously.

I have listened to the thoughtful and well argued contributions from Members on both sides of the House this evening and I recognise the attention that this issue rightly receives from Parliament and the wider public. I can assure the House that the Government treat this issue with as much attention and commitment as possible, to ensure that we continue to do everything we can to keep this country safe.