Terrorism Prevention and Investigation Measures Debate
Full Debate: Read Full DebateYvette Cooper
Main Page: Yvette Cooper (Labour - Pontefract, Castleford and Knottingley)Department Debates - View all Yvette Cooper's debates with the Home Office
(10 years, 10 months ago)
Commons ChamberI beg to move,
That this House notes the ending of preventative measures allowed under Terrorism Prevention and Investigation Measures (TPIM) for six terrorist suspects in January 2014, including individuals that the Home Secretary considers to pose a risk to the security of the United Kingdom through terrorism-related activity; notes the decision made by the Home Secretary to end TPIM controls after two years regardless of whether she assesses individuals are likely to involve themselves in terrorism-related activity; is concerned that the Home Secretary has provided to Parliament no assessment of the current threat these individuals may pose to the public through terrorist-related activity, and notes the recent finding of Mr Justice Wilkie that the Secretary of State does not accept that there is a general duty to tailor measures towards the end of a TPIM in order to facilitate assimilation; further notes the disappearance of two terrorist suspects subject to TPIMs, Ibrahim Magag and Mohammed Ahmed Mohamed; calls on the Government to make a statement to Parliament on the threat of terrorist-related activity posed by the six suspects exiting TPIMs, and to share the full assessment from the Security Service with the Intelligence and Security Committee; and further calls on the Government to establish a cross-party review of TPIMs in the light of these assessments to decide whether changes are needed to protect the security and liberty of the United Kingdom.
By the end of this week up to six terror suspects will have all their restrictions removed so that they can walk the streets of Britain unhindered. These six men were previously considered sufficiently dangerous by the Home Secretary and the courts that they were subject to terrorism prevention and investigation measures, with their communications and movements restricted to prevent terror-related activity. According to the courts, one was a suspected suicide bomber planning to blow up an airline; one was planning a firearms attack, either in the UK or abroad; one was trying to join terrorists in Somalia and another was trying to join Islamist terrorists in Syria; a fifth was accused of fundraising and supporting terror activity in Pakistan; and a sixth was accused of planning attacks and fundraising for al-Shabaab, the group responsible for the awful attacks at Nairobi’s Westgate centre last year.
We know how dangerous the court and the Home Secretary believed these men were even just 12 months ago, when their TPIMs were renewed. The Home Secretary needs to tell us today whether she believes they are still dangerous now. Their TPIMs are not being removed because the Home Secretary has changed her security assessment; they are being removed because the Home Secretary changed policy and legislation three years ago. We need answers today on the risk each of these men poses and on what action she has taken to reduce the risk. Parliament also needs to know whether TPIMs are still fit for purpose, or whether reforms are needed in the interests of public safety.
Can the right hon. Lady be clear on her position? Is it her view that people who have been accused but never convicted should be held under such measures indefinitely? That is the consequence of what she is saying.
I will make a little progress and set out our concerns and views. We have always raised concerns about the introduction of the two-year time limit, because we believe that that raises serious questions. We also want nobody to be under control orders or TPIMs longer than is necessary, so it is right that they are continually reviewed. However, it is also right that we make sure that concern for public safety is at the heart of the debate, and that is what we need to discuss today.
My right hon. Friend is talking about the answers we need. Promises were made to the Bill Committee—I was on it—and Parliament about the cost of TPIMs, but we have never got to the bottom of how much those costs have increased by. Would she like to comment on that?
My hon. Friend is right. Figures were given in briefings to newspapers of about £50 million of additional funding to the security services and the police as a result of the switch from control orders to TPIMs, but it would be helpful to have that figure confirmed by the Government. In addition, however, we do not know whether extra resources are being provided for the ending of TPIMs. That clearly creates additional pressures on the police and security services.
This country has always to be vigilant against terrorism, and we should thank the police and our security and intelligence services, which do a difficult job incredibly well, often behind the scenes and unnoticed. According to the independent reviewer of terrorism, the threat of a terror attack directly by al-Qaeda has decreased since the mid-2000s, but the threat from its affiliates and its power to motivate other extremists and provide training and planning support all remain. Over this Parliament, we have seen attempted bomb plots in the west midlands, plans to attack a Territorial Army base and target Wootton Bassett, and of course the dreadful murder of Drummer Lee Rigby last summer.
UK nationals attempting to travel overseas to fight and train are also potential threats to the UK, both to our interests and citizens abroad and to us here when they return home. The independent reviewer has warned that the Syrian conflict might begin to rival the traditional threat from al-Qaeda core and regions north of Pakistan. We need to be vigilant against these threats and ensure that the British people are protected, and to ensure that the terrorists do not divide us or undermine our democratic values. The laws we pass against terrorism need always to be proportionate and fair.
That is why, like control orders before them, TPIMs are exceptional powers and should be used only in exceptional circumstances, but there are difficult cases: where there is substantial evidence that someone poses a terror risk, but where convictions cannot be achieved—for example, if they depend on secret intelligence that cannot be used in court. Given the risk of harm and potential loss of life from terror attacks, Parliament and our courts have long supported preventive measures based on a clear legal procedure, with safeguards to reduce the risk to the public.
Three years ago, however, the Home Secretary decided to weaken those terror powers by replacing control orders with TPIMs, putting a two-year limit on each one and removing relocation and other restrictions from them. She said there would be a greater focus on prosecution and imprisonment.
Does my right hon. Friend agree that the narrative being put out by the Conservative part of the coalition is that the legislative change that brought in TPIMs was a result of their coalition partners, the Liberals? Was not the start of this, however, in the Conservative party’s 2010 manifesto?
My hon. Friend makes an important point, and I want to come to that. The Home Secretary ducks the issue if she simply blames the Liberal Democrats for this change in legislation, because she introduced it and Conservative MPs voted for, supported and defended it at every stage of its passage through the House, even when we raised questions and concerns.
I want to make some progress, because I have not yet reached the main substance of my speech, but I will briefly give way to the hon. Gentleman and then my hon. Friend.
Does the right hon. Lady not accept that it was the courts of law in this country that criticised and weakened the control orders that her Government set up—the courts sounded their death knell—and that any Home Secretary has to establish a proper legal framework for the orders of this country to subsist?
I am afraid the hon. Gentleman is simply wrong, and he knows he is wrong because he asked exactly that question of David Anderson, the independent terrorism reviewer, in the Select Committee on Home Affairs. The reply from David Anderson was clear. He said that control orders had not been undermined by the courts and had in fact been upheld by them—that the principle had been upheld and individual control orders had been upheld. Of course it is right for control orders to be scrutinised in the courts, as it is right for TPIMs to be scrutinised. However, the independent reviewer was absolutely clear: it was not the courts undermining control orders, nor was it the courts that decided to replace them with the weaker TPIMs; it was the Government.
The concern for us is that the weakening of the terror powers has led to additional costs. We simply do not know what additional costs there might be now as a result of ending control orders for up to six people this month.
The Prime Minister told the House earlier this month that TPIMs “are working”, but the verdict on TPIMs, two years on, is very different. According to the independent reviewer, there have been no successful prosecutions, despite all the Home Secretary’s promises. The removal of relocation powers has badly backfired. No one relocated as part of their control order ever absconded, yet the Home Secretary removed relocation powers and lost two out of 10 suspects in 12 months. Ibrahim Magag ran off in a black cab; Mohammed Ahmed Mohamed ran off in a burqa. They have not been seen since, and the Home Secretary and Prime Minister have no idea where they are. The Prime Minister calls this a successful policy, yet 20% of the terror suspects on TPIMs have disappeared within a year.
We want to concentrate on the six men expected to be released from TPIMs this month. The House warned the Home Secretary of the risks that she was taking by restricting TPIMs to two years regardless of the security assessment unless fresh terrorist activity had occurred. Here is what Mr Justice Collins said about her legislation:
“if a TPIM has achieved its purpose and the Home Secretary has no reason to believe that any terrorist related activity has occurred, there will be no power to impose a fresh TPIM whether or not…the Secretary of State has reason to believe the subject will involve himself in terrorist related activity.”
In other words, if the TPIM works to prevent terrorist activity, there is no possibility of the Home Secretary extending it, even if she has good reason to believe that that terror suspect remains a serious risk and will return to terrorist activity straight away.
If that is the case, Parliament needs to know the extent of the risk that these men pose now, and the Home Secretary needs to give us this simple piece of information: does she believe that these six men are still likely to pursue terror-related activity: yes or no? The courts said they were likely to do that 12 months ago. Does she believe they are now? Are these men still a risk: yes or no? She cannot claim that she does not comment on individual cases, because she has already done so. Public statements have been made about these men and the risks they pose.
Let us take the person known as CD—one of the men whose TPIM expires this month. The Security Service said he was trying to procure firearms for a terrorist attack in the UK. Just over a year ago, the judge agreed he was too dangerous to remove the TPIM controls. The judge said at that point that
“the evidence that CD has been involved in terrorist activity is overall stronger now than it was”.
He also said that the
“control order and now TPIM are having something of their intended effect, but that is very different from saying that the TPIM should be ended…there remains a network, his views and determination are unchanged, he has training”.
What has changed since then? Have CD’s views and determination changed? Has his network changed? Or is there still a significant risk that he will try to get firearms or other weapons again to pursue a UK attack? The Security Service and the judge told us a year ago that this man was a serious risk; now the Home Secretary is removing all his restrictions. We have a right to know whether she still thinks he is a risk or whether that risk has gone. I will give way to the Home Secretary if she will tell us now whether CD is still a risk. [Interruption.] The Home Secretary has chosen not to intervene to answer the specific question about whether CD remains a risk.
Is the right hon. Lady really telling us that she is going to take us back to the bad old days of Labour’s anti-civil-libertarian state, with its control orders, ID cards, national database and 90-day detention? Is that where new Labour is going to take us once again?
The hon. Gentleman, too, should want this information and these answers from the Home Secretary. Whatever his views about the legislation, he ought to want answers from the Home Secretary about whether CD still presents a risk. Our view is that it is right to have exceptional legislation, but that strong safeguards should also be in place. Sometimes there is a need for clear powers, but clear safeguards must also be in place. There should be provision to review TPIMs or control orders to make sure that they are used only where it is proportionate and justified. However, the Home Secretary should provide answers about whether she is needlessly putting people at risk as a result of the decisions she has taken.
My right hon. Friend will be aware that the independent review of David Anderson recommended that consideration be given to an additional power at the end of a TPIM to provide something similar to licence conditions when people are released from prison. At the moment, there is no legislation to provide any degree of control once the TPIM is ended. Does my right hon. Friend think it a good idea to introduce such provisions into the TPIMs legislation so that if we do not have a TPIM, we at least have something akin to licence conditions on the release of prisoners?
My right hon. Friend makes an important point. As we understand it, no restrictions will be in place for these six men, regardless of the security risk. We do not know what the security assessment of these six men is; that is why the Home Secretary needs to tell us. She may now believe that they are no longer a risk and that no further restrictions are needed. If further restrictions are needed, however, we need to know what they are. We are happy to engage in a cross-party discussion about whether further legislation and changes are needed, but we need answers from the Home Secretary on the security assessment of these men.
Let us take the man known as AM, for example. The Government have argued that he was part of
“a viable plot to commit mass murder by bringing down transatlantic airlines by suicide bombing”.
Here is what the judge said just 18 months ago:
“But for the disruption of the transatlantic airlines plot, there is every reason to believe that AM would have killed himself and a large number of other people.”
Those are the judge’s words. He also said that
“convincing evidence of a change of heart was required before the Secretary of State could reasonably consider that the need to protect members of the public from a risk of terrorism had gone or been reduced to a level at which preventative measures were no longer required.”
The Home Secretary has now removed those preventive measures. Does she believe that there has been
“convincing evidence of a change of heart”?
Does she have evidence that
“the need to protect members of the public from a risk of terrorism”
has gone? I have cited what the court said 18 months ago, but what does the Home Secretary say about AM now? Once again, I give her the opportunity to intervene to answer the question whether she believes that AM is still a risk.
There are others, such as the man known as BF. Just seven months ago, the Home Secretary described him as a
“long term, committed and historically well connected extremist”
who
“maintains a desire to travel overseas and he would seek to travel after restrictions are removed and he would seek to engage in terrorist related activities.”
That was seven months ago; what has changed? Is he still a risk; yes or no? Then there is the man known as CE. The Home Secretary told the courts that he was trying to travel to Somalia to engage in terror-related activity and that he was linked to a UK-based network of Islamist extremists who are fundraising and supporting terrorism in Somalia. Is he still a risk; yes or no?
The courts confirmed nine months ago that CF had attempted to travel to Afghanistan to engage in suicide operations, while the Security Service said he was fundraising for al-Shabaab and recruiting fighters from the UK. Is he still a risk? The man known as BM is accused of fundraising for terrorist organisations in Pakistan and of trying to travel there to engage in terror-related activities. Is he still a risk?
Perhaps the Member known as YC will tell the House what measures she would introduce to replace those to which she is referring.
That is an important question. We think that the decision about the framework must depend on the security assessment, to which the Government have access but we do not. We believe that it was wrong to introduce the two-year limit in the first place, and wrong to remove the relocation powers. That was our view when the legislation was passed, and we continue to be concerned about those issues. However, we are willing to work with the Government and with other parties, on a cross-party basis, to consider what the framework should be now. My right hon. Friend the Member for Salford and Eccles (Hazel Blears) advanced important proposals which have also been advanced by the Independent Reviewer of Terrorism Legislation. There may be other options, and we think it important for those to be debated, but they need to be debated in the light of the security assessment.
Does the right hon. Lady agree with the independent reviewer that there should be a licence system, or does she recognise its weakness?
The independent reviewer’s proposals should be looked at very seriously. As I have said, there may be other options, such as the extension of time limits. As the hon. Gentleman has pointed out, any set of proposals will involve limitations. This is the kind of debate we ought to be having in Parliament, but it needs to be informed by that proper security assessment.
I will give way once more, but I must then make some progress, because I know that many other Members wish to speak.
I am grateful to the right hon. Lady; I know that she wants to move on. Do I understand from her response to the hon. Member for North Antrim (Ian Paisley) that her understanding of justice in this case is that the group of people concerned should not be allowed to see the evidence that will be presented in a trial that they will not actually undergo, and that they should then be forcibly relocated from their communities and kept in detention for at least 23 hours a day, for an indefinite period? Is that the Labour party’s view of justice in this case?
No. We have made it clear throughout the passage of the legislation that these measures should be used only in very exceptional circumstances, and that there must also be a court procedure. There must be legal safeguards, and there must be judicial processes. I have cited the views of the judges, not just the views of the Security Service and the Home Secretary. However, we must also recognise that there are some cases in which it is very difficult to prosecute in the courts because of secret intelligence, and the risk to human sources who may put their lives at risk by providing that important information.
The Home Secretary should tell us this: does she still believe that each of the six men whose restrictions she is now removing poses a terror threat—yes or no? She told us 12 months ago that the answer was yes, because she renewed their TPIMs, but what is her answer now? We know what she thought of those men when she imposed the restrictions, but surely it is even more important for us to know the risk when she takes those restrictions away. We are not asking her to show Parliament the detailed Security Service assessment—she should show that to the Intelligence and Security Committee—but we are asking her to inform us of her conclusions, and to give us as much detail as she gave publicly to the courts.
The Home Secretary gave us her security assessment when Magag and Mohamed ran off. She told us then that she did not believe they posed any risk to people in the United Kingdom. If she could tell us that much about those two terror suspects once they were out on the streets without restrictions, why can she not do the same now in relation to all the others?
People change and risk levels change. If the risk has been reduced, restrictive measures may no longer be justified, in which case they should certainly be removed. We support the removal of restrictions as soon as they are no longer justified. Over the last decade, control orders have rightly been removed from more than 30 people because they were not longer justified. Terror powers such as these must always be kept under review, but the Home Secretary has removed these restrictions not because they are no longer justified but because of her legislation, the legislation she pushed through Parliament. How can Parliament assess whether that legislation was right, and whether she has done the right thing, without knowing the continued risk that any of these men is expected to pose?
We also need to know what action the Home Secretary has taken to prepare for the end of TPIMs. The independent reviewer warned us some time ago that serious planning should be done to work with those individuals to reduce the risk once the restrictions were removed. Has that happened? Has any work been done with them to address their extremism? Judge Wilkie suggests not. On the basis of the evidence that the Home Secretary submitted to the court, he said that she
“does not accept that there is a general duty to tailor measures towards the end of a TPIM in order to facilitate assimilation.”
What planning has taken place to cope with the restrictions being removed? The Home Secretary has told us that the Metropolitan police have a plan for each person, but will she ensure that the Intelligence and Security Committee is shown those plans? Will she also tell us what those plans will cost? When control orders were downgraded to TPIMs two years ago, the Government provided extra funding for surveillance and investigations. However, that extra funding was clearly not enough to ensure that there was sufficient surveillance on Mohamed and Magag, who were able to abscond, or enough to deliver successful prosecutions. That reduction from control orders to TPIMs will have put additional pressure on the resources of the police and the security services, but surely the ending of TPIMs for those suspects altogether will put even greater pressure on those resources now, as there are no restrictions in place. Has any additional funding been made available to cope with the ending of TPIMs for those men, or will surveillance resources have to be redeployed from other important targets?
Before the Home Secretary stands up to answer my questions, let me address some of the points that she usually makes in her defence, as well as some new ones that she has added to her list in the past few days. She usually argues that control orders were not strong enough, and that people absconded while subject to them. She and I agree that the control orders without relocation powers, under the regime that operated before 2007, were not strong enough, but that is why the control order regime was tightened up in 2007 with a greater focus being placed on relocation, after which no one absconded. My response to that was to say that we should keep the relocation powers. Hers was to ditch them. She has lost two terror suspects as a result.
The Home Secretary has now come up with two new defences. She has told the Daily Mail that the problem was the fault of the Human Rights Act, and she has told The Sun that it was the fault of the Liberal Democrats. Both claims are nonsense. She has also tried to claim that control orders had to be reformed because they were being undermined in the courts. The independent reviewer has made it clear, both to the Home Affairs Committee and in other statements, that the courts have repeatedly upheld the principle of control orders and upheld individuals’ cases time and again. The independent reviewer has said:
“The replacement of control orders by TPIMs was a political decision. It was not prompted by any court judgment, either from the United Kingdom or from Strasbourg.”
As for the idea that this was all the Liberal Democrats’ fault, the Deputy Prime Minister is not even strong enough to sort out the problems in his own party. No one believes that he is strong enough to make the Home Secretary put forward legislation that she does not agree with. Let us remember what she said at the time. She made it clear that it was her legislation, not his. She defended every one of the changes, including the two-year limit, the end of relocation and the granting of extra freedoms. Indeed, she was proud that she was
“re-striking the balance between national security and civil liberties.”—[Official Report, 7 June 2011; Vol. 529, c. 71.]
The Home Secretary cannot blame the Liberal Democrats, the Human Rights Act or the courts. She has only herself to blame if she does not like the consequences of her legislation. We need to know what she is going to do now, however. What is the risk to the public from those six men? What is the risk to the public from her legislation? What is she doing about this? She told us three years ago:
“Where successful prosecution or deportation is not possible, however, no responsible Government could allow dangerous individuals to go freely about their terrorist activities.”—[Official Report, 7 June 2011; Vol. 529, c. 69.]
So can she now get up and tell us that she is not doing exactly that? Can she put her hand on her heart and tell us she is confident that she is doing the right thing for the British people by removing those TPIMs from those six individuals this month? And if she is really as uncomfortable with her own legislation as her briefings to the newspapers suggest, is it not time that she backed down and set up a cross-party review to look at this legislation again?
I am grateful to the hon. Gentleman for mentioning the independent reviewer of terrorism legislation, because David Anderson has consistently said:
“The only sure way to prevent absconding is to lock people in a high security prison.”
As I said at the beginning of my speech, that option, without charge or prosecution, has already been struck down by the highest courts in the land.
The Home Secretary has not answered the point raised by my hon. Friend the Member for North Durham (Mr Jones). He specifically said that the independent reviewer has said:
“The possibility of relocation has now been removed. That step was not required by the courts …which had indeed shown themselves generally supportive of relocation as a deterrent”
to terrorism-related activity. The Home Secretary has just claimed that the Government had to get rid of relocation because it kept getting struck down by the courts, but the independent reviewer has said the complete opposite. He has said that the courts supported the principle of relocation. Will she now make clear her view: does she simply think the independent reviewer is wrong or will she now withdraw her previous comments?
I will repeat precisely what I said a few minutes ago, which is that what the right hon. Lady never tells this House is that forced relocation was struck down by the courts in four control order cases. The point is that she and others speak about relocation in this House as if it was never queried, but it was; in four cases it was struck down.
I am going to make some progress as I have taken quite a few interventions.
We continue to believe that the best place for a terrorist is behind bars. As I have said, if the police and Security Service find any individual engaging in new terrorism-related activity, the police will seek to have them prosecuted. If that is not possible, it is open to the police and Security Service to recommend that a new TPIM notice should be imposed.
In response to an earlier intervention from the hon. Member for North Antrim, I said that I would talk about the new powers that we have introduced. We have not just given extra money to the police and Security Service; we have strengthened their powers. In April last year, in a written statement to the House, I explained how we would use the royal prerogative to remove passports from British nationals who we believe want to travel abroad to take part in extremist activity, terrorist training or other fighting. That has significantly enhanced the security services’ powers in this area and the prerogative has already been used on several occasions, helping to disrupt terrorist suspects who want to travel abroad to gain skills or contacts that they could use to plot attacks in this country.
In the cases of several of the six people expected to be released from TPIMs this month, the concerns raised were that they would travel abroad to be involved in terrorist activity. Can the Home Secretary tell us whether that power has been used to remove the passports of any of those who are coming off TPIMs this month?
The Home Secretary answered this question when she was asked about Mohammed Ahmed Mohamed, and specifically about his passport—she initially gave an incorrect answer to the Home Affairs Committee, which she then corrected. If she was prepared to answer a question about his passport, why is she refusing to answer legitimate questions about the attitude towards the passports of these suspects?
I should have thought that the right hon. Lady would have been able to distinguish between the information given to this House about the passport of Mohammed Ahmed Mohamed and the question of whether the royal prerogative has been exercised.
Given the conflict in Syria, powers to disrupt terrorist travel are now particularly vital. The UK already has some of the most robust and effective legislation in the world to deal with suspected terrorists and those suspected of engaging in terrorist-related activity, both in the UK and abroad. We will not hesitate to use every power at our disposal. If a terrorist suspect is a dual national, I will consider deprivation of their British citizenship, and the Government are considering strengthening our legal powers in that area. If a suspect is a foreign national, the Government can exclude them from the UK. This Government have excluded more foreign hate preachers than ever before.
We will further increase our efforts to remove foreign nationals from this country where they threaten our national security. After this Government finally secured the deportation of Abu Qatada—who was, of course, one of the original Belmarsh detainees—we introduced the Immigration Bill to make it easier for us to get foreign terrorist suspects out of our country. The Opposition failed to vote for that Bill on Second Reading.
As well as tackling foreign terrorist suspects, we are doing more to stop home- grown extremism. This summer, we saw events that shocked the nation, with the horrific killing of Drummer Lee Rigby in Woolwich and the murder of Mohammed Saleem in Birmingham. Last month the Prime Minister announced new measures to tackle extremism, with the outcome of the extremism taskforce, which was established in the wake of those tragic events. That built on the revised Prevent strategy, which we extended to cover all forms of extremism, including non-violent extremism. We have already had success in restricting extremist speakers. Many events with extremist speakers have been referred to the police, some have been disrupted, and in other cases, venues have been persuaded not to host speakers with extreme views.
The right hon. Gentleman is correct in saying that there are some people whom it is not possible to deport or prosecute. That is the sentence I opened my speech with. That is precisely why we have the TPIM measures as possibilities to be used for certain individuals.
In addition to the other measures I have spoken about, more than 21,000 items of illegal terrorist content have been taken down from the internet. As I have mentioned, we have excluded more preachers of hate from this country than ever before. While some Labour politicians positively welcomed the likes of Yusuf al-Qaradawi to London, under this Government foreign hate preachers are not welcome here.
We are stopping terrorist suspects travelling abroad, we are depriving them of the option of coming back, we are deporting foreign terrorist suspects and we are doing more to tackle home-grown radicalisation.
The Home Secretary has not answered the basic question about whether these six men still pose a risk. Let me ask her about one of them, the man known as CD. She has told us plenty about him before and has said plenty to the courts. She told us plenty about Magag and Mohamed. Why does she not simply tell us now whether she believes that CD still poses a risk that he will pursue terrorist-related activity—yes or no?
I have made it clear to the right hon. Lady and to the House that of those individuals who are coming off their TPIMs, the police and the Security Service have made a proper risk assessment and have put in place measures to ensure that they are dealing with those individuals in the way that they believe is appropriate. Those are decisions that they take.
This is not actually the moment; the Government have moved on from control orders, but that is another issue. I would say that if there has been a trial and that person has been found not guilty, fair enough. There may, however, be reasonable suspicion that somebody poses a real danger to the public. This whole debate has been skewed because the Labour party has attacked the Government from the right, but I am more interested in what the public think. When the public look at the appalling outrages that have taken place, and when they consider the plots to blow up hundreds of innocent people for no reason at all, I do not think that most of them think that the sorts of measures that the Labour Government brought in, and that our Government are enforcing, are such a dramatic infringement on our traditional way of life. In that sense I support the former Labour Government; I think they had to act as they wanted, although we know there was a problem with the courts.
It does not seem to me that TPIMs are so very different from what we had before. They are instigated by the Home Secretary with the permission of the High Court, and they are granted on the basis of a reasonable belief in the subject’s involvement in terrorism—that all sounds quite sensible. That is, I agree, a higher threshold than the one for control orders, which required “reasonable suspicion”, but as far as the public are concerned, is there a great deal of difference between the “reasonable suspicion” that was required under the former Labour Government, or a reasonable belief in the subject’s involvement in terrorism? I do not think so; that is not a great difference between control orders and TPIMs. The Home Office memorandum on the Terrorism Prevention and Investigation Measures Act 2011 states that the Home Secretary must reasonably—again, “reasonably”, and all this is subject to judicial review—consider
“that it is necessary, for purposes connected with protecting members of the public”.
Let us always focus on members of the public. That is what we are here for, not to debate party political issues. I wish those on our two Front Benches could get together on this issue; it is a matter of national security.
I am sure that on a Privy Counsellor basis, the Home Secretary would be happy to brief the right hon. Lady. I am speaking as a Back Bencher, but it seems that when the public are concerned, and when there are people who hold such dangerous views, it is not unreasonable for us as members of the public to ask our two parties of state to work together on this.
The memorandum says that the Home Secretary must reasonably consider
“that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism,”
and with preventing or restricting the individual’s involvement in terrorism-related activity,
“for TPIMs to be imposed on an individual.”
That is not unreasonable.
There are two points to consider and I understand the attack from the Labour party. I also understand that the High Court had a problem with relocation, but I would have thought we could find a way through that. If relocation was absolutely necessary from the point of view of protecting the public, I do not think it unreasonable —I have been listening to the shadow Home Secretary—for there to be some requirement for relocation.