Jamal al-Harith

Yvette Cooper Excerpts

Thursday 23rd February 2017 Commons Chamber

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

(Urgent Question): To ask the Home Secretary to make a statement on the case of Jamal al-Harith.

[The Minister for Security (Mr Ben Wallace)]

I make it clear at the outset that the United Kingdom takes the security of its people, interests and allies very seriously, and we will not hesitate to take action in accordance with our inherent right of self-defence. The Government strongly discourage British nationals from travelling to conflict zones and work hard to dissuade and prevent people from travelling to areas of conflict.

It is, however, the long-standing policy of successive Governments not to comment on intelligence matters. The monitoring of individuals is an intelligence matter, and the Government do not and cannot comment on individual cases. Neither can the Government comment on whether particular individuals have received compensation payments.

In November 2010, the then Lord Chancellor and Secretary of State for Justice, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), informed the House of Commons that the Government had secured a mediated settlement of the civil damages claims brought by detainees held at Guantanamo Bay in the early 2000s. The details of that settlement were subject to a legally binding confidentiality agreement, and we are therefore unable to confirm whether any specific individual received such a settlement.

More broadly, the Government’s priority is to dissuade people from travelling to areas of conflict in the first place, and our strategy works to identify and support individuals at risk of radicalisation. More than 150 attempted journeys were disrupted in 2015. Since Channel, the Government’s process to identify and provide support to individuals at risk of being drawn into terrorism, was rolled out in 2012, there have been more than 4,000 interventions to prevent radicalisation, but we have been clear that we will seek to prosecute those who travel abroad to commit criminal or terrorist attacks. Our brave men and women of the intelligence services and law enforcement agencies work every day to make sure that the risk to our citizens is minimised.

[Yvette Cooper]

It has been reported that Jamal al-Harith died in a suicide attack in Mosul, and in doing so killed several others on behalf of a barbaric extremist regime. If the reports are correct, he was a deeply dangerous man involved in the worst kind of extremism and terrorism that I am sure is widely condemned on both sides of the House.

We know that Jamal al-Harith was released from Guantanamo Bay in 2004, and it is reported that he received a payment from the Government after concerns that defending his case would lead to the revelation of intelligence and the compromising of national security.

The former independent reviewer of terrorism legislation has provided information about the case, as has the former Home Secretary, Lord Blunkett. Everyone understands that some information cannot be revealed for intelligence reasons. However, the Minister has provided far too little information about such a serious case. Can he confirm whether Mr al-Harith was made any payment? Notwithstanding the subsequent welcome legislation to tighten the law, which had cross-party support, does he agree that people across the country will feel sickened at the idea of large payments being made to someone who may have been involved in serious terrorist activity?

We know that Mr al-Harith was subject to monitoring after 2004. Was he subject to monitoring between 2010, when the compensation payments are reported to have been made, and his reportedly leaving the country in 2014? Was he considered for a control order or a terrorism prevention and investigation measure? Can the Minister confirm that no one is currently subject to a TPIM? It is reported that al-Harith left to join ISIL in 2014. Was he being monitored at that time? Was he on any border watch lists at the time? We ask that question because, legitimately, we want to know whether this occurred because of a lack of intelligence about his case or whether there was some failure in the border watch list system, in which case there are legitimate questions for this House to pursue.

What happened to the payment allegedly made to Mr al-Harith? Do the Government know whether any of that money was subsequently used to fund terrorist or extremist activity? Was any monitoring in place in respect of any of these compensation cases? Has any attempt been made since Mr al-Harith left for Syria and Iraq to recover any of the payments that have been made? Is any of that payment left now? Can the Minister at least say whether the Government are now reviewing this case and will at least provide a report to the Intelligence and Security Committee, which will be able to listen to all the questions relating to intelligence so that we can understand whether such a serious case has been properly pursued, and that every possible action has been taken on behalf of both our national security and the British taxpayer?

[Mr Wallace]

I thank the right hon. Lady for her questions. Like her, and like my constituents, we will be outraged and disappointed by the sums of money that have been paid. As for the sums that have been paid, and that are reported to have been paid, I cannot comment on individual cases. Unlike former Home Secretaries, the Government are bound by their legal obligations—we cannot break those legal commitments—but I can say that some of the vulnerability that led us to have to pay those damages occurred when the right hon. Lady was a member of the Labour Government and when those individuals brought claims against us.

It is important that we recognise that that is why some of these claims had to be paid out and why, in response to those outrageous sums of money that have been reported, this Government and the coalition Government brought forward the consolidated guidance— David Cameron brought that forward—to make sure that our intelligence services act within the law and get the full support of the law in order to do their job. That is also why we brought forward the Justice and Security Act 2013 to introduce closed material proceedings so that in future claims brought by such people, held in Guantanamo Bay in 2004, can be challenged in court without revealing sensitive intelligence information and we can, thus, defend many of those claims. It is also why that Act brought in stronger powers for the Intelligence and Security Committee, in order that it can investigate such incidents and give confidence to this House that such events are properly investigated, with lessons learned if they need to be and allegations put to rest if they are found to be false. That happened as a result of these types of payments; that action was taken under the coalition Government of David Cameron to make sure that we minimise the risk of this ever happening again.