The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
I beg to move,
That the draft Prevention of Terrorism Act 2005 (Continuance in Force of Sections 1 to 9) Order 2011, which was laid before this House on 3 February, be approved.
The purpose of the order before the House is to renew sections 1 to 9 of the Prevention of Terrorism Act 2005 pending their repeal and replacement with an alternative regime. These sections expire after one year unless renewed by order, subject to affirmative resolution in both Houses. The effect of this order will be to maintain the control order powers until the end of 31 December 2011. As the Home Secretary said to the House on 26 January, this limited renewal is to allow us to bring forward the legislation introducing a replacement system.
I would like briefly to set out the context for the proposal before the House. As the Prime Minister has said, the threat to the UK from international terrorism is as serious as we have faced at any time. It is assessed by the joint terrorism analysis centre to be “severe”. A number of significant terrorist plots have been uncovered over the past year. Recent trials and investigations show that terrorist networks are continuing to plan and attempt to carry out attacks. That threat will not diminish at any point soon.
Against this background, and given our commitment to redress the balance in our counter-terrorism powers, the Government conducted a review of counter-terrorism and security powers which considered the necessity, effectiveness and proportionality of control orders.
Jeremy Corbyn (Islington North) (Lab)
Have any of the people whom the Minister is concerned about—who may or may not be plotting terrorist attacks—at any time been subject to a control order or considered for a control order?
James Brokenshire
The hon. Gentleman will appreciate that it is not appropriate for me to comment on such sensitive security issues. I can tell him that the review we undertook underlined that the Government’s absolute priority must be to prosecute suspected terrorists in open court. Measures that impose restrictions on suspected terrorists who have not been convicted in open court should be our last resort. As far as possible, given the need to protect the public, any restrictions should support the primary objective of prosecution.
The review concluded that for the foreseeable future, there is likely to continue to be a small number of people who pose a real threat to our security, but who, despite our best efforts, cannot be prosecuted or, in the case of foreign nationals, deported. As at 10 December 2010, eight individuals were subject to control orders. Our reluctant assessment is that there will continue to be a need for a mechanism to protect the public from the threat that such individuals pose. Lord Carlile reached the same conclusion in his most recent and last independent report on control orders. Consequently, he and the other statutory consultees support the proposal to renew the control order powers. I am sure that hon. Members from all parts of the House will join me in thanking Lord Carlile for his work over the past 10 years.
The review also concluded that it is possible to move to a system that will protect the public but be less intrusive and have more clearly and tightly defined restrictions. In particular, the two-year maximum time limit clearly demonstrates that these are targeted, temporary measures. It will be possible to impose a further measure only if there is evidence of new terrorism-related activity after the original measure was imposed. Measures will have to meet the evidential test of reasonable belief that a person is or has been involved in terrorism-related activity. That is higher than the test of reasonable suspicion of such involvement in the control orders regime. The police will be under a strengthened legal duty to inform the Home Secretary about an ongoing review of a person’s conduct with a view to bringing a prosecution. A more flexible overnight residence requirement will replace the current curfew arrangements.
Dr Julian Huppert (Cambridge) (LD)
I thank the Minister for giving way; he is being very generous so far and we will see how this goes. Will he clarify how the new residence requirement is different from the existing arrangements? In her comments to the Home Affairs Committee, the Minister for Security, Baroness Neville-Jones, was less than clear on that point.
James Brokenshire
I know that this issue was of interest to the Home Affairs Committee. As the Minister for Security made clear in her evidence, the normal overnight residence requirement will be for between eight and 10 hours. She has written to the Committee to set out that as at 10 December 2010, the longest curfew under a control order was for 14 hours, which was in place in two cases. Of the remaining curfews, one was for 13 hours, three were for 12 hours, one for 10 hours and one for eight hours. Therefore, at least six of the eight individuals will be confined to their residence for a shorter period than they are currently. The Minister for Security has made that point clear.
It is worth stressing some of the other relevant issues. Forcible relocation to other parts of the country will be ended. Geographical boundaries will be replaced with a power to impose much more tightly defined exclusions from particular places. There will be no power to exclude someone from, for example, an entire London borough. Individuals will have greater freedom of communication, including access to a mobile phone and a home computer with internet access, subject to certain conditions such as providing passwords. They will have greater freedom to associate—for example, there will be no blanket restrictions on visitors or meetings. Individuals will only be prohibited from associating with people who may facilitate terrorism-related activity. They will be free to work and study, subject again to the restrictions necessary to protect the public. These changes will allow the individual to continue to lead a normal life so far as is possible, subject only to the restrictions necessary to prevent or disrupt involvement in terrorism-related activity.
The more limited restrictions that may be imposed may facilitate further investigation, as well as preventing terrorism-related activities. The new regime will also be accompanied by an increase in funding for the police and the Security Service, to enhance their investigative capabilities. The Government intend to bring forward legislation to that effect shortly. The legislation must be properly prepared and properly scrutinised by the House. In the meantime, we are clear that it would be irresponsible to allow the current regime to lapse in the absence of alternative measures and while the investigative capabilities of the law enforcement and security agencies are being developed.
It is important to underline that control orders remain legally viable and although they are, in our judgment, imperfect, they have had some success in protecting the public. We are satisfied that the current control order powers and the order before us today are proportionate and fully compliant with the European convention on human rights, and that, pending the introduction of their replacement, it is essential that these powers continue to be available in order to protect the public.
Mr William Cash (Stone) (Con)
I should like my hon. Friend to take note of the observation made by a former Home Secretary, Charles Clarke:
“The principal responsibility of the judiciary is to justice and to the liberty of the citizen properly carried through, but not to the security of the nation.”
Is my hon. Friend also aware of my Prevention of Terrorism Bill, which I introduced today? The object of the Bill is simply to disapply the Human Rights Act 1998 in respect of these matters in order to ensure that we maintain habeas corpus, due process and fair trial, even in the case of alleged suspects.
James Brokenshire
I am aware that my hon. Friend has introduced a Bill, although it would not strictly apply in the context of this debate on control orders and the new proposals that we are seeking to introduce, given that his Bill applies to provisions allowing for detention. That means that it would not affect these measures, because they do not allow for detention. I note that he has sought to introduce his Bill, but I do not think it is directly relevant to this debate.
Jeremy Corbyn
Is the Minister aware that the objection that many of us have to the principle of control orders is that they are effectively a form of Executive control and not subject to judicial review in the normal way? What we need is criminal law to deal with criminals, rather than Executive fiat to deal with people about whom the Security Service might or might not have suspicions.
James Brokenshire
I certainly hear the point that the hon. Gentleman is making. As I have already stressed, our preference is always to bring prosecutions and to bring people before the criminal law. I must also highlight my previous comment on the compliance with the ECHR of the provisions before us. These measures are always used only as a last resort.
We are currently preparing legislation to introduce the replacement system. I am anxious that the passage of that legislation should follow due process, and that it should be subject to the intense scrutiny that I know Members of this House and the other place will rightly bring to bear on it. Hon. Members will understand that these are complex issues, and I am sure that they will share my desire to ensure that we get the new provisions right. While the process is under way, it would not be responsible for us to leave a gap in public protection between the repeal of control orders and the introduction of the replacement regime. Our intention is that there should be a safe and managed transition to the new system. This means that, until the new system is introduced, we need to retain the full range of control order powers. The alternative would be to allow individuals who pose a threat to the public to go freely about their terrorism-related activities for the remainder of the year.
This is the last occasion on which the House will be asked to renew these powers. The Government will shortly bring forward a more targeted and focused regime to protect the public. Before the transition to that new regime is complete, the risk to the public would be grave indeed were control order powers not renewed. I therefore ask the House to approve the renewal of those powers for the transitional period.
James Brokenshire
I thank all right hon. and hon. Members for their contributions to this measured, considered and useful debate on a range of issues relating to combating and preventing terrorism. I, too, would like to put on record my thanks to the police service and the security services for all that they do in keeping us safe, keeping our constituents safe and keeping our country safe.
I will seek to address as many of the points raised as I can in the time available to me. I thank the hon. Member for Bradford South (Mr Sutcliffe) for the support that he is giving to the renewal of this order on a temporary basis until the end of this year. I hope, notwithstanding his comments, that he may be minded to support the important measures that we will introduce on TPIMs. We think that those measures are an important step in bringing forward measures that are less intrusive, with more clearly and tightly defined restrictions. I note that the hon. Gentleman sought to have some political fun, but the serious point is that the review of our terrorism and security powers was about trying to do the right thing for our country, for its security and for our civil liberties. The Prime Minister has made it clear that we will not do anything that puts our national security at risk.
The hon. Gentleman made a number of other points. As for the timing, we will try to introduce the replacement legislation at the earliest opportunity, but we want to get the technical issues right; he will appreciate the legal issues. It is therefore important that we make the revised proposals at the appropriate time after that work is concluded. I reiterate what I said in my opening speech: we want to ensure that there is proper scrutiny by this House of the provisions. He will recall that the provisions on control orders were brought forward in an expedited fashion, and perhaps did not receive such scrutiny and investigation. We believe it is important that that should take place.
Jeremy Corbyn
Does that include pre-legislative scrutiny of the proposed Bill?
James Brokenshire
The Bill will be brought forward and scrutinised in the usual way. I think that the hon. Gentleman may be referring to the draft Bill on the enhanced TPIM provisions, which the hon. Member for Bradford South highlighted. When this matter was raised with Baroness Neville-Jones by the Joint Committee on Human Rights, she said that she would take it away and give it further consideration. We are considering it further.
Hon. Members have asked whether the Security Service is content with the outcome of the review. The Security Service played a full role in the review and provided it with all the facts and assessments required. The director general of the Security Service told the Home Secretary that he was content that the replacement measures and mitigations balanced the risk of the abolition of control orders. I note that the Joint Committee sought the publication of a summary of the views of various agencies and organisations. Again, Baroness Neville-Jones undertook to consider whether such a summary could be produced, but noted that some of the contributors to the review would have views on whether they wished all their evidence and views to be made public, and that it would be necessary to consult on that. We are considering that position further in the light of those statements.
I thank the hon. Member for South Antrim (Dr McCrea) for his impassioned and very personal contribution to the debate. Anyone who was here and who listened to it will have felt his comments keenly. The threat from Northern Ireland-related terrorism is significant, and it is vital for the UK’s terrorism legislation framework to be capable of dealing with it. Evidence from Northern Ireland was taken account of as part of the review, and the Home Secretary has discussed the review several times with the Secretary of State for Northern Ireland. I assure the hon. Gentleman that we take security in Northern Ireland extremely seriously. I know that the Minister of State, Northern Ireland Office, who is on the Front Bench, would endorse that view in relation to the work of his Department.
I have been asked about cost. The control orders regime cost the Home Office £12.5 million between 2006 and 2010. We will provide sufficient new money for the Security Service and the police to take the mitigating actions that they have identified as necessary.
Other points have been made about the Joint Committee report published this morning. Quarterly reviews are undertaken of the conduct of individuals who may be subject to control orders, the prospects of prosecution and the prospects of gathering evidence that could be used to prosecute. Those are formally reviewed by the relevant authorities on a quarterly basis. This issue is examined further and followed through in that way. I reiterate that it is our priority to get individuals into court on appropriate charges. That is the commitment that the Government have always made.
Some questions were asked about special advocates. As part of the counter-terrorism review, we received a contribution from the special advocates. On 6 July 2010, as part of the package of measures on detainees, the Prime Minister announced a Green Paper on the use of intelligence in judicial proceedings. This will aim to develop a framework for ensuring full judicial and non-judicial scrutiny of intelligence and wider national security activities in line with the Government’s commitments to individual rights and the rule of law, and to protecting national security properly. The Green Paper will need to include consideration of the key concerns that have been expressed about the operation of the special advocate system. We will ensure that the system remains compatible with human rights. We will consider this matter along with the Committee’s other recommendations, and we will respond formally to its report in due course.
Some questions were raised about the use of intercept as evidence. There is an ongoing programme of work on assessing the likely balance of advantage, cost and risk involved in a legally viable model for the use of intercept as evidence, compared with the present approach. Our intention is to provide a report back to Parliament during the summer.
This has been an important debate. We are replacing the control orders with a new, less intrusive, more focused system of terrorism prevention and investigation measures, but we wish to see a safe and managed transition to the new system. This means that, until the new system is in place, we need to retain the control order powers in order to avoid a gap in protection for the public, which is clearly the primary role of the Government. I therefore hope that the House will support the motion.