Terrorism Prevention and Investigation Measures

Diana Johnson Excerpts

Tuesday 21st January 2014 Commons Chamber

[Diana Johnson (Kingston upon Hull North) (Lab)]

Today the House is debating the Government’s first responsibility, which is to keep their citizens safe, in this case from acts of terror, and the expiry of the six TPIM orders on individuals who have been identified as posing a terrorist threat, but who will all have restrictions removed from them, regardless of the security assessment, because of the two-year limit on the life of the orders brought in by the coalition Government.

Different views have been expressed, but one thing unites the House: we would all prefer not to need TPIMs or control orders. We would all prefer to see terrorist suspects prosecuted. That would be fairer, more effective and cheaper, but it is not always possible. We are debating how to deal most effectively and fairly with the small number of exceptional cases that cannot be prosecuted. As the independent reviewer of terrorism legislation, David Anderson QC, has said, those on TPIMs are accused of

“terrorist activities at the highest end of seriousness, even by standards of international terrorism.”

For the past decade, Labour and the Conservatives have agreed on the need to have terrorism orders that are restrictive but viewed by successive Home Secretaries and the High Court to be necessary and proportionate. The current Home Secretary decided to weaken those powers, first by removing the power to relocate, and secondly by introducing an automatic ending of such orders after two years. That leaves a series of questions about her judgment.

As six of the individuals subject to TPIMs will have all restrictions ended this month, owing to the legislation that the Home Secretary introduced, the questions asked by my right hon. Friend the shadow Home Secretary still need addressing: what risk does each man pose, and what action has the Home Secretary taken to reduce the risk? Parliament needs to know whether TPIMs are still fit for purpose and whether reforms are now needed in the interests of public safety. It is important that she recognises that these are genuine concerns.

We heard many excellent contributions in this high-quality debate, including from two former Home Secretaries, my right hon. Friends the Members for Blackburn (Mr Straw) and for Kingston upon Hull West and Hessle (Alan Johnson); from the Chair of the Home Affairs Committee; from the former shadow Minister who led for Labour when the TPIMs Bill went through Committee, my hon. Friend the Member for Bradford South (Mr Sutcliffe); and from my hon. Friends the Members for Glasgow South (Mr Harris), for North Durham (Mr Jones) and for Scunthorpe (Nic Dakin). We also heard three contributions from the Government Benches.

Given the number of points that have been made, I will limit my remarks to the issues that I think the Government still need to respond to. First, the TPIMs regime was supposed to allow more prosecutions at the same time as providing protection for the public. Will the Minister confirm whether any of the individuals subject to TPIMs have actually been prosecuted for terrorist-related activity?

Secondly, we know that two of the people subject to TPIMs have absconded. The fact that the power of relocation is no longer available to the Home Secretary might have something to do with that. Will the Minister agree to reflect on whether it was wise to ignore the advice of the former Conservative Home Secretary, the noble Lord Howard, the former independent reviewer of terrorism legislation, the noble Lord Carlile, and the police when removing the power of relocation?

When TPIMs replaced control orders, Parliament was promised that the introduction of those weaker powers would be accompanied by extra surveillance capacity. The Public Bill Committee was promised an elaborate web of 24-hour surveillance provided by specially trained officers. The cost was predicted to rise from £1.8 million a year for a control order to £18 million a year for a TPIM, but Ibrahim Magag disappeared by getting into a taxi and Mohamed did the same by donning a burqa and removing his tag. Will the Minister set out whether the TPIMs regime provided the direct surveillance of suspects that Parliament was promised? For example, was either of those suspects under direct surveillance when they disappeared?

The Home Secretary pointed out that individuals had in the past been taken off control orders. Indeed they were, but the difference is that in those cases the individuals were no longer deemed to pose a high risk. Now the decision has been taken away from the Government with the automatic ending of a TPIM after a maximum of two years. My right hon. Friend the Member for Blackburn, when pressing the Home Secretary on her personal view on when individuals should come off TPIMs, asked whether she thought that they posed a risk. She refused to answer.

The Home Secretary was also asked whether she thought that the person known as CD still posed a risk. As she was previously able to tell us what the risk assessment was for Magag and Mohamed, it is rather unfortunate that she was unable to be as candid on the Floor of the House in this important debate about these individuals.

Let me say clearly to the hon. Member for Cambridge (Dr Huppert) that nobody wants people to remain on TPIM orders indefinitely, but we do want a proper risk assessment as to when a person should come off a TPIM order, not an arbitrary two-year time limit. That is our position, and I hope he will reflect on that.

Control orders and TPIMs have had some parliamentary oversight from the Intelligence and Security Committee, and that vital form of accountability needs to continue. The Opposition would like an assurance that the ISC will be given the individual risk assessments for each person who is currently subject to a TPIM order and the individual plans for them once they are no longer subject to it.

It would be helpful if the Minister said a little more about what is going to happen after these orders come to an end. He has referred to specially tailored packages, and my hon. Friend the Member for North Durham asked for more information about exactly what that would mean. I understand the constraints that the Minister is under, but a more general comment would be welcome.

When TPIMs replaced control orders, the extra cost continued to be borne by the Home Office. Will the Minister say where any extra funding will come from and clarify whether Ministers will remain responsible for the oversight of these individuals once the TPIM orders have been lifted?

I want to ask the Minister about any additional powers that might be required. The Opposition have offered assistance and co-operation to bring in necessary but proportionate measures on a cross-party basis. My right hon. Friend the Member for Salford and Eccles (Hazel Blears) referred to the issue that David Anderson raised about the possibility of a provision akin to a licence condition being imposed when someone comes off a TPIM order. The Opposition would be willing to consider that with the Minister if he were willing to engage in such discussions.

Will the Minister comment on the restriction on foreign travel? When someone is placed on a TPIM order, their passport should be confiscated, although that did not happen in the case of Mohamed, and we have not got to the bottom of where the passport is or whether it is still in existence. Seven of the current TPIM suspects are thought to have travelled abroad to Pakistan, Syria or Somalia to attend terrorist training camps, where they develop the expertise and skills that make them so dangerous. I heard what the Home Secretary said about the use of the royal prerogative, but will the Minister confirm whether any additional powers are needed to stop these individuals travelling abroad once they are no longer restricted by TPIM orders?

We hope that the Minister will acknowledge that we have used an Opposition day debate to raise an important matter, to offer co-operation on an issue of national security, and to work together on a cross-party basis to make sure that we have legislation that is fit for purpose.