Diana Johnson
Main Page: Diana Johnson (Labour - Kingston upon Hull North)Department Debates - View all Diana Johnson's debates with the Home Office
Counter-Terrorism and Security Bill
Diana Johnson Excerpts(9 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Diana Johnson (Kingston upon Hull North) (Lab)
I thank my right hon. Friend the Member for Salford and Eccles (Hazel Blears) for opening the debate and making a compelling case, along with the hon. Member for New Forest East (Dr Lewis), for why the amendments are important to today’s debate on Prevent. I agree with her sentiments about the appalling events in Sydney. Our thoughts are with the families and friends of the people who died. We stand in solidarity with the Australian people. We stand, too, with the people of Pakistan, where dreadful events have unfolded this morning, with hundreds murdered.
Part 5 introduces a series of obligations on public bodies and local authorities to deliver the Prevent agenda. I hope the Minister will respond to the issue raised by the hon. Member for North Down (Lady Hermon) on part 5 not covering Northern Ireland, and to the issue raised by the hon. Member for Perth and North Perthshire (Pete Wishart) in relation to Prevent in Scotland.
Most of the Bill is taken up with tough measures to tackle those who are thought to be involved in terrorism, but part 5 deals with preventing people becoming involved in the first place. The previous Labour Government introduced the Prevent agenda and we remain absolutely committed to supporting and strengthening it where necessary. However, before we look in detail at the measures to strengthen the delivery of the Prevent programme, I want to point out two areas where I think there are gaps in the Bill. First, there needs to be a much clearer commitment from central Government to do more to support and facilitate the Prevent agenda. A lot of additional duties are being put on to local authorities and public bodies, but there is more of a role for central Government to support them in fulfilling that duty. Secondly, in the past four years there has been some confusion in relation to the Prevent agenda and the roles of the Home Office and the Department for Communities and Local Government. It would be helpful if the Minister is able to enlighten us on the problems that have arisen due the confused situation relating to Prevent.
We all agree that Prevent should be about local delivery, but, as I said, there have been some problems because of a mixed approach by central Government. For example, it was a Government decision early on to reduce the number of priority areas for Prevent from 90 to 23. The Government then realised that leaving areas such as Greenwich out of the priority areas was a mistake, so a number of local authority areas had their funding reinstated. Even within those priority areas, however, I do not think the Government have been paying enough attention to whether the Prevent agenda is being successfully delivered with evaluations. Only four of the 30 priority areas provided evaluations to the office for security and counter-terrorism last year. That is obviously of concern when public money is being spent, because we want to know that it is being used effectively.
There has also been a marked decline in funding streams for Prevent: funding is down from £17 million to £1 million a year. Some of that has been part of a conscious decision about reallocating funding, but questions are raised by the fact that, while £5.1 million has been allocated every year for local delivery, over the past six years more than 60% of it has gone unclaimed by local authorities.
Jeremy Corbyn
My hon. Friend is making a very good point about funding. Does she agree that it is also important, from the point of view of a public message, that we place a strong emphasis on preventing extreme right-wing racism in our society, and on combating it as vigorously as we combat any other kind of issue?
Diana Johnson
My hon. Friend makes a very important point as part of the debate about Prevent spending on combating extremism across the piece.
On the Government’s record with Prevent, it is striking that, while overall spending has gone up—it reached £40 million last year—spending on local delivery accounts for barely 10% of the total. Will the Minister confirm whether those figures are correct?
Local authorities are not the only bodies captured by the new duty. Universities will also be covered and my hon. Friend the Member for Sheffield Central (Paul Blomfield) has just addressed some of the concerns relating to the university sector. However, just because universities are included in this particular duty does not mean that they have not previously been included. My hon. Friend referred to work that was done many years ago to tackle these issues. A significant section of the Prevent agenda is devoted to universities, which are asked to agree Prevent action plans with local police forces. I have repeatedly asked parliamentary questions to find out how many universities actually have a Prevent plan in place, but the Government have repeatedly refused to provide an answer. I do not understand why, because it is not a matter of national security: the information requested is simply a number. Do the Government refuse to answer the question because they do not actually know how many universities have agreed a plan or because they are not willing to tell Parliament? Why are we not allowed to know?
The Bill also extends obligations on schools, which were also not excluded from the previous Prevent agenda. A significant thread of Prevent has always been aimed at schools. Indeed, the 2011 Prevent review identifies a significant number of threats to schools and suggests measures to counter those threats. Given the conclusions of Oftsted’s investigations into Birmingham and Tower Hamlets, the 2011 review seems remarkably prescient. It identified a series of risks facing schools, including that posed by people with radical beliefs who were attempting to obtain positions in schools—that is, on school governing bodies.
The review also identified some challenges that needed immediate action in schools. For example, 70% of schools felt that they needed more training and information to build resilience to radicalisation. To address those issues, the Department for Education committed to a nine-point plan of action to prevent radicalisation in schools. However, it has provided no evidence on the delivery of that plan. I have asked it numerous questions—both written and on the Floor of the House—about the overall implementation of the Prevent agenda and the specific commitments contained in the 2011 review, but I have received no evidence in response to my inquiries. I have asked the Department to provide a general update on its work delivering the Prevent agenda, but to no avail. Will the Minister tell the House whether the measures in the Bill that relate to schools are a response to the failure of the DFE to deliver on previous commitments?
Also missing from the Bill are measures to address radicalisation outside public institutions. Local councils can of course try to counter radicalisation in public places and public bodies, and universities can try to counter it on campus, but as my right hon. Friend the Member for Salford and Eccles said, much more work needs to be done on broadcasting and the internet industries to reduce hate speech and extremism arriving directly into homes through social media and satellite television.
Last week, the Prime Minister announced international efforts in partnership with industry to tackle online child abuse. We all welcome those. However, equivalent measures on terrorist propaganda are in their infancy. Although the Internet Watch Foundation has forged vital links with industry to actively prohibit the dissemination of abusive images, my understanding is that the Home Office’s counter terrorism internet referral unit has never received a referral from a communications service provider about extremist conduct. I will be interested to hear from the Minister whether that is correct. Although we welcome the measures in the Bill, which are about the Government telling other authorities to do more, we should remember that there are areas where the Government themselves could do more and have failed to deliver so far.
I turn now to the specific provisions in the Bill, starting with clause 21, which puts a general duty on various public bodies to tackle terrorism; the bodies are numerous and are listed in schedule 3. The clause is complemented by the provisions in clause 24, which allow the Secretary of State to introduce guidance on how authorities should implement their obligations. The Secretary of State’s power in this area is strengthened still further by the provisions in clause 25 for her to direct public bodies to act in a certain way.
Parliament’s scrutiny of the Bill has been constrained, once again, because we are debating the principle without getting to see the specifics. It is extremely unfortunate that the Government have not published draft guidance to aid our considerations. We have no problem with the principle of a general duty to prevent terrorism, but that could mean a number of things. It is therefore essential that we have access to the guidance, so that we can debate what is in it.
For that reason, the Opposition have tabled amendment 19, which would ensure that the Government must use their powers to issue guidance, and amendment 20, which would ensure that Parliament could scrutinise the guidance under the affirmative procedure. I would like to hear the Minister’s views on those amendments, but if he is not able to accept amendment 20 I will test the opinion of the House on giving Parliament an opportunity specifically to debate the guidance.
The Secretary of State could introduce guidance of potentially enormous scope, which, as my hon. Friend the Member for Sheffield Central said, could have a bearing on free speech and academic freedoms—I would go so far as to say it could even affect patient-doctor relationships—yet at the moment Parliament would have no role in debating that guidance. My understanding is that only one set of guidance will be issued. It will apply to the numerous bodies set out in schedule 3, and will therefore have to apply in disparate settings. It is important that the implications of the guidance are discussed fully in Parliament to allow the potential implications for different sectors to be raised and debated fully.
The guidance will also be important in ensuring that the policies implemented are both efficient and effective. Thousands of similar bodies will be implementing policies under clause 21, and it is important that they do not all start from scratch in deciding how to comply with their new duty. The issues that bodies will need to address are complex and disparate, ranging from the far right, as my hon. Friend the Member for Islington North (Jeremy Corbyn) just mentioned, to the intra-religious issues that have been discussed this afternoon. The Home Office needs to support organisations in dealing with those disparate issues, particularly intra-religious conflicts of the sort we see in Syria, which are the driving force behind the rise of ISIL. They are particularly difficult to address, and public bodies need full support in tackling them.
My right hon. Friend the Member for Salford and Eccles talked earlier about the counter-narrative issue and the Muslim community is trying very hard to combat sectarianism with a narrative of peace and unity. Public bodies should be supporting community bodies in doing that, but they need guidance on how best to achieve it. That is why the Opposition think we must have guidance and that it must be properly and effectively scrutinised. I hope that the Minister will therefore agree to accept amendments 19 and 20.
Pete Wishart
I presume from her comments that the hon. Lady does not want Scotland included in this. I am sure that she has heard about the different, more holistic approach that we have. Could she help us to persuade the Minister to allow us to do our thing uninterrupted by what has been proposed in the Bill?
Diana Johnson
We are at the Committee stage of the Bill, looking specifically at the Government’s provisions. Scotland is covered by Prevent. I am concerned that within schedule 3, which lists the bodies that are covered by the duty, there is nothing from Scotland. That worries me. I want to hear from the Minister why that is and what discussions are being held. As the rest of the Bill applies, I assume that there is a gap that needs to be filled.
On Northern Ireland, when the Government introduced the Anti-Social Behaviour, Crime and Policing Act 2014, they neglected to consult the Northern Ireland Executive. The result is that, after four years, the National Crime Agency still does not have a remit to work in Northern Ireland. I am concerned that we could end up with a similar situation with Prevent and the agenda in Scotland.
Lady Hermon
I am grateful to the hon. Lady but I just want to correct a tiny detail. The National Crime Agency’s full remit does not extend to Northern Ireland because Sinn Fein and the Social Democratic and Labour party refused to allow that. It is not about consultation with the rest of the parties or with the Northern Ireland Executive; they all want it. The people of Northern Ireland want it, but two parties are holding the rest of us hostage, so to speak.
Diana Johnson
I am grateful to the hon. Lady for that comment and for putting the record straight.
Although clause 38 is not covered by this group, I want to refer to it as it confers upon the Secretary of State the power to make amendments to any piece of legislation that interferes with the operations of the Bill, including Acts of the Scottish Parliament or Welsh Assembly. If I have read this correctly, if the Home Secretary thinks, for example, that the setting up of a new type of school in Scotland by the Scottish Parliament is affecting not just the implementation of clause 21 but the specific policies provided for under clause 24, she can change the devolved legislation on its operation. She can even do that without consulting the relevant Government, which is why I have tabled amendment 18, which we will discuss in the next group.
Similar issues exist with the Channel programme. It would be placed on a statutory footing alongside the rest of Prevent. As with Prevent, this is a policy area of enormous importance and the Opposition support efforts to strengthen it. Once again, however, the Government are putting obligations on local authorities without ensuring that there are provisions to make sure that they are fully supported by central Government. Clause 28 provides for the creation of local assessment and support panels in every local authority. According to clause 33, this includes county councils, district councils and unitary authorities in England and Wales. Again it seems that the Government have not yet reached agreement with the Scottish Government on how this would be implemented in Scotland. I am sure that the Minister will respond to that point. In addition, the legislation is not clear on which local authorities are meant to have a panel when there are multiple tiers of local government. Does the responsibility rest with district or county councils? What happens where there are unitary authorities and district councils? Has this yet been decided and thought through? The impact assessment says that local authorities will be able to combine to create support panels, but can the Minister explain why that is not provided for in the Bill?
Many panels should already exist and comply with the current guidance provided by the Home Office. Will the Minister tell the Committee how many councils have created these boards and what assessment has been made of their operation? What evidence led the Government to decide that the current system was not working? I have asked parliamentary questions about this in the past, but the Government have refused to give details or even to confirm that a monitoring framework is in place. Will the Minister provide further information about how well these panels are working?
Under clause 28(3), a chief officer of police must make the referral to the local support panel. The current system allows numerous local bodies, including schools, colleges, universities, youth offending teams, local authority troubled families teams, charities and voluntary groups to be able to refer to the police, who can then conduct a screening process. Will the Minister confirm that this process will be allowed to continue, and will he explain why this particular aspect was not put on a statutory footing as well?
My first concern is with the level of expertise that these panels must have, which is why I tabled amendment 21. As provided for in the Bill, local support panels have to assess the individual’s risk of radicalisation and tailor a support package to address those risks. The issues are complex: the current guidance cites 22 vulnerability indicators that may lead to a Channel referral. The panel must weigh up these factors and tailor a support package, which could have any number of elements. In some areas, the panel will be addressing issues it has not faced before, such as sectarian hatred, which can be exacerbated by poorly provided support.
This is why we feel the Home Office needs to support local panels by providing an approved list of support providers who are able to give the specialist interventions needed to address the specific issues facing the individual. The panel is tasked with assessing the progress the individual makes, but it does not necessarily have the ability to assess the quality of support provided by other agencies, which is why we want the Home Office to assess providers.
The Government have repeatedly claimed to be stepping up efforts to stop Prevent funding going to organisations that could be radicalising people. That cannot be done unless the Home Office takes a lead in vetting those bodies. Under clause 32, the Home Secretary may indemnify Channel providers, so it seems quite reasonable for her to assess them as well. Indeed, it is my understanding that the Home Office, along with regional groups of police forces, do provide this level of support. It is our view that this role should be in the Bill, alongside the responsibilities given to local authorities. I hope that the Minister will be able to accept this amendment. We both want to see support working better to provide locally led interventions, but the Home Office needs a stronger role in supporting local authorities.
The second amendment I shall speak to is amendment 22, which seeks to expand the membership of panels provided for under clause 29. At present, the Bill provides for just two statutory members of the panel: the local authority and the local police force. The local authority may, according to the explanatory notes, appoint other members. This contrasts sharply with current best practice as set out in the Home Office guidance, which suggests panels of up to 14 members. We do not think all need to be on every panel, and indeed many of them are part of the local authority, so they could be brought in as and when necessary, but we do think that both probation and health professionals should always be on the panel.
There are two advantages to increasing the expertise on the panel. First, the panel will be in a better position to assess the 22 vulnerability indicators that I mentioned and to make a correct decision. Secondly, it ensures that more of the bodies that will provide the support have a role in determining that support. If we look at the existing guidance, we find that it may include: life skills, anger management, cognitive and behavioural contact, health awareness contact and drug and alcohol awareness. Each of those categories would obviously need to be tailored, and would come with a cost. We therefore think it is important for probation and health professionals to be included as statutory members of the panel.
Diana Johnson
We have not had the advantage of seeing that guidance. Is the Minister saying that there will be just one set of guidance covering all the bodies we have been discussing this afternoon?
James Brokenshire
It is intended to be one set of guidance covering all the relevant public bodies, but our intention is not simply to publish it; we also intend to hold a public consultation. It is not simply about the House being satisfied with the guidance; we intend to consult widely so that these issues can be examined carefully. The hon. Lady also mentioned clinical commissioning groups. Certainly, as part of the consultation, we will want to receive inputs regarding whether any other bodies should be brought within the ambit of the Bill.
Diana Johnson
I beg to move amendment 24, page 22, line 14, leave out subsection (1) and insert—
“(1) The Secretary of State shall by regulations made by statutory instrument establish a body to—
(a) provide advice and assistance to the persons appointed under—
(i) section 36(1) of the Terrorism Act 2006,
(ii) section 31(1) of the Terrorist Asset-Freezing &c. Act 2010, and
(iii) section 20(1) of the Terrorism Prevention and Investigation Measures Act 2011,
in the discharge of their statutory functions;
(b) review the operation, effectiveness and implications of the Anti-Terrorism Crime and Security Act 2001, the CounterTerrorism Act 2008, this Act, and any other law or prerogative power to the extent that it relates to counter-terrorism;
(c) consider whether such legislation contains appropriate safeguards, is proportionate and remains necessary;
(d) review intelligence-sharing guidance and practice to the extent that it relates to counter-terrorism and the functions of the Board;
(e) make recommendations to any public authority about the exercise of its statutory functions relating to the prevention of terrorism;
(f) undertake inquiries relating to counter-terrorism when invited to do so by the Home Secretary, the Treasury or the Secretary of State for Northern Ireland, or on the initiative of the Board;
(g) encourage good practice in the prevention, investigation, detection and prosecution of terrorism.
(h) provide advice and assistance to Government on the development and implementation of policy relating to the prevention of terrorism.”
This expands the remit of the body to match that which is described in the Government‘s Terms of Reference for this body.
The Temporary Chair (Mr Gary Streeter)
With this it will be convenient to discuss the following:
Amendment 23, page 22, line 22, leave out “Privacy and Civil Liberties Board” and insert “Counter Terrorism Oversight Panel”.
This would rename the body created by Clause 36.
Amendment 25, page 22, line 25, at end insert
“in accordance with the Code of Public Appointments”.
Amendment 26, page 22, line 32, at end insert—
“(i) the information-gathering powers of the board;
(j) reporting requirements, and the formulation of and consultation on an annual work plan;
(k) the access to such relevant classified material as may be required in order for the board to undertake its functions under subsection (1);”
This increases the points that have to be included in regulation brought forward by the Secretary of State to include information gathering powers, formulation of an annual work plan and relevant to classified material.
Amendment 8, page 22, line 32, at end insert—
“(3A) Regulations under section (3) shall include provision requiring the board to undertake an inquiry into the retention of and access to data relating to professions that operate under a duty of confidentiality.”
Amendment 9, page 22, line 34, at end insert—
“(4A) Regulations under section (3) shall provide for the membership of the board to include representatives of professions who operate under a duty of confidentiality.”
Amendment 10, page 23, line 9, at end insert—
““professions who operate under a duty of confidentiality” shall include, but not be limited to, journalists, legal representatives, medical professionals and Members of Parliament.”
Clause 36 stand part.
Clause 37 stand part.
Amendment 18, in clause 38, page 23, line 31, at end insert—
“(4A) The Secretary of State must consult with Welsh Ministers before making provisions under subsection (1) so far as relating to any Measure or Act of the National Assembly of Wales.
(4B) The Secretary of State must consult with Scottish Ministers before making provisions under subsection (1) so far as relating to any Act or instrument of the Scottish Parliament.
(4C) The Secretary of State must consult with the Northern Ireland Executive before making provisions under subsection (1) so far as relating to any Act or instrument of the Northern Ireland Assembly.”
This would ensure that the Secretary of State could not amend legislation from the Scottish Parliament or Welsh Assembly or Northern Ireland Assembly without first consulting with the Scottish or Welsh Governments or the Northern Ireland Executive.
Clauses 38 to 41 stand part.
Government amendment 12.
Clauses 42 and 43 stand part.
New clause 3—Intercept Evidence—use in legal proceedings—
“(1) Section 18 of the Regulation of Investigatory Powers Act 2000 (c.23) is amended as follows.
(2) After paragraph 1(f) insert—
“(g) any proceedings relating to an offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence triable only on indictment (“an indictable-only offence”) under section 51 of the Crime and Disorder Act 1998.””
This new Clause removes the exclusion of intercept evidence from legal proceedings in criminal prosecutions.
New clause 7—Review of Intelligence and Security Committee of Parliament resources and powers—
“The Secretary must, within a reasonable time period, consult the Intelligence and Security Committee of Parliament and lay a report before Parliament within six months of the commencement of this Act, on the resources and powers of the Intelligence and Security Committee of Parliament.”
Diana Johnson
This group of amendments relates to the Government’s plans to create a privacy and civil liberties board. Clause 36 does not actually tell us very much—it is an enabling clause—so I have tabled amendments 24 and 25 to allow us to debate what the board will actually do.
As the clause is drafted, we have a name for the board, and there are three possible ways it could go. First, we have an idea of what a privacy and civil liberties board could look like from its name, which invokes the idea of a body with a wide remit of work on privacy and civil liberties issues in the United Kingdom, and which would safeguard human rights. Such a body would be very similar to the Joint Committee on Human Rights, which was created by a Labour Government.
Secondly, the Home Office has published terms of reference, which suggest a body that will support the independent reviewer of terrorism legislation in providing oversight of counter-terrorism legislation in the UK and investigating the operation of that legislation. We think that what is contained in the terms of reference is sensible and would provide both capacity and openness in the oversight of counter-terrorism policy. However, as I have said, clause 36 is quite an empty provision at the moment.
The third possible version of the board is as currently constituted in clause 36, which gives the Home Secretary powers to create—in future, if she wishes to do so—procedures, membership and the work plan for the board and provisions on publishing of reports. All those details are left to future secondary legislation.
If the body is created it is important that it has strong powers. Our amendments 23 to 26 would help achieve that. The post of independent reviewer of terrorism legislation has been around for over 40 years and its current formulation was created by a Labour Government. The post works well, and both holders of it since 2001 have served with real distinction. That does not mean that we are opposed to further strengthening of the oversight arrangements. Earlier this year, the current independent reviewer, David Anderson, QC, identified the limitations of his reviewer role, including the fact that it was restricted to certain statutes and the fact that significant powers, including those in the Counter-Terrorism Act 2008, were excluded and were therefore going unreviewed. He also pointed out that as a part-time reviewer without proper administrative support, he has extremely limited capacity.
Mr David Davis
I guess that the precursor of the proposal is the organ with exactly the same name in the United States, which was activated only after the Snowden events, when information was not just put in the public domain but became controversial and raised issues in Washington. The danger is that the body becomes toothless, does not have investigatory powers and cannot pre-empt a future Snowden. It seems to me that the most important aspect of that is the investigatory powers, not the rest.
Diana Johnson
I am sure that the right hon. Gentleman will contribute to the debate, and I certainly have things to say about the title of the body and what it will be doing.
It is important to note what David Anderson said about being a part-time reviewer without proper administrative support and limited capacity. If the proposals on clause 36 were meant to address those concerns, they do not achieve that. They do nothing to address the areas of counter-terrorism legislation excluded from the remit of the commissioners, such as those in the 2008 Act, the powers in this Bill or use of the royal prerogative. David Anderson notes:
“These omissions reduce confidence in counter-terrorism law and are hard to understand, particularly after the Home Secretary agreed, as recently as March 2013, that ‘the scope of the Independent Reviewer’s responsibilities should keep pace with changes to primary legislation’, and accepted in principle my recommendation that the 2001 and 2008 Acts ‘should be examined with a view to extending your statutory functions to include the review of relevant sections of those Acts’. Indeed, as initially proposed in July, the functions of the PCLB would have extended to both these Acts.”
The Bill does not address issues of capacity and resources for the independent reviewer, either, although the impact assessment suggests that the board will receive far greater resources than those given to the independent reviewer. The cost of members of the board seems to take up much of that, and the impact assessment anticipates that the rate will be £897 a day. Is that correct and will the Minister comment on it?
The work that members of the board will do is not clear, either. The current reviewer describes the relationship between the independent reviewer and the proposed new board as
“ill-defined and potentially problematic”
and goes on to say that
“the idea is…for the Board ‘to provide advice and assistance’ to the Independent Reviewer. Both advice and assistance are always welcome: but the former, including from the most eminent and knowledgeable quarters, is already frequently sought and freely given, whereas the latter is critically lacking. To require the Independent Reviewer to chair a Board…will make further claims on the Independent Reviewer’s time and could easily lead to competing priorities and inefficiencies. For there to be a net benefit, commensurate with the cost of resourcing the Board, its members will have to be doers rather than talkers, willing to accept direction in relation to often unglamorous researching and writing tasks.”
The Bill does not make provision for this, nor does the impact assessment’s description explain who will undertake the research and assistance roles that are so badly needed.
Finally, there is an issue about access to documents. Will the panel be security-cleared to the same standard as the independent reviewer? Will the staff? What will be the procedures for redacting documents either before they are passed on to the board or before they are published? These are the issues we are trying to address with our amendments.
Amendment 24 has been tabled to ensure a board with a statutory remit that includes the areas that the independent reviewer does not cover. It will also ensure that the board could respond to other areas of considerable and understandable public concern about the operations of counter-terror policy. We want the board to consider not just privacy but other human rights impacts, as well as the effectiveness of counter-terror policy. As David Anderson points out, counter-terrorism oversight in the past has taken strength from not being limited. If the office of the independent reviewer has influence with the authorities, it is in part because the reviewer can make recommendations to improve not just the fairness, but the effectiveness of counter-terrorism law.
Importantly, especially given the earlier discussions about the breadth of public bodies going to implement Prevent, we also want the board to be allowed to make recommendations to public bodies and public authorities. We tabled amendment 25 in particular to ensure that appointments to this body are made in line with the code of public appointments. We want the board to include real experts who will be able to access materials and provide real insight. We do not want a body compiled through patronage. We tabled amendment 26 to ensure that the statutory instrument creating this body addresses key questions about information gathering, reporting and access to documents.
We would rename the body to give it a title that reflects the nature of what it will actually do. As I said, the current name is misleading. As David Anderson has pointed out, the name not only offers little clue as to the function of the proposed body, but suggests a pure civil liberties watchdog, which this is not. It is not clear why privacy is singled out. Other important human rights are potentially infringed by counter-terrorism law, including the right to liberty, the right to a fair trial and freedom of expression. Mr Anderson takes issue with the word “board”, which he feels is better suited to the historical management of waterways than to the rigorous exercise of scrutiny under the direction of an independent reviewer. So Labour would call the board “a counter-terrorism oversight panel”, and we would give it the powers to back that up.
If the Government are genuinely committed to creating the body they outline in the terms of reference, they should accept these amendments without any hesitation. Of course, this is only part of the oversight package that we require. When the Justice and Security Bill was before the House, the Opposition suggested a number of ways of strengthening the Intelligence and Security Committee to give it a stronger, more independent and more open remit. We remain absolutely committed to the ISC and want it to continue to play a vital role in the oversight of the security agencies alongside a more prominent role for the intelligence commissioners, which is why we tabled new clause 7.
Let me turn briefly to the miscellaneous provisions, particularly clause 38, to which I have tabled amendment 19. Under clause 38, the Secretary of State can make changes that are
“consequential on any provision of this Act”
in any piece of legislation made by any UK legislative body, including the Scottish Parliament and the Welsh Assembly. This is important because under part 5, and particularly under clauses 21, 24 and 30, the Bill creates obligations on a range of bodies that are otherwise entirely devolved. As I mentioned in speaking to an earlier group of amendments, I do not think the Home Secretary should be able to amend devolved legislation without first consulting the relevant Government. That is why we tabled amendment 19, which I hope the Minister will feel able to accept.
Mr David Davis
I shall speak to new clause 3, tabled in my name. It is entitled “Intercept Evidence—use in legal proceedings”. It is a probing amendment and I do not propose to press it to the vote on this occasion. If I had wanted to press it, I would have included in the new clause the relevant legal machinery required, which is complex but not difficult to achieve if I wanted to do so. My aim is to provoke some sort of non-partisan debate on what is the cornerstone of counter-terrorism strategy—the legal treatment of intercept evidence. If need be, depending on what the Minister says and what the Government do in the meantime, I shall come back to the issue on Report.
The United Kingdom is unique among major western powers—common law powers and European Union countries—in not allowing the use of intercept evidence in court. I shall come on to the few exceptions in a moment. Why is that the case? It is difficult to know. GCHQ and its predecessor has always resisted putting any intercept evidence into the public domain. Frankly, this has probably been the case since the invention of the telephone. In the early days, I suspect it happened because gentlemen thought it ungentlemanly to listen in on other people’s conversations. Today, however, the argument advanced by the agencies concerns the protection of technique and capacity. Their attitude is very different from that of every other agency of its sort in the world. All our allies in the “five eyes” countries and beyond are equally concerned about protecting capability, but they also give high priority to the prosecution and conviction of terrorists and those who commit serious crimes. They manage to square that circle, but we do not appear to be able to do so at present.
Diana Johnson
I listened to what the Minister said, in particular, about the amendments on clause 36. While I will not press them to a vote, I am minded to reserve our position until we return after the Christmas break. I thank everybody for their contributions to the Bill’s Committee stage on the Floor of the House, and wish everybody a very merry Christmas. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clauses 36 to 41 ordered to stand part of the Bill.
Clause 42
Commencement
Amendment made: 12, page 25, line 3, at end insert—
“() section 18(10);”—(James Brokenshire.)
Clause 42, as amended, ordered to stand part of the Bill.
Clause 43 ordered to stand part of the Bill.
The Deputy Speaker resumed the Chair.
Bill, as amended, reported.
Bill to be considered tomorrow.
Mr David Winnick (Walsall North) (Lab)
On a point of order, Madam Deputy Speaker. I understand that references have been made during the course of today’s proceedings to the atrocities that have occurred in Pakistan. The latest information is that 141 have been murdered in Pakistan, of whom 132 were children aged between five and 14. As we would all agree, this has undoubtedly been an act of murderous inhumanity.
Madam Deputy Speaker, I raise this point of order not just to give the latest information, but to ask you whether there is any way in which the House can express its horror at and condemnation of what has occurred in Pakistan. It is an act of terror carried out —and recognised and admitted as such—by the Taliban. I hope that it will be possible for such condemnation to be expressed by the House.