Prevention and Suppression of Terrorism

Jeremy Corbyn Excerpts

Wednesday 19th January 2011 Commons Chamber

[The Minister for Immigration (Damian Green)]

I beg to move,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2011, which was laid before this House on 17 January, be approved.

There remains a severe and sustained terrorist threat to the UK and its interests abroad. The Government are determined to do all that they can to minimise this threat. Proscription of terrorist organisations is an important part of the Government’s strategy to tackle terrorist activities. We would therefore like to add the organisation Tehrik-e Taliban Pakistan—the TTP—to the list of 46 international terrorist organisations that are listed under schedule 2 of the Terrorism Act 2000. This is the ninth proscription order amending schedule 2 to that Act.

Section 3 of the Terrorism Act 2000 provides a power for the Home Secretary to proscribe an organisation if she believes it is concerned in terrorism. The Act specifies that an organisation is concerned in terrorism if it commits or participates in acts of terrorism, prepares for terrorism, promotes or encourages terrorism—that includes the unlawful glorification of terrorism—or is otherwise concerned in terrorism. The Home Secretary may proscribe an organisation only if she believes it is concerned in terrorism. If the test is met, she may, at her discretion, proscribe the organisation. In considering whether to exercise this discretion, she takes into account a number of factors, which were announced to Parliament during the passage of the Terrorism Bill in 2000.

[Jeremy Corbyn (Islington North) (Lab)]

It is not on the particular organisation that I want to intervene, but as I understand it, the debate is restricted to that organisation. Can the Minister tell us whether he has any plans to review any other organisations that are on the list, such as those representing the Kurdish and Tamil communities, as a way of promoting political dialogue and discourse to bring about peaceful resolutions to conflict, rather than people resorting to violence?

[Damian Green]

I am grateful to the hon. Gentleman for that intervention. He will understand that, for obvious reasons, it is not the Government’s policy, and never has been the policy under any Government, to discuss whether an organisation is or is not under consideration for proscription. It would clearly be foolish for any Minister to give running commentaries on what is going on with individual organisations, so I do not propose to start now.

--- Later in debate ---

[Jeremy Corbyn (Islington North) (Lab)]

I hope you are enjoying your birthday, Mr Speaker, and that this is an appropriate way to celebrate it.

I hold no brief for Tehrik-e Taliban Pakistan, and I do not wish to defend or support them in any way this evening. However, I want to follow the points made by other hon. Members on the process, which is not satisfactory. We add to the list of banned organisations during a Parliament, but the additions cannot be amended and the subject of the proscribed list is not open to general debate. There is therefore an argument for reviewing that process, and I hope the House heard what the Chair of the Home Affairs Committee said—he seemed to indicate that his Committee might well be prepared to conduct an inquiry into the process.

The legislation is now 10 years old. According to the list that I have just downloaded, 46 organisations are proscribed under the 2000 Act, and a further group of organisations are banned in Ireland—presumably that ban applies in this country too. The list contains organisations that clearly no longer exist, and organisations that have changed their names and exist under others. It therefore seems to me to be high time to review the whole question.

I take the point made by the hon. Member for Keighley (Kris Hopkins). Proscribing an organisation from a particular country or community affects that country or community, and it affects the attitudes that officials take towards them. It is therefore necessary to consider such things very seriously. For example, my right hon. Friend the Member for Leicester East (Keith Vaz) asked about the LTTE, but it no longer exists and the situation in Sri Lanka has changed dramatically. I would have thought that we ought to look at that as a way of promoting political discourse and dialogue to ensure that the Tamil community has a place for negotiation, representation and political action. That is surely what we are trying to achieve.

[Keith Vaz]

Another point is the pressure that proscriptions put on the police and their resources. We must be very careful how we proceed with proscription, because the police must go out there and interview members of the community, and possibly prosecute people.

[Jeremy Corbyn]

Indeed we must, because proscription puts a requirement—not just a pressure—on the police to do those things. Therefore, there is the potential for an enormous waste of resources, not to mention damage to community relations. After all, in this country, as I understand it, we try to include and incorporate, and to build good community relations rather than divisions.

[Rehman Chishti (Gillingham and Rainham) (Con)]

As somebody of Pakistani origin, may I say that the wider expatriate Pakistani community will fully support the decision to proscribe this terrorist organisation—there is no other way to describe it? Also, the people in Pakistan want a safe, prosperous Pakistan, whereas this organisation is committed to everything that works against that. This organisation was proscribed in 2008 in Pakistan, in 2010 in the United States of America and now in the United Kingdom. Should these periods not be shortened? As the host country of Pakistan proscribed it in 2008, should it not then have been proscribed in other countries soon after, so that it does not have the chance to launder money in other countries?

[Jeremy Corbyn]

rose—

[Mr Speaker]

Order. Subsequent interventions should not imitate that which we have just heard, in terms of length at any rate; it was very erudite but also a bit long.

--- Later in debate ---

[Jeremy Corbyn]

I also think it is an intervention that ought to have been directed at the Minister, not me, and perhaps the Minister will respond to it.

Obviously, there is a point in what the hon. Gentleman has said, but I also think it is important that this country does not just automatically proscribe an organisation because Government X, Y or Z has said so. If we did that, our history would be very different. Apartheid South Africa banned the African National Congress, yet the ANC had offices in this country, organised in this country, was completely open in this country, and eventually apartheid fell and the ANC became the Government of South Africa. I think we have to be a little careful about making instant responses all the time to banning requests made by particular regimes. I hold no brief whatever for the organisation under discussion tonight; I just think one should be slightly cautious.

Kongra Gele Kurdistan is listed, together with a number of Somali organisations. I have a very large Kurdish community in my constituency, as well as a very large Somali community. None of the people I speak to or represent holds any brief for violence or terrorist actions. They want a political development and a political solution to their problems in Somalia and Kurdistan. I suspect that the Minister will have difficulty in replying to this point tonight, but I urge him to look seriously at those organisations and to review the need for a positive democratic dialogue and process with the Kurdish people to bring about a peaceful resolution in Turkey, and the same goes for Somalia.

Banning and proscription do not necessarily work. What works is political dialogue. Let us consider what happened in Northern Ireland. Gerry Adams and John Hume came to an agreement and we eventually brought about a whole peace process there. It is important to look for positive solutions, rather than instant banning and the use of the state apparatus to suppress legitimate political activity.

[Andrew Griffiths (Burton) (Con)]

The hon. Gentleman argues that the democratic process and dialogue cannot take place because some of these groups have been proscribed. He seems to suggest that that in some way hampers democratic dialogue. Clearly, these organisations do not speak for their communities as a whole, however. He mentioned that many of these groups no longer exist. Is it not the case that they no longer exist simply because they were proscribed?

[Jeremy Corbyn]

There are various reasons why they are not in existence; some are to do with proscription, but some are to do with military activities in the countries concerned. There is a whole host of reasons.

My point is that proscribing organisations that probably do not exist, and in some cases naming people or suggesting naming people who are alleged to be representatives of those organisations, in turn limits their opportunity for legitimate political activity and political dialogue. I have drawn the parallel with what happened in Northern Ireland, and the parallel of the attitude that was adopted not by this country but by others towards the ANC in South Africa when the apartheid regime wanted it banned worldwide. I just think one has to look to bring about a solution to such problems, rather than having too simple a process.

I hold no brief whatever for the organisation under discussion, and the will of the House is clearly that the order should be passed. I just wanted to use this opportunity—I thank you for allowing me it, Mr Speaker—to encourage the Minister to consider the points that have been put by my right hon. Friend the Member for Leicester East (Keith Vaz), myself and others who have concerns about the process involved in this order.

[Mr Speaker]

With the leave of the House, I call the Minister to reply to the debate.

Temporary Immigration Cap

Jeremy Corbyn Excerpts

Monday 20th December 2010 Commons Chamber

[Damian Green]

I do agree with the shadow Home Secretary on that point. He has said many interesting things about immigration—facing both sides of the issue, as he frequently does. However, I think that the country has decided. People want immigration limits, they want immigration brought down, and they elected this Government to do precisely that.

[Jeremy Corbyn (Islington North) (Lab)]

As the Minister appears to be under some pressure from employers in the private sector and the academic and research institutions with regard to the operation of the cap, is it such a good idea to reimpose a temporary cap tomorrow, rather than letting the consultation run its course and then coming up with a more thoughtful answer early next year?

[Damian Green]

I think that the hon. Gentleman is, perhaps understandably, confused about the nature of the consultation. The consultation was on the permanent limit. That consultation is now over, and my right hon. Friend the Home Secretary made a statement a few weeks ago which was, indeed, welcomed by business groups. We have laid to rest the legitimate concerns that business groups had about the operation of the permanent cap, which will now proceed—as was always intended—from April.

Public Order Policing

Jeremy Corbyn Excerpts

Monday 13th December 2010 Commons Chamber

[Mrs May]

I am happy to join my hon. Friend in commending the restraint shown by the royal protection officers, as did the Metropolitan Police Commissioner on Friday morning in his radio interview. It was important that the officers concentrated on getting His Royal Highness and the Duchess of Cornwall to their venue, which they did admirably and in a short space of time. They did indeed respond with restraint.

[Jeremy Corbyn (Islington North) (Lab)]

I met a number of students last Thursday evening who were shocked and distressed. They were entirely peaceable people, but they had been held for seven hours against their will on the streets of this capital city and they were terrified when horses charged into them while they were taking part in a demonstration to raise their legitimate concerns. Will the Home Secretary have a serious discussion with the Metropolitan Police Commissioner about the use of kettling tactics and corralling people against their will when they wish only to demonstrate peacefully against what they see as—and I agree with them—the monstrous imposition of a fees increase.

[Mrs May]

I am afraid that the picture of what happened last Thursday as set out by the hon. Gentleman is somewhat different from what happened. Yes, there were peaceful protesters, and the police were making sure that those protesters were able to leave the Parliament square area if they wished to do so. I hoped that the hon. Gentleman would join me in condemning the violence shown by the significant number of people who came to the demonstration intent on creating criminal damage, trouble and mayhem. I hope he will also condemn the appalling behaviour of the individual who sought to desecrate the Cenotaph.

Prevention and Suppression of Terrorism

Jeremy Corbyn Excerpts

Wednesday 14th July 2010 Commons Chamber

[The Secretary of State for the Home Department (Mrs Theresa May)]

I beg to move,

That the draft Terrorism Act 2006 (Disapplication of Section 25) Order 2010, which was laid before this House on 24 June, be approved.

Our country has many years’ experience of dealing with terrorism. Five years after the appalling events of 7/7, the threat from Islamist terrorists is well known. The threat from dissident Irish republican terrorists has not gone away, and new threats will undoubtedly emerge in future.

Terrorism is not just another crime. Its purpose is political, its methods are barbaric and its effects can be devastating. For those reasons, dealing with terrorism and terrorist suspects cannot be treated in the same way as dealing with other crimes and other criminal suspects. The potential loss of life from terrorism means that the priority of the police and security agencies is to stop attacks happening in the first place. That often means that they have to intervene at a very early stage to prevent the terrorists’ plans from becoming too far advanced, which often means that there has been insufficient time to gather enough admissible evidence to charge the suspects. So, uniquely in terrorism cases, it is often after arrest that most of the evidential investigation takes place.

Furthermore, once arrests have been made the police can be presented with an enormous volume of information, which is exacerbated by three things: first, modern communications, because of the increasing and more sophisticated use of encryption; secondly, globalisation, because of the complexity of international terrorist networks and the need for co-operation in often difficult diplomatic circumstances; and, thirdly, the ambitions of the terrorists, because of the need for forensic examination of the hazardous and volatile materials that many wish to use as their weapons.

Unlike Ministers in the previous Government, I say that not to make the case for 28 days’, 42 days’ or 90 days’ detention before charge, but because I believe that it is important to remember during the debate the gravity of the threat that we face, and the difficulty of the job done by the police and the intelligence and security services.

[Jeremy Corbyn (Islington North) (Lab)]

Obviously, one understands that there is an important and serious job of investigation to be done. However, this country has a uniquely long period of pre-trial detention—far longer than that of any comparable country. I know that the Home Secretary has undertaken a review of that, so would it not be sensible to give a signal that we intend to reduce the length of pre-charge detention, by decreasing it to 14 days today rather than reaffirming the 28-day order? We reaffirmed the prevention of terrorism Acts throughout the 1980s and 1990s. Every time we said that the matter would be re-examined. Maybe this time, we should do something.

[Mrs May]

If the hon. Gentleman has some patience and listens to what I am saying, he will hear the signal that I want to give about 28 days. However, he will recognise that, by definition, the fact that I have moved that the order for the 28-day measure be continued for six months means that I am not suggesting that the detention period should change to 14 days today.

I have set out the nature of the threat, and it is important that we recognise its gravity in the debate, but it must be met by taking proportionate action, and the job must be done with proportionate powers. That is why, yesterday, I announced the inclusion of pre-charge detention in my review of counter-terrorism powers, along with control orders, stop-and-search powers, the use of the Regulation of Investigatory Powers Act 2000, deportations with assurances, and measures to deal with organisations promoting hatred or violence.

I want to make it absolutely clear to the House that I consider the 28-day limit to be a temporary measure, and I want it brought to an end once I have completed my review. Since the power to detain for 28 days was passed by Parliament and came into force in July 2006, 11 people have been held for more than 14 days, eight were charged with terrorist-related offences, and four were found guilty. Of those, six people have been held for between 27 and 28 days, three were charged with terrorist-related offences, and two were found guilty. No suspect has been held for more than 14 days since July 2007. When one considers that in the 12 months ending in December 2009 28 terrorism-related trials were completed, with 93% convictions, including six life sentences, it is clear to me that the power to detain for up to 28 days is not needed routinely for the police to investigate, interrogate and charge terrorist suspects.

The possibility remains that in some extreme circumstances it might be necessary to detain some suspects beyond 14 days, but those circumstances remain rare and extreme, and we need to be sure that the powers are never abused. That is why we need to take time to consider pre-charge detention as part of the review of counter-terrorism powers. Therefore, in moving today’s motion, I am asking hon. Members not to support 28 days indefinitely, nor to support 28 days for 12 months, as was envisaged in the Terrorism Act 2006, but to support a renewal for six months while the counter-terrorism review considers how we can reduce the limit.

The draft order that I have laid before the House will come into force on 25 July and will expire on 24 January 2011. After that, it will be up to me as Home Secretary to come back to the House to ask for a further extension, to let the limit fall to 14 days, or to present new proposals that reduce the limit but introduce contingency arrangements in extreme circumstances.

The review of counter-terrorism powers will, as I said yesterday, be informed by the principles of the coalition Government. Those principles—shared principles—are based on a respect for our ancient civil liberties and individual freedom. There is nothing we take more seriously than our duty to protect the public, but in doing so we will not, as the previous Government did, forget to defend our way of life.

--- Later in debate ---

[Alan Johnson (Kingston upon Hull West and Hessle) (Lab)]

It seems that the Home Secretary and I are allies in the debate this afternoon—although, having read her written ministerial statement and listened to her speech, I think that she is adopting the position of St Augustine—“Lord, make us virtuous, but not yet”. The Home Secretary and I have many things in common, among them our charm, panache, looks and preference for flat shoes. And we both voted for 28 days in 2005. Neither of us has ever voted against 28 days, and we both belong to political parties that made no mention of reducing pre-charge detention of terrorist suspects in our manifestos.

This issue will, of course, form part of the review that the Home Secretary rather foolishly described yesterday as putting right the failures of the previous Government. If 28 days was a failure, it is strange that she should advocate the continuation of that failure today. She is right to do so: as so often with the Home Secretary, the problem is not so much what she does as the way in which she does it. She told us yesterday that personally she was always in favour of 14 days. We understand that it is impossible to tell what she believes from her voting record, but this fervour for 14 days has been a well-kept secret. She has always actually voted for 28 days.

Incidentally, the person whom the Home Secretary has appointed to provide independent oversight of the review—the former Director of Public Prosecutions, Lord Macdonald of River Glaven—made clear in evidence to the Home Affairs Committee his support for 28 days, stating:

“We welcomed the increase to 28 days and we felt that a period of 14 days was not sufficient. It seems to us that 28 days has been effective and has provided us with powers, supervised by the courts, which have been useful to us as prosecutors in making appropriate charging decisions within that period.”

This review, like Brighton seafront, has two peers—both Lib Dems—and the views of Lord Macdonald are completely in line with the view of Lord Carlile, the independent reviewer of the terrorist legislation, whose work the Home Secretary rightly described yesterday as “excellent”. Lord Carlile not only accepted the need to maintain 28 days but said:

“I expect in the course of time to see cases in which the current maximum of 28 days will be proved inadequate. This will be very rare but inevitably extremely serious.”

The 28 day pre-charge detention for terrorist suspects is a temporary measure which, thanks to the work of my hon. Friend the Member for Walsall North (Mr Winnick), who is in his place, has to be renewed each year. The task of the House in considering whether to support a further extension—in this case for six months—was succinctly expressed by the hon. Member for Bury St Edmunds (Mr Ruffley) when he spoke for the Conservatives in last year’s debate. Perhaps I may just mention that we all look forward to seeing the hon. Gentleman restored to good health. He has many friends across the House who respect and admire him and want to see him back on the Government Benches very quickly. He said last year that the Government must first demonstrate convincingly to Parliament that the security situation is such that 28 days remains indispensable, and secondly, that the legal framework must meet the procedural protections afforded by our common law and by the Human Rights Act. He said, with his customary prescience:

“I hope that this will give an indication of the approach that we want to take, should there be a change of Government before the next renewal.”—[Official Report, 9 July 2009; Vol. 495, c.1165.]

I accept that a small minority of Members—it may or may not include the Home Secretary—are convinced that pre-charge detention should be 14 days or less, and I respect that view. It has been consistently argued by several—a minority, but several—Members. The majority of Members, however, will look at the evidence and decide on that basis whether in the year since we last renewed this legislation, the terrorist threat has faded and/or whether this legislation is being abused by the criminal justice system.

[Jeremy Corbyn]

Is my right hon. Friend aware that no other country in Europe, or indeed North America, that suffers the same kind of concerns as we do has seen fit to go down the road that we have in this country—of having very long periods of detention before charge?

[Alan Johnson]

I am not aware of that. In fact, the usual argument is that the common-law countries such as Australia, Canada and even the US do not have this system. Europe is the worst place for my hon. Friend to find his examples. Let me cite Norway, for instance. Good old, solid, Scandinavian, liberal Norway has provisions that allow people to be kept in custody—renewed by a High Court judge, who is involved in any detention beyond 14 days—for far longer than 28 days, or even 42 days. That was a helpful intervention, and I am grateful to my hon. Friend.

I think that the hon. Member for Bury St Edmunds succinctly summed up the two issues I mentioned, but there is one further aspect that we have to consider in deciding whether to renew this legislation. It was rightly raised by my right hon. Friend the Member for Leicester East (Keith Vaz). The issue is whether the very existence of 28-day detention leads to radicalisation in certain communities to the extent that it defeats the objective of reducing the terrorist threat. The Home Office community impact study published in March certainly found examples of UK Muslims having a strong negative perception of counter-terrorism legislation, but concluded that there was insufficient evidence on specific aspects, such as 28 days, to lead to any firm conclusions. I doubt whether anyone in this Chamber thinks that pre-charge detention of 28 rather than 14 days has of itself radicalised anyone to the extent that they would be prepared to engage in terrorist activity.

While I am dealing with this aspect, I hope the Home Secretary can refute the story in The Guardian this morning that she has decided to dismantle the Prevent strategy. She told my right hon. Friend the Member for Salford and Eccles (Hazel Blears) yesterday, as is recorded in column 802 of Hansard, that the strategy was being reviewed by the Home Department and the Department for Communities and Local Government. When I read the Home Office draft structural reform plan released yesterday, which is the source of the story in The Guardian, all I could find was the eminently sensible objective of keeping the “prevent” strand of counter-terrorism separate from the “integration” initiatives of DCLG. I would welcome clarification.

Counter-terrorism and Security Powers

Jeremy Corbyn Excerpts

Tuesday 13th July 2010 Commons Chamber

[Mrs May]

I am grateful to my hon. Friend for his question. He makes an important and valid point. I can assure him that we are well aware of the increased threat that arises from dissident republicanism. That is why resources have been looked at in dealing with it in Northern Ireland. We are very conscious that there are diverse terrorist threats to the UK—they are not all from one group or one type of person.

[Jeremy Corbyn (Islington North) (Lab)]

I welcome the review and was slightly surprised that we are still, apparently, going to renew the 28-day provision tomorrow. May I draw the Home Secretary’s attention to the fourth area she identified—looking into extending the use of deportations with assurances? Could she give me two assurances: first, that no one will be deported while the review is going on, and secondly, that there will be no consideration whatever of a continuing regime that allows people to be deported to countries that have not signed the relevant United Nations declarations, particularly the conventions on torture?

[Mrs May]

I thank the hon. Gentleman for focusing on that issue. He asked me to ensure that there were no deportations during the review—a rather wide commitment —but the purpose of his question was to focus on deportations with assurances. Of course, the issue arises because we have had a number of cases here in the UK where individuals have been identified as posing a terrorist threat to the UK, but because of the legal interpretations of our duties and requirements under the European convention on human rights, it has not been felt possible to deport those individuals to certain countries. We wish to continue to work with a number of other countries to ensure that it will be possible to deport people with assurances that they will not be subject to torture.