Draft Surrender of Offensive Weapons (Compensation) Regulations 2020

Jim Shannon Excerpts

Wednesday 23rd September 2020 General Committees

[Jim Shannon (Strangford) (DUP)]

First, I welcome the legislation and the thoughts that the Minister has expressed, because I think it important that we address the issues of knives and weapons. I really am interested in the matter of compensation and I want to ask a question that the shadow spokesperson touched on in her last comments. I am ever mindful of how the measure refers to Northern Ireland and certain firearms. Obviously, we experienced a type of terrorist campaign for umpteen years in which weapons of all sorts were used and 99% of them were illegal. Sometimes we find that something is in the possession of elderly relatives, which the shadow Minister referred to in her contribution. It might come to light only when the elderly person has passed away. We then find out that something had been tucked away somewhere for however many years. It might be an antique shotgun—probably nothing of any higher calibre than that. When it comes to compensation, which I think would be the issue for me, how will the compensation be agreed? I ask because there will be occasions on which the weapons will be of a fairly high-class order and value. It would not be unusual for someone perhaps to have had a shotgun that was a Boss or a Purdey, or something of a similar calibre and design. The value would probably go into thousands of pounds, so again, when it comes to compensation, how will that be agreed? Also, if a compensation value is not agreed between the relevant person and the family handing over the item, is there a review process to enable the true value to be looked at?

Part 3 of the order deals with compensation, and I welcome the fact that compensation may be claimed in respect of a firearm that has a bump stock. I presume that we all know that such a weapon would be totally unacceptable. It might be okay in America, but it is certainly not okay here. Therefore, I welcome the fact that compensation will be available for that type of weapon. My contribution is really just questions. I know that the Minister will know the answers to them all—he always does.

[Kit Malthouse]

I thank hon. Members for their contributions. I will deal first with the questions from the hon. Member for Croydon Central, who speaks for the Opposition. I hope that she will be reassured to have, from the person who led the fight against the last spike in knife crime in the capital, between 2008 and 2012, my personal commitment to dealing with what is undoubtedly an increase in knife crime over the past couple or three years. We are taking lots of action on that. Of course, we are, as she knows, rapidly expanding police capacity. The recruitment of police officers is going extremely well: we are well ahead of target on our first 6,000, and I am confident that we will get to 20,000 over the next two and a half years or possibly before. That will address many of the capacity concerns that she expressed.

On start dates, we have not yet agreed a start date. Given the current stage of the pandemic, we have to be careful about judging a time at which it is appropriate for people to travel to police stations and at which the police have capacity to administer the scheme. In discussion with the police, we are hoping to agree a date later this year, but we will have to see how the pandemic progresses.

On the standard rate of compensation and related questions from the hon. Member for Strangford, we had to set a base price somewhere and there were two considerations: first of all, that the administration of the scheme did not cost us more than the worth of the item; but, secondly, that by setting a bar too low we might stimulate people, frankly, to go to their kitchen drawer, find a knife and turn up to get some money for it. So, £30 was deemed an appropriate level, whereby we would not stimulate that kind of activity but that would still provide a fair level of compensation for the majority of people we are talking about.

I should just point out that obviously these regulations do not cover items such as Purdey shotguns; those shotguns are still perfectly legal, subject to licensing conditions, and will continue to be so. They do cover certain types of rifle and bump stocks, and a list of other weapons, which should, in theory, have been circulated to Members. I am happy to write to the hon. Gentleman with specific details about what might be on that list.

[Jim Shannon]

Perhaps I have got it wrong, and if I have I apologise to the Minister. As he knows, the firearms law in Northern Ireland is very different from the law here on the mainland; we need to have a licence for everything from an air rifle to a high-calibre rifle and so on, and in between we have shotguns. Any weapon that someone has that is not licensed is illegal. Therefore, if someone finds it as I have outlined, it is not as if it is legal any more. Does that mean that those shotguns perhaps do not come under this scheme? I just want to clarify that, to be sure. If it is an illegal weapon, and it is not held under a firearms certificate, then I ask the question: does it qualify?

[Kit Malthouse]

As far as I am aware, the intention of the scheme—I am happy to write to the hon. Gentleman to clarify matters, because, as he says, the arrangements in Northern Ireland are slightly different from those in the rest of the country—is just to compensate people for those items that were banned by the 2019 Act, which does not include shotguns. There will be a list of items attached to the form, with the standard list of compensations, and in Northern Ireland it will not include offensive weapons, other than firearms and ancillary equipment such as bipods, sights and those kinds of things. It is largely for firearms where there is, as it were, gas-assisted expulsion of ammunition. However, as I say, I am happy to write to him to clarify matters, so that he is clear in his mind and can communicate the requirements to his constituents. On the compensation issue that he raised, while there will be standard rates, it is possible for people to make a higher claim, subject to a valuation, and the regulations detail the types of evidence that can be offered to make a case for a higher valuation.

In a small number of circumstances, it may be the case that there are some items of historical importance. We are in conversation with Ministers at the Department for Digital, Culture, Media and Sport about how we might allow people to surrender such weapons, perhaps to museums or to other organisations, where that importance can be recognised. Hopefully, I have answered the questions that were asked and we can move towards consideration of the regulations.

Question put and agreed to.

9.38 am

Committee rose.

Extradition (Provisional Arrest) Bill [Lords]

Jim Shannon Excerpts

Report stage & Committee stage & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 8th September 2020 Commons Chamber

That is exactly what the people of Rother Valley and the United Kingdom want us to do.

[Jim Shannon (Strangford) (DUP)]

First, I thank the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for setting the scene so very well. When he referred to the persecution of the Uyghur Muslims, I was tempted to intervene on him to put on record my concerns about the brutality, violence and outright criminality that the Chinese Government are committing against their own people. It abhors everything that is decent, and it underlines the fact that we cannot do it on our own. The right hon. Gentleman knows that, but we can do it in conjunction with other countries as well. That goes part of the way to setting the scene, but we have to recognise that we must work with others to make things happen.

It is nice to see the Minister of State in his place again. He is doing double-duty in this Chamber. He did it last night, and he is back again for more. My goodness, he is some Minister. It is very pleasant to see him in his place.

I welcome the opportunity to make some comments. The UK has extradition arrangements with more than 100 territories around the world. That partnership is essential not only to ensure that criminals are properly processed, but also to ensure our need to extradite, and that the ability to do so is subsequently reciprocated. However, it is right and proper that the Secretary of State announced in July an end to the Hong Kong extradition treaty in the light of the imposition of the new security law in Hong Kong by Beijing that is a serious violation of the country’s international obligations. I welcome the statements that the Secretary of State has made in this House on the matter.

I am not sure whether Members have had the chance to check today’s press, but it contains the story of a 12-year-old child who was arrested in Hong Kong by three burly police officers, if I can say they that are burly—ever mindful of their size; they were certainly in excess of five times the strength of the child. The child was out getting paints for her school classes, but was perceived to be a protester. The actions of the Hong Kong police were totally outrageous, as they have been with everyone, but that event in particular concerns and rankles me greatly.

I declare an interest as chair of the all-party parliamentary group on international freedom of religion or belief. I am aware of and very disturbed by the treatment of those who do not fit the mould of how the Chinese believe things should be done. The treatment of Uyghur Muslims in particular has been in the news of late. I have spoken about the issue before and the APPG has been reporting on it for some time. The thought that the extradition treaty with the Hong Kong Government could mean the inhumane treatment of many people extradited to China after a pause in Hong Kong is quite simply frightening, and it is absolutely right that the Secretary of State took the steps that he did.

It is not only the persecution of the Uyghur Muslims; there is also persecution of Christians, who have had their churches desecrated and attacked, and their right to worship monitored and restricted. In addition, people of the Falun Gong belief have been systematically used for organ transplants, sometimes on a commercial scale. China has been guilty of all the worst crimes in the world against those who do not fit the form that it wants them to. I wholeheartedly agree with the right hon. Member for Chingford and Woodford Green and unfortunately do not see enough steps on human rights in the legislation, although I am quite sure that the Minister will give us some reassurance on that.

It is essential that we get this legislation right and fulfil our moral obligations. The right hon. Member for Haltemprice and Howden (Mr Davis) referred to moral obligations, which I think we all have. There are duties that we have the capacity to alter and change as is necessary. I fully condemn any Government who carry out any human rights abuses or the persecution of religious minorities and ethnic groups. I am concerned about the lack of human rights safeguards in this legislation. The background information from the Library refers to the discussion of the Bill in the other place, referring to the lack of human rights safeguards as well as

“the use of wide regulation-making and Henry VIII powers; the lack of specific criteria or safeguards to be applied when adding Category 2 territories to the specified list in the future…the integrity of the Interpol red notice system; the impact of losing access to the EAW, and what other measures might be necessary to mitigate against those risks”.

Perhaps the Minister will give us some clarification on those matters.

I am all for trade deals and for working in partnership, but not at the expense of lives. As furious as those who are removed from our treaty list may be, doing the right thing may mean doing the difficult thing. Sometimes the difficult thing is the moral and right thing to do, and this legislation must be given the freedom to do those things. I welcome the Government’s commitment to legislate to change, and we will all support the introduction of the Magnitsky Bill that the Secretary of State has mentioned.

I am a great admirer of America, and not just because I go there on holiday every two or three years. I love the American people. I love the escapism that America has and I am proud of my Ulster Scots foundation, history and tradition. I am pleased to say for the record that 18 Presidents of the United States of America have Ulster Scots ancestry, which tells us something about the part of Northern Ireland that I come from—that we can produce 18 Presidents of the United States of America. It tells us that they were fine presidents, by the way, and that the history of the United States comes from here and other countries in the world.

I am aware that our extradition policies may not be equally reciprocated, and when it comes to our dealings with the USA, that should be taken into account. Therefore, when I saw the amendments tabled by the right hon. Member for Haltemprice and Howden that highlight the US situation—others Members have spoken on this—they gave me pause and should give the Committee great pause for thought about what they do. We all know the cases—I do not need to say them again; other hon. Members have referred to them—that are in my mind and in the media spotlight, and are therefore important.

There have been various examples. Indeed, this year, our Prime Minister was open enough to admit that it might be appropriate to characterise our relationship on extradition as lopsided; I think that tells us all about the position between the UK and the USA. It has been well argued that the current legislation and the 2003 treaty require the UK to meet a higher evidential threshold—I understand that—than the US before extradition will be ordered. It is abundantly clear that we must take steps to rectify that in the Bill and I am pleased that that seems to be the case. Again, however, perhaps the Minister will give us some clarification on that.

I also ask the Minister about contact with the local Administrations—the Northern Ireland Assembly, the Scottish Parliament and the Welsh Assembly—to which the hon. Member for City of Durham (Mary Kelly Foy) referred. Will the Minister confirm that those talks and discussions have taken place and that the regions’ full input is part of the deal?

It seems that there are certain nations that allow us to give but do not reciprocate at the same level. The National Crime Agency must have the ability, under the authority of this legislation and the Secretary of State, to make changes to ensure that if we are at pains to help others to bring home criminals to be accountable for their crimes, we get at least the same level of help when it comes to our own criminals.

Hailing as I do from Northern Ireland, as other hon. Members will remember—I have said it in the past but I want to put it on the record—it was disheartening to see men and women who carried out terrorist activities and left people with unspeakable loss, pain, injury, hurt and lives that would never be the same wandering about in the Republic and living their lives in defiant freedom. Some of those who carried out some of the worst atrocities have walked around the Republic of Ireland in comparative safety and sanctuary for some time.

Those who killed my cousin Kenneth Smyth and his friend Daniel McCormick on 10 December 1971 escaped across the border and have never been held accountable for their crimes, so hon. Members can understand how, 49 years later, I feel quite concerned. I have lived my life knowing that murdering criminals unrepentantly live their lives in freedom just miles across the border from their dreadful deeds, and it is something that I would wish on no one.

The basic principle of our extradition treaty must be that we will help others to get criminals off the streets, but the underlying pin that holds it together must be that the moral duty, to which the right hon. Member for Haltemprice and Howden referred and to which I believe we all adhere, and the duty to human rights are premium. The Bill is our opportunity to get that right.

I welcome some of the tidying up that has been done by Committee members, whose input and commitment I also welcome. A lot of work has taken place to get us this far, but again, I ask for the Minister’s assurance that he believes that our human rights obligations are fully enshrined in this legislation, not simply for today’s globe, but future-proofed for our ever-changing world.

[Caroline Nokes (Romsey and Southampton North) (Con)]

I appreciate the opportunity to speak briefly in this afternoon’s important debate. There have been some excellent contributions from hon. and right hon. Members, and it is always a pleasure to follow the hon. Member for Strangford (Jim Shannon). Many Members have rightly highlighted the positives in the Bill, but they have also drawn attention to some of the perceived negatives. I echo the comments of the hon. Gentleman when he said that we have a strong history of doing the right thing and doing the lawful thing, even when there is perhaps an imbalance in relationships, which we occasionally see. However, I wish to approach the Bill from a slightly different perspective.

--- Later in debate ---

[Jim Shannon]

I wish to make a few quick points. I said to the Minister in the Lobby what a pleasure it is to see him in his place and looking so well. I told him that I do not think I have seen him looking so healthy in a long time. He asked me how my constituency was and I told him that it is getting more beautiful every day—he knows that, as I do. I am pleased to see him back, just as I am pleased to see the shadow Minister, the hon. Member for St Helens North (Conor McGinn). He and I have been good friends for a long time. We might have a difference of political opinion on some things, but we agree on a lot of important things in this House, on behalf of our constituents, and it is good to do that. The DUP supported the Bill and voted with the Government, and Bill has now been passed and moves on to its next stage. The Government and the Minister have given a commitment to speak up for those around the world. The right hon. Members for Chingford and Woodford Green (Sir Iain Duncan Smith) and for Haltemprice and Howden (Mr Davis), and indeed myself and others, spoke about human rights abuses around the world. The human rights angle of the Bill perhaps does not put in place everything we would like to see, but we are pleased to see things moving forward. Around the world, people are suppressed, persecuted and abused; hopefully, the Bill will make people accountable and we can use this law for that purpose.

Today, our Government of the United Kingdom of Great Britain and Northern Ireland—I always love saying that, by the way, because we are better together; the hon. and learned Member for Edinburgh South West (Joanna Cherry) might have a slightly different opinion, but I do not think we disagree too much—have made it clear that if someone does something wrong, they will be caught, and that there is a moral obligation to speak up. The House has supported the Government and the legislation they have brought forward, but we also have a moral obligation. It is important that all of us in this House speak often about this important moral issue: people cannot just do something wrong and get away with it. Legally and morally, the House has made the right decision.

I would love to see, as I have said previously, the Chinese Government being held accountable in a court of law—under moral law and legal law around the world—for what they do to others. There are many other countries like them, but this country and our Government have acted correctly.

Question put and agreed to.

Bill accordingly read the Third time and passed, with amendments.

Birmingham Attacks and Extinction Rebellion Protests

Jim Shannon Excerpts

Monday 7th September 2020 Commons Chamber

[Kit Malthouse]

As I said earlier, I simply do not understand the comments of the police and crime commissioner. I had a call with him this morning, as hon. Members would expect, and these matters were not discussed. I have to say, however, that there is nothing inevitable about crime. A key plank of the approach of all Governments to crime has to be prevention. If we think smartly, work smartly and look at the complex causes of crime, we can and will prevent it in the future.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister of State for his statement today. Can he confirm what steps his Department is taking to ensure that the right message goes out that if people are not peacefully protesting within the law, then there will be consequences and these will be faced by every member who takes part in these so-called protests? On occasion, these can turn into riots and can involve attacking and disrupting people, members of the police force and businesses, which will not be tolerated. Will the Minister of State clarify again that the right to protest does not mean a right to shut down business and cause loss of income or, indeed, worse—injury?

[Kit Malthouse]

The right to protest, like the right to free speech or to free assembly, is a gem to be treasured. It is a delicate vase, of which we must all take care, and those who abuse it, crack that vase for the rest of us and, as a result, do us all a disservice. The hon. Member is quite right that we have to take very seriously those who use the pretext of peaceful protest to prosecute criminal acts. I hope he will have seen, from the large number of arrests that have taken place over the last week or so, that certainly the police are taking that approach.

Fire Safety Bill

Jim Shannon Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Monday 7th September 2020 Commons Chamber

[Matt Rodda]

I thank my hon. Friend for that contribution, because it points out just how dire this problem is, on so many fronts. The point I was about to make relates not just to the taller buildings or even the 9-metre ones, but to houses in multiple occupation. There has been a huge growth in the number of houses that have been divided up into bedsits or small flats in my constituency, as there probably has in his north London seat. I have concerns about those, as do other Members, although they are not addressed by this Bill, and I urge the Government to consider that matter as well.

This Bill is long overdue. I hope it will help, but I fear that it does not go far enough, and I urge Ministers to look again at the issue in much more detail and tighten their grip on it. A much more substantial response is needed, both in legislation and in the level of resources available to fire services, as has been mentioned, and to local authorities. Strengthening this response, both in legislation and resources, will be particularly helpful in respect of buildings that have multiple owners, such as blocks with leaseholders, tenants and freeholders, where the fire services, local authorities or contractors face a deeply confusing jigsaw puzzle of ownership. In many cases, it is hard to track people down. In some cases, the owners may be corporations based overseas or there may be other forms of ownership that are difficult to piece together. A more robust approach combining legislation and the funds to support local authorities and fire services would help residents in lower-rise accommodation. Berkshire’s fire service has urged me and MPs from across our county to speak up about the issues found in many towns mainly in lower-rise accommodation, not in the high-rise blocks discussed in the Bill, because of the huge number of those sorts of flats in towns such as Reading, Bracknell and Slough.

I am conscious of time, so I shall turn to new clauses 1 and 2. New clause 1 is particularly important, because, as many people involved in this issue recognise, we face real problems in improving safety in some private blocks. The new clause would speed up what can be a very lengthy process by requiring a manager or a lead figure to share information with the fire service about both fire safety and evacuation plans, which are important matters.

New clause 2 also raises a significant but simple point: fire inspectors should be accredited. I hope the new clause would address a long-standing loophole that I understand was first introduced unwittingly in legislation in the 1980s. It takes years for a fire safety inspector to complete their training, so it seems obvious that they would need accreditation. As has been mentioned by Members from across the House this evening, a common feature of any regulatory system is having people who have a known role of this type accredited.

I hope that tonight’s debate has allowed a further discussion of these issues and allowed us address these points in some detail. I urge the Minister to look at the matters in hand, and I thank you, Madam Deputy Speaker, for the opportunity to speak tonight.

[Jim Shannon (Strangford) (DUP)]

Thank you for calling me to speak on this matter, Madam Deputy Speaker. There is a little more frightening than a raging fire, as it is then that we truly understand the little we are able to do in our human state. We are so thankful for those in the fire service, who use their expertise and training, yet, ultimately, lay their lives on the line every time they answer the call. Others have said it, but I want to put on record my thanks to them for all they do and have done.

The Grenfell tragedy had repercussions for all of the United Kingdom of Great Britain and Northern Ireland, so although it happened on the mainland, and although this legislation is for England and Wales, I wanted to make a brief contribution to ask that the lessons learned are shared with Northern Ireland. When the Grenfell tragedy took place, the Northern Ireland Assembly and the bodies with responsibility for this area right away checked all their high-rise flats to see whether the danger that there was on the mainland was or was not apparent in Northern Ireland. Some steps were taken right away. I know it is a devolved matter, but I wish to mention something at the end that the Minister might take on board, and it relates to what we have learned in Northern Ireland.

This Bill is a devolved matter for Northern Ireland, so my comments will be brief. It is clear that the improvements in this Bill to create greater fire safety must be considered UK-wide. My colleagues in the Northern Ireland Assembly have taken seriously the lessons that we have learned from the absolute tragedy at Grenfell. I take this opportunity once again to remind all the families involved that our thoughts remain with them as they try to rebuild their lives. I do not think there is anybody anywhere in the whole of the United Kingdom of Great Britain and Northern Ireland or further afield who was not touched by what happened, as we watched the tragedy unfold.

I echo other hon. Members’ comments about the danger of electric goods, and in particular about the need to have them checked so that they meet the standards that we have in the United Kingdom, which are some of the highest in the world. The hon. Member for Southend West (Sir David Amess), who represents that great city of Southend, has been an excellent, outstanding spokesperson on this matter, along with our former colleague and friend, Jim Fitzpatrick. I remember him fondly; he, I and the hon. Member for Southend West shared many debates in that other great place, Westminster Hall, on electrical safety and other things. We had some very good and enjoyable times. One thing that was outlined was the opportunity for people to buy online goods that may not meet the standards. I am sure the Minister will say how the Government are addressing those issues for online purchases, which I believe need to be checked.

I welcome the remediation programme, supported by £1.6 billion of Government funding, to remove unsafe cladding from high-rise residential buildings, and the commitment of £20 million of funding to enable fire and rescue services to review or inspect all high-rise multi-occupied residential buildings by the end of 2021, but it is clear that more needs to be done. Right hon. and hon. Members from both sides of the House have said that, and hopefully the Minister will be able to say what other steps the Government are looking at to try to make improvements.

I do not want to be alarmist, but the Northern Ireland Assembly’s inquiries into safety standards raised not just the issue of cladding—the Northern Ireland Housing Executive carried out those risk assessments, because cladding is its responsibility—but concerns about reports that 63% of Northern Ireland Housing Executive wall cavity insulation may be defective. There was some concern that the cavity wall insulation could in some way lead to worse fires and could be a conduit, allowing fires to go through buildings. I do not expect an answer from the Minister today if he has not got one, but I know that he always follows up, and we thank him for that, so perhaps that could be looked at. We are awaiting more information, but that raises a pertinent issue. I believe that it must be absolutely clear in any legislation that it is the building owner’s responsibility to make safe not simply the outside of the walls but the inner cavities. I would appreciate it if the Minister could clarify how that is legislated for in this Bill.

Has the Minister had any discussions with other regions of the United Kingdom of Great Britain and Northern Ireland about a UK-wide approach to this issue? I often say in this House that lessons learned in England and Wales can and must be shared with the devolved Administrations—the Northern Ireland Assembly and the Scottish Parliament. This debate is not about that, but none the less it is important that we share things. We can learn from each other in this great United Kingdom of Great Britain and Northern Ireland. If things are learned in Northern Ireland, they should be shared with the rest of the United Kingdom. If they are learned in England and Wales, they should be shared with us in Northern Ireland, and with Scotland. An improvement can be made UK-wide so that all the people of this great nation of the United Kingdom of Great Britain and Northern Ireland can benefit.

[The Minister for Security (James Brokenshire)]

It is a privilege to respond to this debate. It is the first time I have had the chance to speak physically in this Chamber since March, so it is a great pleasure to be here tonight to respond to what has been a passionate, well-informed and very serious debate on issues that touch on concerns that we share across this Chamber. Like others, I very much underline our recognition of the context of the Bill: the Grenfell Tower fire and the need to ensure that people feel safe and are safe in their homes. I pay tribute to the community of Grenfell—Grenfell United and more broadly—on their determination to seek justice and change, and I recognise the responsibilities we hold to them in following through on that.

Intelligence and Security Committee: Russia Report

Jim Shannon Excerpts

Wednesday 22nd July 2020 Commons Chamber

[Mr Speaker]

Order.

[Jim Shannon (Strangford) (DUP)]

The Minister will be familiar with the four horsemen of the apocalypse; I believe that Russia is one of those horsemen and a real danger to the free world. Will the Minister further outline what lessons we have learned from the report that will help us to counteract the very real presence of Russian interference, especially in social media? How do we balance safety with our inalienable right to hold and express our political opinions?

[James Brokenshire]

The hon. Gentleman wrapped a few questions into that contribution. The point is that we are taking this issue forward in relation to our legislation on online harms and working with social media and other companies to ensure that information is valid and we do not have that sense of disinformation. We are being vigilant against the threats that are posed.

Windrush Lessons Learned Review

Jim Shannon Excerpts

Tuesday 21st July 2020 Commons Chamber

[Priti Patel]

My right hon. Friend makes a really important point. As I have already said, we are embarking on this work and I intend to look at all aspects of equality pay and diversity, and also at equality impact assessments as well. These are some of the key pillars of policy development that the Department will be looking at and, obviously, I will report back in due course on the steps that we undertake.

[Jim Shannon (Strangford) (DUP)]

I also thank the Secretary of State for her statement, for her control of the Windrush issue, and for her deep interest and commitment. There are some 30 recommendations in the Wendy Williams report. How does she believe that these can be implemented to ensure that applications adhere not simply to the letter of the policy, but to the spirit of the policy, which would never have intended for this generation of people, who did so much for the UK when we needed them the most, to suffer so needlessly?

[Priti Patel]

The hon. Gentleman is absolutely right, and he touches on some of the sentiment that has already been echoed in the House around fulfilling the recommendations and not just paying lip service to them. As I have said, the report itself is a report like no other. That is why it is important that we have the time and space to give it the determined attention and diligence that is required to make sure that these recommendations are implemented in the right way, working not only with Wendy, but with other stakeholders, too.

Counter-Terrorism and Sentencing Bill

Jim Shannon Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 21st July 2020 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

I have read and listened to past debates on this issue with great interest, and particularly those on parts of the Bill that bring Northern Ireland into line with the rest of the United Kingdom. I very much commend my hon. Friend the Member for Belfast East (Gavin Robinson) on his contribution and the hon. Member for North Down (Stephen Farry) on his constructive comments.

I understand the concerns of the Department of Justice on possible legal action that could be taken with regard to early release. Such concerns are well founded: we need only look at the publicly funded judicial reviews in Northern Ireland through the legal aid system that will not help a father get access to his child but will allow a terrorist to sue the state—a debate for another day. There is no doubt that certain firms in Northern Ireland will be watching the votes and events of today with great anticipation, rubbing their hands together at securing another free ride from the taxpayer. Yes, there will be a case, but do we shy away from that? We are the lawmakers in this House—the legislators—and it is incumbent on us all to ensure that the laws we pass will withstand scrutiny. We do not and must not shy away from doing the right thing because lawyers may become involved. Well done to the Government for underlining to the Department of Justice and our Justice Minister that there will be governmental support in relation to any legal challenge. I very much look forward to reminding them of that at the appropriate time.

May I commend the hon. Member for Hertford and Stortford (Julie Marson) for her personal account of her friend in relation to that? I do not think there is anybody in this House who does not understand what such an account means. Of course, as representatives from Northern Ireland, we have all lived through the troubles over a period of time. I was just thinking of some of them—La Mon, Abercorn, the Darkley gospel hall murders, Bloody Friday. Those are examples of how people have lived through the most violent times.

I support the Government in their call for minimum sentences. Like my hon. Friend the Member for Belfast East, I do not believe that this takes away the judge’s power and discretion. I believe that it shapes the policy to say that, no matter the extenuating circumstances, there are occasions that deserve minimum sentences, and terrorism is one of them.

It was one of the greatest surprises to me in Northern Ireland that the Good Friday agreement allowed mass early release, with no thought to rehabilitation. That was never right, and we are facing the consequences of that now, as we see the work of too many former offenders who are not reformed offenders. Indeed, some of them are still involved in such activities. I can never understand how our wee nation was tricked into accepting this as a payment for peace. The fact is that, even today, the threat of what these violent offenders will do is still having repercussions. That is the problem when we negotiate with unrepentant terrorists: we will continue to negotiate with them and the threat of violence for ever and ever.

I understand this well, yet I do not believe that this can prevent right being done in this place. It is right and proper that any terrorist with any cause in any part of this United Kingdom of Great Britain and Northern Ireland understands that terrorism is something that this House will stand against with its every ability. Whatever the mantra of the attacker and whatever rationale that person may have, we will not allow justice to be pared back just because of the threat of upset. The message is clear in this Bill and I support it.

I absolutely take on board the comments from the Prison Service. I believe it is essential that we have additional funding in place to give extra support to prison officers and to ensure that our prisons have appropriate staffing levels. I understand the need for new clause 2—I also refer to new clauses 5 and 7—on the deradicalisation programmes, because in my constituency paramilitary activity is probably at a height. Indeed, it is at a height, and that is probably the case in other constituencies as well. I think the hon. Member for North Down and I have very similar constituencies in relation to paramilitary activity.

In my office, we have seen at first hand the effects of paramilitaries at home getting young men hooked on drugs and with a massive debt that can be magically repaid if they carry out an action, They are told: “Sure, son, if you’re caught, you will hardly do any time for your first offence”. I know cases where that has happened, and I really do ache for those young people who are trapped, yet we cannot allow this exploitation to continue. I have great difficulty with this issue, and again I would highlight it to the Minister. I absolutely understand that zero tolerance means what it says—we will not tolerate this. There are hard decisions to make, and make them this House will.

Having lived with this heartache over the years and with the threat of terrorism for my entire life—some of my family members and friends have as well—I know that we must have firm but fair laws that send a message, and sentencing, with all its harshness and all its importance, is a very real and important way to reinforce that. That is why I wanted to talk about this today. I do hope, when the Minister replies, that he will reply with positivity. I know he will.

[Alexander Stafford (Rother Valley) (Con)]

I am sure that all Members of this House agree that there are few Bills as important to the safety and security of the British people as this one, and I commend the Government for bringing forward this Bill. We have seen from recent tragic terror events in Streatham, London Bridge, Manchester and even here in Westminster and, over the last few decades, from the IRA terrorists, how vital this Bill really is. I commend the Government for taking strong and decisive action, as promised. Let me be clear: terrorism and supporters of terrorism in all its forms are wrong and morally reprehensible, and we must do everything in our power to stamp out terrorism, stamp out its supporters and make the country safer for all.

I shall focus on amendments that pertain to sentencing and the release of terrorist offenders. As my hon. Friends are aware, the probation reforms that come into force in 2021 will bring all offender management under the National Probation Service. That marks a shift from the present situation in which only higher-risk offenders are dealt with by the NPS.

New clause 1 would require a review of

“the impact of the provisions in the Act on the National Probation Service.”

However, the Bill already strengthens the ability of the Government and the police, prison and probation services of the UK to monitor and manage the risk posed by terrorist offenders, and individuals of terrorist concern outside custody. The Bill will allow more effective intervention when that is required, and will enhance the effectiveness of the measures available to authorities as a result of a combination of probation reforms. The Bill renders new clause 1—

--- Later in debate ---

[Duncan Baker (North Norfolk) (Con)]

It is an honour to follow the passionate speech by my hon. Friend the Member for Ipswich (Tom Hunt).

I spoke in the debate back in February when the Government passed emergency legislation to ensure that terrorist offenders would no longer be released early and automatically. I am glad that we are now doing all that we can on this. We must continue to root out terrorism from our streets. I am pleased that the earliest point at which terrorist offenders will even be considered for release is after they have served two thirds of their sentence. Indeed, no terrorist offender will be released before the end of their full custodial term unless the Parole Board agrees.

This Bill will ensure that serious and dangerous terrorist offenders spend longer in custody, and it improves the ability to monitor and manage those of concern when they are released. It is only right that offenders still viewed as a threat to the public will be forced to spend the rest of their term in prison. Members of my party stood on a manifesto that promised to keep us safer, with investment in our police force and our Prison Service, and that included stronger measures to deal with terrorism.

It was thanks to the exemplary work of the Prison Service during the pandemic that I recently wrote to the governor at HMP Bure in my constituency, to voice my gratitude and appreciation for the fantastic work that the prison staff, healthcare staff and civilian staff there are doing, given the unprecedented challenges we face, during covid. We must do all we can to strengthen confidence in our criminal justice system and make society as safe as we can from cowardly acts of terrorism, which devastate lives and communities. That could be no better emphasised than by the heartfelt and moving speech by my hon. Friend the Member for Hertford and Stortford (Julie Marson). The Bill, along with the doubling of the number of counter-terrorism specialists and probation staff, will absolutely do that.

We already have a MAPPA—multi-agency public protection arrangements—review, a Prevent review an HM inspector’s report and three-year post legislation. It is unnecessary to have yet another layer of review. A serious terrorism sentence for the most serious and dangerous terrorist offenders is a welcome move. We are going to get tough on terrorism and ensure that those that set out to hurt innocent people will spend at least 14 years in prison and up to 25 years on licence. As my hon. Friend the Member for Rother Valley (Alexander Stafford) said, recent attacks show that the Bill is necessary; that sentencing needs toughening, but so does the investigation, the monitoring and the management of offenders.

[Jim Shannon]

Does the hon. Gentleman feel that those who have carried out acts of terrorism in the past, and perhaps have not been held accountable for them until this time, should be subject to these new laws that are coming in, because there would be no early release for them, as has been the past history? Those who murdered the four Ulster Defence Regiment men at Ballydugan some 25 or 26 years ago, those who murdered my cousin, Kenneth Smyth—does he agree that it is time that anyone who has never been made accountable, is made accountable as well?

[Duncan Baker]

I absolutely agree that we should make sure that those people who have committed absolutely heinous acts face the full prosecution of the criminal justice service.

I will finish by saying that giving the Secretary of State expanded powers to impose additional restrictions, such as imposing overnight curfews, and to gather more information on devices, such as electronic devices, would give us even more control measures and services to eliminate risk even further. This is about restricting, interrupting and stopping dreadful attacks, such as those that happened at Fishmongers’ Hall and Streatham. As the Justice Secretary has said, the Government are pursuing every option to tackle terrorism. It is with that in mind that I welcome the Bill. The largest overhaul of terrorist sentencing and monitoring in decades, it delivers what we need to keep our communities safer and come down hard on those that set out to ruin lives.

--- Later in debate ---

[Chris Philp]

Numbers in the prison and probation service have been increasing over the past few years. As I said, a great deal of extra money was provided in September last year, and that will most certainly have a further positive impact.

I move on to new clause 2, which the hon. Gentleman also commented on, and the question of deradicalisation. We heard evidence in the Public Bill Committee on 30 June, which some Members will recall, from Professor Andrew Silke, Professor of Terrorism, Risk and Resilience at Cranfield University. He told us that, overall, he thinks that the UK’s approach to deradicalisation,

“is seen as one of the better available approaches…internationally”. ––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 30 June 2020; c. 84, Q175.]

That is, again, something we can take great confidence and pride in. Initiatives such as the healthy identity intervention programme, which Professor Silke expanded on at some length, are very effective. That is one of the reasons why reoffending rates for these terrible terrorist offences are only between 5% and 10%.

The shadow Minister asked about financial impact. I confirm, once again, that the cumulative impact on the total prison population will be less than 50 prison places, and the cumulative impact on the probation service will never be more than 50 places. To put that in context, there are about 80,000 people in prison and about a quarter of a million people on probation. On the financial impact, which the hon. Gentleman mentioned, the figure he had in mind may not have been quite accurate. The financial impact, according to the impact assessment, is a one-off cost of £4.2 million at the outset, followed by £900,000 a year thereafter, because these numbers, thankfully, are so small.

[Jim Shannon]

The Minister and everyone in the House will be aware that there have been three attacks in the last eight months carried out by those who were in prison and came out. Does the Minister feel that the investment that the Government are giving here will help to address that issue and will reduce those things happening, which is what we all want to see?

[Chris Philp]

I thank the hon. Gentleman for his intervention. I believe that the measures that we are taking in the Bill, the additional resources given to counter-terrorism policing and the changes we made back in February in the Terrorist Offenders (Restriction of Early Release) Act 2020 will provide exactly the protection he is asking for against ruthless terrorists of the kind he is describing.

On the question of reviews, which new clauses 1, 2, 3, 6 and 7 speak to, as my hon. Friend the Member for North Norfolk (Duncan Baker) pointed out, we already have quite a large number of reviews under way. There is the MAPPA review, being conducted by Jonathan Hall QC. There is, of course, Her Majesty’s inspectorates of prisons and probation, which produce frequent reports themselves. There is the Prevent review, which we will debate in the second group of amendments and, of course, there is the standard three-year review after legislation. With great respect, I think we have a lot of reviews going on. The numbers involved with this legislation are small, and I feel that it will be more than adequately reviewed by the mechanisms I just laid out.

Young people have been mentioned by many Members, in connection with new clause 6 and other clauses. The Bill recognises that those under the age of 18 are different, and no new minimum sentence is applied to them. It is up to the judge to decide in each case, and according to individual circumstances, what is the appropriate sentence for someone under the age of 18. There is a great deal of judicial discretion, for all the reasons laid out by the hon. and learned Member for Edinburgh South West (Joanna Cherry), and others.

I understand the arguments that have been advanced about the ability to reform and rehabilitate those over the age of 18, and possibly extending that into the early 20s, but the cohort of offenders that we are addressing this afternoon is, thankfully, very small—a handful of offenders between the ages of 18 and 21 who have committed offences of extraordinary seriousness. These are terrorist offences where a life sentence can be imposed, where a judge has made a finding of dangerousness based on the facts and a pre-sentence report, and where a risk of causing multiple deaths was present. Given that small but serious number of offenders, I think a 14-year mandatory minimum sentence is appropriate. Rarely, there is the ability for judges to find exceptional circumstances, but when offences are that serious, it is right to take that action and protect the public. There may be other debates to have another time about how quickly people mature and how we should account for that, but for that small and dangerous cohort it is neither the time nor the place to advance that argument.

On legislative consent motions, I thank the hon. and learned Member for Edinburgh South West for her comments about Government amendments 9 to 16, and the changes made to orders for lifelong restriction. She properly raised that matter in Committee, and we fully acknowledged the points that she and her colleagues made, and are delighted to fix the issue this afternoon. On the application of polygraphs in Scotland, as she said, we are in discussion with the Scottish Government. We are edging ever closer to a point of blissful—I almost said “blissful union”—perhaps I should say “blissful unity” to avoid aggravating the question. We are edging towards a position of blissful agreement, and I hope we reach that in the near future.

Some Members questioned the use of polygraphs more generally. We took extremely compelling, and at times entertaining evidence from Professor Grubin, who is a worldwide expert in this area. Contrary to what one Member said, polygraphs are not untested, and 5,000 such tests have been used in connection with sex offenders in England and Wales. In between 60% and 70% of cases, the use of a polygraph elicits information that would not otherwise have come out. That is either because the offender volunteers it—they know a polygraph is going to be used and they volunteer information that they would not otherwise have provided—or because it prompts a negative reading and a follow-up investigation can occur.

I emphasise that nobody is recalled to prison as a result of a negative polygraph test, and nor are they deemed to have breached their licence conditions. It simply prompts further investigation, and while not always accurate, such tests have been found to be useful in prompting that disclosure or further investigation. In that context, I draw the House’s attention to one of the independent reviewer Jonathan Hall’s notes on this topic. On 4 June, paragraph 23, he stated:

“I therefore concluded that polygraph testing is likely to be a valuable additional means of gathering information relevant to terrorist risk for terrorist offenders on licence.”

Jonathan Hall thinks that polygraph tests are an effective and good idea.



On Northern Ireland, the hon. Members for Belfast East (Gavin Robinson), for Strangford and for North Down raised the question of applying the Terrorist Offenders (Restriction of Early Release) Act 2020 provisions retrospectively to Northern Ireland. The UK Government believe that that is a lawful thing to do—that it does not infringe article 7 or any common law principles. We believe that terrorism measures are reserved and that we should treat the United Kingdom in those matters as one, but they do engage parts of the LCM mechanism, and we are therefore in detailed discussions with the Northern Ireland Justice Minister, Naomi Long. I had an hour-long conversation with her earlier this week and, again, we hope to make progress on that point in the coming week or so; I think she will come back to me in the very near future. I stress that these provisions affect terrorist prisoners on both sides of the divide in Northern Ireland equally. They do not seek to penalise or victimise any one side or the other; they apply equally, and I ask Members to keep that important point in mind.

--- Later in debate ---

[Conor McGinn]

I do, and I pay tribute to my right hon. Friend for the work she has done on this issue and her commitment to it. I am sure the Minister will have heard what she says. It is something I raised in Committee and I did receive some assurances from the Minister, but I think we would wish to hear—not just in the light of what my right hon. Friend says, but of what the Independent Reviewer of Terrorism Legislation said when he made a similar point—what the Minister is doing to ensure those safeguards are in place.

[Jim Shannon]

It is very important that we look at TPIMs to make sure they are usable, but does the hon. Gentleman agree it is very important that the Secretary of State’s hands are not tied by legislation, but is able to respond to any emergent terrorism attacks or activities that take place in a way that is effective? Surely that has to be prominent precedent to follow?

[Conor McGinn]

The hon. Gentleman speaks with both great personal dignity and authority on these matters. I agree. We want the system to be agile and to be able to respond. The Bill places a very significant power on the Secretary of State. In seeking to ask the Government for assurances, we want to ensure the system itself is robust, because those protections allow authority and credibility in terms of being able to respond to the ongoing terrorist threat. The amendment we propose would ensure that there are reasonable and probable grounds for a TPIM to be issued. The higher bar would create safeguards without harming the robust nature or operational utility of TPIMs, which we want to be as impactful as they can possibly be to keep people safe.

We acknowledge that it was a Labour Government who, upon introducing control orders in 2005, imposed a standard of proof, as proposed in the Bill, to require only reasonable grounds for suspecting an individual had been involved in terrorism-related activity. That was then raised by the coalition Government in 2011 with the creation of the new TPIMs regime, and again by the Conservative Government in 2015. However, I cannot help but reflect on the words of the Independent Reviewer of Terrorism Legislation to the Bill Committee, when he said:

“If it is right that the current standard of proof is usable and fair, and I think it is, in a word, if it ain’t broke, why fix it?”––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 7, Q6.]

I think the Minister has to respond to that challenge. We need assurances from the Minister today, and an operational, administrative and procedural perspective for making those changes.

We would also like clarity on an exit strategy, given the indefinite nature of what has been proposed. Our concern with an open-ended or enduring TPIM regime is that it could see difficult cases languish, with no realistic plan for a resolution of any kind. Indeed, under the proposals, as the Independent Reviewer of Terrorism Legislation confirmed to the Committee, we could conceivably see someone who has been convicted of a terrorism offence being free from constraints before someone who has been placed on an enduring TPIM. That kind of situation is intolerable and I hope the Minister will again respond to those concerns, alongside the arguments of many colleagues in the House in relation to TPIMs and polygraph testing, which, while useful as an additional information source in certain contexts, we know is controversial and untested in the counterterrorism sphere. I do not think it would be unreasonable to run a pilot scheme, as per new clause 9, so that before making such costly national changes we could see proper independent evidence of the polygraph’s reliability and utility in the specific context of terrorist offenders. We all want an effective and efficient TPIM regime to help to save lives and protect our country’s citizens from harm, and we want to work with the Government to get it right.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

May I say briefly that there are many MPs in this House who have been affected by terrorism? When I was talking to the hon. Member for Hertford and Stortford (Julie Marson) earlier, we were relating the stories of her friend and others. This Bill before us tonight cements and strengthens our position and offers us protection. We as MPs in Northern Ireland have felt the brunt of terrorism more than most. We know about it personally—I know about it. I often think of those whom I know who have given their lives. I think of my cousin Kenneth Smyth and his friend Daniel McCormick who were both murdered on 10 December 1971. I think of the four UDR men murdered at Ballydugan: young John Birch, Steven Smart—[Interruption.]

[Robert Buckland]

Will the hon. Gentleman give way?

[Jim Shannon]

indicated assent.

[Robert Buckland]

I think it would be the right thing to do to allow our hon. Friend to compose himself for a moment as he remembers and shares with the House the horror of the effects of terrorism. We remain indebted to him and are always grateful to him for sharing his observations and we entirely understand how he must feel when he is reliving those moments.

[Jim Shannon]

I thank the Secretary of State very much for intervening. I do recall John Birch, Steven Smart, Michael Adams and Lance Corporal Bradley. I often think of the families of those who suffer from post-traumatic stress disorder and of those who were injured. We owe so much to those families. Every MP in this House has a responsibility to keep their constituents safe, as others have said, which we all adhere to and I thank them for that. Today, our Minister, the hon. Member for Croydon South (Chris Philp), who, I have to say, I am very impressed by—I mean that honestly—and also the Secretary of State have come in here and ensured that the protection of all the people of the United Kingdom of Great Britain and Northern Ireland has been cemented in legislation, and I thank them for that. We welcome the Government’s commitment and we thank all in the Committee for their work and the Clerks for their administration to deliver the Bill. Madam Deputy Speaker, thank you.

Question put and agreed to.

Bill accordingly read the Third time and passed.

[Madam Deputy Speaker (Dame Eleanor Laing)]

We now come to Lords amendments to the Business and Planning Bill. I am going slowly here to allow a natural changeover of personnel at a 2 metre distance. I am grateful to hon. Members for their co-operation.

Misuse of Nitrous Oxide

Jim Shannon Excerpts

Tuesday 21st July 2020 Commons Chamber

[Rosie Duffield]

Yes, I am going to mention that. I know that my council has had so many extra rubbish collections during covid due to people gathering on beaches, which is a significant problem. I thank my hon. Friend for raising that.

Many people pass by these canisters without knowing what they are. Some will have picked them up, examined them and speculated imaginatively about their use. Among young people, the use of nitrous oxide is endemic. Every single sixth-former and university or college student in Britain will know what those silver canisters are. Nitrous oxide—also known as laughing gas, NOS, NOx, whippits, balloons or chargers—is a psychoactive drug covered by the Psychoactive Substances Act 2016. It can be taken legally, but it cannot by law be sold or given away to others for the purpose of inhalation in a recreational capacity.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Lady on securing the debate. Many of us are aware of this issue, and I thank her for bringing it forward. The media has been full of stories, and so-called laughing gas is not a laughing matter. Does she agree that, while it is necessary in the medical field and must continue to be available in that field, we need to educate our young people about the dangers attached to its use outside the medical field?

[Rosie Duffield]

It is a massive honour to be intervened on by the hon. Gentleman—I have arrived! A recent report by the British Compressed Gases Association—something I never thought I would say in this Chamber—said that continued medical use will be easy, as it always has been, if we impose a restriction on sales to individuals. I have borne that in mind when doing my research, and I thank the hon. Gentleman for raising that.

The canisters are manufactured as charger bulbs for use in catering, to whip cream, among other things, and we just heard about their medical use. If someone wants to buy cream chargers, there are currently no age restrictions. A quick look online this morning showed me that I could have 24 canisters delivered to my office tomorrow for just £9.19. Teenagers tell me that boxes sell for as little as £5 locally, or I could just walk into one of the 25% of corner shops estimated to sell these chargers. If I bought some canisters for the purpose of indulging in a quick lockdown high, I would not have broken the law. Despite a few websites having small print telling me that the nitrous oxide they were selling was for professional purposes only, no one would have asked me for ID or for the items to be sent to a registered catering, medical or dental premises. That is clearly the problem here—it is far too easy to purchase nitrous oxide for use as a recreational drug, and every day up and down the country, thousands of young people are doing just that.

It is clear to me and to many of the experts I have spoken to that recreational use has become much more prevalent during lockdown. This is not in any way meant as an attack on teenagers or young people. They are not the villains of the piece. The toll on the mental wellbeing of young people forced to be apart from their friends has been really difficult. Let us be honest: every generation has experimented with and will continue to use recreational drugs and alcohol of some kind. This rise in the use of nitrous oxide is partially caused by covid-19-related shortages of other recreational drugs, which has led to a rise in their prices and a decline in their purity. Big cylinders of nitrous oxide have been stolen from hospitals and, since they have reopened, from coffee shops. That is quite unlikely to be the work of a few bored teenagers on the beach. Users, and therefore suppliers, have looked elsewhere, often to nitrous oxide, which, when combined with other quasi-legal highs, can replicate some of the effects of harder illegal substances.

Of course, there was already an uphill trend in the use of nitrous oxide. The 2018-19 national drugs survey suggested that nearly 9% of those aged 16 to 24 had tried the drug, compared with 6% five years earlier, and that for one in 25 users it had caused some kind of accident—staggering into traffic, falling off balconies or drowning in swimming pools, to name but a few. It is now second in use only to cannabis.

From consulting experts from the Royal Pharmaceutical Society, including its chief scientist, Professor Gino Martini, it is clear that use of nitrous oxide carries significant health risks. It can cause hallucinations and nausea, deep vein thrombosis and skin hyperpigmentation. Some people have been left with spinal cord damage and paralysis. For young people, the vitamin B12 deficiency that can be caused can also affect brain development and rewiring of the prefrontal cortex.

Even after the initial high and the immediate consequences of that high, nitrous oxide can have long-term effects. Users report lasting numbness on their face, around their mouths and in their hands and feet, caused by often irreversible nerve damage. Ambulance workers have recently expressed concern about the number of call-outs they are attending in recent months linked to the drug.

It is clear that there is currently not enough education and outreach being done to draw people’s attention to the early signs of irreversible nerve damage—tingling in their tongue and fingers, for example. I therefore call on the Government to further support local services in disseminating harm reduction and educational materials on nitrous oxide. The Royal College of Nursing has said that there is a lack of understanding about the health consequences: well, today is the day that the Government can begin to change that. I want this debate to be the start of a national conversation on the use of nitrous oxide and the harms that it can possibly cause.

Driving while on drugs is an offence, obviously, and police forces can test for impairment and prosecute accordingly. Inhaling nitrous oxide and then driving is putting oneself, other road users and pedestrians at great risk.

Prevention and Suppression of Terrorism

Jim Shannon Excerpts

Wednesday 15th July 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

I beg to move,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2020, which was laid before this House on 13 July, be approved.

That confirmation from the hon. Member for Blaydon (Liz Twist) is very welcome. Subject to the agreement of this House and the other place, the draft order will come into force on Friday 17 July 2020.

The threat we face from terrorism remains significant, but, as assistant commissioner of the Metropolitan Police Service and national lead for counter-terrorism policing Neil Basu has said, right-wing terrorism is the fastest-growing terror threat in the United Kingdom. We can never entirely eliminate the threat from terrorism, but the Government are determined to do all we can to minimise the danger it poses and keep the public safe.

The nature of terrorism is constantly evolving. There are organisations that recruit, radicalise, promote and encourage terrorism, as well as those that actually commit terrible acts of violence against innocent people with the aim of undermining our democracy. Proscription is therefore an important part of the Government’s strategy to disrupt the full range of terrorist activities.

The group that we propose to add to the list of terrorist organisations, amending schedule 2 to the Terrorism Act 2000, is Feuerkrieg Division, or FKD. This is the 25th order under section 3(3)(a) of that Act. FKD is a white supremacist group whose ideology stands in direct contrast to the core values of our United Kingdom. Its actions, which seek to divide communities, stir up hatred and glorify violence, are reminders of the darkest times in Europe. Proscribing this group will prevent its membership from growing and help to stop the spread of propaganda that allows a culture of hatred and division to thrive. It will also help to prevent FKD from radicalising people who may be vulnerable to extreme ideologies and at risk of emulating the terrorist acts that they glorify.

Under section 3 of the Terrorism Act 2000, the Home Secretary has the power to proscribe an organisation if she believes that it is currently concerned with terrorism. If the statutory test is met, the Home Secretary will then exercise her discretion to proscribe the organisation. The Home Secretary takes into account a number of factors in considering whether to exercise this discretion. These include the nature and scale of an organisation’s activities and the need to support other members of the international community in tackling terrorism. The effect of proscription is to outlaw a listed organisation and ensure that it is unable to operate in the United Kingdom. It is a criminal offence for a person to belong to, support or arrange a meeting in support of a proscribed organisation, or to wear clothing or carry articles in public that arouse reasonable suspicion that they are a member or supporter of a proscribed organisation. Proscription acts to halt fundraising and recruitment while making it possible to seize cash associated with the organisation.

Given its wide-ranging impact, the Home Secretary exercises her power to proscribe only after thoroughly reviewing the available evidence on an organisation. This includes open-source material, intelligence material, and advice reflecting consultation across Government, including the intelligence and law enforcement agencies. The cross-Government Proscription Review Group supports the Home Secretary in her decision-making process.

[Jim Shannon (Strangford) (DUP)]

I commend the Minister for bringing this legislation to the House. It is very important to have it in place so that these groups are outlawed at a very early stage. He mentioned the police. Are there, and will there be, enough resources set aside for police forces to ensure that they can keep an eye on all the people who are involved in these activities?

[Kevin Foster]

The hon. Gentleman will appreciate that I cannot get into commenting on particular police operations in relation to this group or any other group that may be of interest for terrorism activities. However, he will be aware of the investment we are putting into the police and the resources that we have made available to counter-terrorism policing more generally, as well as for tackling the rise of far-right extremism.

Having carefully considered all the evidence, the Home Secretary believes that FKD is currently concerned with terrorism and the discretionary powers weigh in favour of proscription. Although I am unable to comment on specific intelligence, I can provide the House with a summary of the group’s activities. FKD is a white supremacist group founded in late 2018 that has an international footprint, with members across North America and Europe. The group celebrates the concepts promoted in a collection of essays that advocate the use of violence and mass murder in pursuit of an apocalyptic race war. While the bulk of FKD’s activity is online, members have engaged in distributing violent, racist and antisemitic propaganda. In mid-2019, the group reportedly called for the deaths of a European Parliament politician and YouTube’s chief executive officer.

FKD’s members have been arrested on terrorism charges both in the UK and overseas. In 2019, US authorities charged several individuals with a variety of offences, including weapons charges, plotting to bomb a synagogue and attack members of the LGBTQ community, plotting to bomb a major news network, and distributing information related to explosives and weapons of mass destruction. In September 2019, UK police apprehended a 16-year-old on suspicion of the commission, preparation and instigation of acts of terrorism. As a result, the group distributed among its members a list of police buildings and an image of the chief constable of West Midlands police with a gun to his head and the words “race traitor” across his eyes, urging members to carry out attacks in retaliation for the arrest of one of its followers. In October 2019, a 21-year-old appeared in court in London charged with terror offences relating to his purported support for FKD. He allegedly encouraged the mass murder of members of the Jewish and LGBTQ communities.

Our strategy to combat terrorism looks at the full spectrum of activity. This includes ensuring that groups who call for violence and mass murder, and who unlawfully glorify horrific terrorist acts, are prevented from continuing to stir up hatred and encouraging violence. It is therefore right that this House agrees to add FKD to the list of proscribed organisations in schedule 2 to the Terrorism Act 2000.

Domestic Abuse Bill

Jim Shannon Excerpts

Report stage & 3rd reading & Report stage: House of Commons
Monday 6th July 2020 Commons Chamber

[Victoria Atkins]

I thank the hon. Gentleman for his intervention. I, of course, pay attention to the fact that he has had a long-standing campaign on this matter. I have looked carefully at his proposals, and the Government have two chief concerns. The first is that any clinical need of the individual must, of course, be a matter for doctors. I would be very worried about making a blanket application for anyone who is a victim of domestic abuse, not least because we know that, as clause 1 sets out, domestic abuse can take many forms and is not just restricted to physical violence. So I believe that the correct way to deal with the very important point he raises is to enable clinicians to make that judgment. The second point relates to screening. I understand that the UK screening authority would have to consider whether such a universal programme should be introduced. I believe that it has looked at this relatively recently and has concluded that the evidence is not there. If I may, I will return to the text of my speech now. I will hear his arguments develop during the course of this afternoon and comment further if need be.

On the subject of justice, one of the most chilling and anguished developments in recent times has been the increased use of the so-called rough sex defence. This is the subject of the last of the Government’s new clauses on Report, new clause 20. Before I develop the argument for the new clause, I would like to pay particular tribute to the right hon. and learned Member for Camberwell and Peckham (Ms Harman) and my hon. Friend the Member for Wyre Forest (Mark Garnier), who have been unrelenting in their work to secure justice for victims about whom the most difficult and violent claims can be made by defendants in the course of a criminal trial. They have been absolutely committed in their campaign to clarify the law. Indeed, I seem to remember that my hon. Friend raised this issue in the first Second Reading debate in October, which reminds us all of the journey that this Bill has had. They have called on the Government to codify the law in relation to the use of violence in consensual sadomasochistic sexual acts and the so-called rough sex defence. I am incredibly grateful to them for their continued and constructive engagement on this important and sensitive issue. I also note the support that Members across the House have given to these provisions, and I thank everyone for their work on this.

[Jim Shannon (Strangford) (DUP)]

The Minister is setting the scene very clearly regarding what is important and what we wish to see happening, and I congratulate her on that. The increase of this type of activity by some 11.6% on worldwide internet traffic has concerned me. This is not just about getting at people individually; it is also about getting at the people who are the drivers who make it happen. What has been done to ensure that those who buy into that system—some might do so inadvertently, but they none the less find themselves in a difficult situation—and who make it available and make it happen can be caught?

[Victoria Atkins]

If I have understood the hon. Gentleman correctly, he is not just addressing the use of this so-called defence in our courts but reflecting on the wider impact of pornography, particularly internet pornography, on violence towards women and girls in particular. I know that my hon. Friend the Member for Congleton (Fiona Bruce) will be raising this in her speech and if I may I will respond to her in that part of the debate, but I very much take on board his point.

The hon. Gentleman will know that part of the problem that has emerged in the last 15 to 20 years is that, whereas in the old days cases were reported freely in the newspapers and so on, such cases are now also reported on the internet. In that regard, I must pay particular tribute to the family of Natalie Connolly, who have suffered in more ways than anyone can really contemplate. I am pleased—and I hope they are satisfied—with the developments that have resulted from the hard work of the right hon. and learned Member for Camberwell and Peckham and my hon. Friend the Member for Wyre Forest. I hope that Natalie’s family are satisfied with what we have reached in this Bill.

We have been clear that there is no such defence to serious harm that results from rough sex, but there is a perception that such a defence exists and that it is being used by men—it is mostly men in these types of cases—to avoid convictions for serious offences or to receive a reduction in any sentence when they are convicted. As my right hon. Friend the Lord Chancellor indicated on Second Reading, this area of law is extremely complex. It is therefore important that anything that is placed in the Bill does not have unintended consequences. In acting with the best of intentions, we do not want to inadvertently create loopholes or uncertainties in the law that can then be exploited by those who perpetrate such crimes.

If I may, I would just like to take a moment to thank my friend the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk). As the co-Minister on the Bill, he has brought all his legal expertise to the consideration of how we can address the mischief and the upset, which we all want to address, in a way that does not have unintended consequences.

--- Later in debate ---

[Gavin Robinson (Belfast East) (DUP)]

It is a pleasure to follow the hon. Member for East Worthing and Shoreham (Tim Loughton), and to participate in the debate. I want to take this opportunity to remind Members that figures published this week indicate that, in Northern Ireland in the past three months during the pandemic, there has been a 15% rise in 999 emergency calls relating to domestic abuse compared with the corresponding three months of last year. There is therefore a pertinence to today’s debate. I know the sincerity with which Members have approached these issues, given the contributions to the Bill’s different stages over the past number of months, not least those of the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins). I praise her again for her efforts.

It will come as no surprise that in previous contributions I have recognised the importance of devolved government in Northern Ireland. I have also acknowledged that there is a separate and corresponding Bill in our devolved legislature, but I have lamented the fact that the Bill in Northern Ireland tries only to close the gap in domestic abuse legislation prior to this Bill. The progress of this Bill will leave further glaring omissions in our legislative protection for abuse victims in Northern Ireland. There will be no statutory gender definition in our legislation, no provision for a domestic abuse commissioner or office in Northern Ireland, and no reforms to our family courts or review of child contact. No changes outlined in this Bill on housing, homelessness and refuges will have corresponding changes in the Northern Ireland legislation. No additional welfare policies in this Bill will apply in Northern Ireland to protect women and children, and there will be no protection for migrant services either.

I hope that in the contributions today and during the passage of this Bill, legislators in Northern Ireland will take appropriate account of the progress and changes that we are attaining here in the House of Commons and recognise that they are appropriate for further legislative consideration in Northern Ireland. There is no provision on stalking in our legislation, and no change on the non-fatal strangulation or rough sex issues. I commend the Minister for the work she has done and those who have campaigned on the rough sex defence, because today’s provision is an important step forward. I know I am going to be followed by the hon. Member for Shipley (Philip Davies), and I think that our amendments are important; I hope he will take the time to outline the rationale behind providing legislative protection on parental alienation and recognising that those are important issues. I hope that they will receive support this afternoon.

On new clause 28, I agree with the comments made by the right hon. Member for Romsey and Southampton North (Caroline Nokes) and the hon. Member for Bromley and Chislehurst (Sir Robert Neill). We are not normally in the same place on issues such as this, but the rationale they have outlined at this time, on this Bill, is an important consideration.

[Jim Shannon]

We all know my position on abortion. Does my hon. Friend agree that this attempt to add new clause 28 to a Bill that is designed to protect from harm is opportunistic and simply wrong, and that we can never support it, although we absolutely advocate for the need for changes in our domestic abuse legislation?

[Gavin Robinson]

I am grateful to my hon. Friend for that. I agree with him in part, but I will say this about the hon. Member for Kingston upon Hull North (Dame Diana Johnson): I have never found her contribution on issues such as this to be provocative, offensive or sensationalist in the way she presents them, although I do not agree with many of them. She presents them in a very cogent and sensitive way, albeit I doubt we will ever agree on the issue at hand.

I look forward to the contribution from the hon. Member for Congleton (Fiona Bruce). I have said before that she embarks on herculean efforts when it comes the defence of life and of the rights of the unborn child. The three amendments she proposes to new clause 28 highlight its frailties. In amendments (a), (b) and (c), she highlights that it makes no reference to the nine-week, six-day time limit associated with the coronavirus provision of telemedicine abortion and no reference to whether new clause 28 applies to medical terminations or surgical terminations. As with the contribution from the hon. Member for Kingston upon Hull North, the new clause also makes no reference to the impact on victims of domestic abuse at home and the benefit of leaving that home and entering a clinical setting or engaging with the clinician, to highlight not just the pregnancy that they are struggling with, but the issues of abuse that they are struggling with. No reference is made to the 7% of women within our country who procure abortions not because they want them, but as a result of coercive control; there is no reference to the 7% of women who are forced to proceed and procure an abortion because of domestic abuse. In fairness, the hon. Lady was not in a position to outline the frailties associated with her new clause 28. I am grateful that, given the contributions I have heard so far, I do not think the House will be minded to support it. I will be very clear in my position that I can see no circumstances in which I could support it at all.

--- Later in debate ---

[Fiona Bruce (Congleton) (Con)]

I support this landmark Bill and the Government’s amendments to it. I wish to speak to new clause 1, in my name, new clause 28 and my amendments to it. In 2018, the Select Committee for Women and Equalities concluded:

“There is significant research suggesting that there is a relationship between the consumption of pornography and sexist attitudes and sexually aggressive behaviours”.

The Minister has rightly said that the rough sex defence is unconscionable. In the light of recent survey evidence showing a clear link between rough sex and the influence of pornography, I tabled new clause 1, to ask the Government to investigate this further and to highlight the urgent need for action to be taken by Government to tackle pornography concerns more widely, such as addiction, and to protect children from seeing it and being forced to engage in it. In tabling new clause 1, I am seeking from the Minister—and I appreciate the fact that I have found a listening Minister during the progress of the Bill—an assurance that Government will take early steps to tackle concerns about harm from pornography, so that I do not have to press new clause 1 to a vote.

I cannot put the key objections to new clause 28 better than a response I obtained from a female GP. It is long but worth repeating. She says:

“I am very concerned about the proposed changes to new clause 28. It is extraordinary that it should be argued that a woman suffering or at risk of domestic abuse, seeking abortion should somehow be considered to be at less risk if she consults a doctor remotely by telemedicine and given abortifacients to take at home. Where is the opportunity to check with her, privately, that she is not being coerced or that she may be in danger, to examine her to determine her stage of pregnancy, to offer support and clear advice in a place of safety? As a medical practitioner working remotely, how can I reliably ensure she is at the stage of pregnancy she says she is, as the use of abortifacients used later than the 9 weeks 6 days limit carries greater risk of complications which I would be responsible for providing care for? And how can I provide assurance that this woman is suffering from domestic abuse unless it has been previously disclosed to me… These factors are virtually impossible to verify without a face to face consultation”.

[Jim Shannon]

I commend the hon. Lady for all she does in this House on preserving life in every sense of the word. In a context where article 39 of the Istanbul convention highlights the need to counter coercive abortion, does she agree that the proposal to allow women in domestic abuse situations unique permanent access to medical abortion, without needing to leave their abusive environment for a physical consultation, is nothing if not seriously misplaced? That is why her amendments (a), (b) and (c) to new clause 28 are very appropriate.

[Fiona Bruce]

I will come on to that; I thank the hon. Gentleman for his contribution.

I want to quote someone who works regularly with victims of domestic abuse. She says:

“This proposal in reality is actually a gift to male abusers who want their partners to abort.”

New clause 28 will not help abused women. It could put them in a worse position, and it is dysfunctional. I tabled amendments (a), (b) and (c) to illustrate that fact. I want to thank the hon. Member for Belfast East (Gavin Robinson) and my right hon. Friends the Members for Basingstoke (Mrs Miller) and for Gainsborough (Sir Edward Leigh) for underlining and accepting that. Amendments (a) and (b) address the fact that there is no 10-week gestation limit, which is potentially dangerous, and that this potentially includes surgical abortions outside clinically approved settings, which is similarly concerning. Amendment (c) relates to the vital need for some sort of review of the current emergency legislation before any extension of the legislation is brought forward. I thank the Minister for her proposal of a consultation. Will she confirm that it will be a proper inquiry?