Counter-Terrorism and Border Security Bill

Kevin Foster Excerpts

2nd reading: House of Commons & Money resolution: House of Commons
Monday 11th June 2018 Commons Chamber

[Sajid Javid]

The hon. Gentleman mentions the Australian extraterritorial offence that has been created, and I am looking at just that. There is a bit more work to do, and it is not as straightforward as it might sound. If it is to become a legislative proposal, I obviously want to make sure that we have considered it properly. If I am persuaded by it and we can complete the work in time, I intend to bring that forward as a Government amendment to the Bill.

[Kevin Foster (Torbay) (Con)]

The Home Secretary has my support on the thrust of the Bill. However, on matters such as the one that has just been raised, will he assure me that he will ensure there are exemptions and defences for quite legitimate purposes? For example, we do not want to get into arguments about whether an aid worker has crossed a particular line when they are in an area for purposes that none of us would view as criminal.

[Sajid Javid]

Yes, I absolutely give my hon. Friend that assurance. As with many of these types of measures, there is always the need to consider what I would call a reasonable excuse defence.

Once we have brought terrorists to justice and secured their conviction by a jury, we want to make sure that the public are protected by locking up terrorist offenders for longer and allowing more robust supervision on their release. The punishment for terrorism must properly reflect the severity of the crime. That is why the Bill allows for the introduction of longer sentences, of up to 15 years, for a number of offences, including the collecting of terrorist information, the encouragement of terrorism and the dissemination of terrorist publications. Previously, the maximum sentence was up to 10 years for such offences.

As well as increasing the maximum length of sentences, we need to ensure that terrorist offenders are not released from custody until it is safe to do so. When they are released, they need to be subject to longer periods of supervision on licence. The Bill will achieve this by enabling the courts to impose a public protection sentence for a wider range of terrorism offences. Offenders will not be released automatically at the halfway point of their sentence, but will instead stay in prison until the Parole Board decides to release them.

We are also extending sentencing provisions to Northern Ireland that already operate in the rest of the United Kingdom. The sentences handed down by the courts in Northern Ireland have been of particular concern to some hon. Members, and the Bill will help to address that.

The Bill will make it easier to monitor terrorist offenders once they have been released by requiring them to notify the police of their bank or passport details and any vehicles that they may possess or have access to.

--- Later in debate ---

[Kevin Foster (Torbay) (Con)]

It is a pleasure to be called to speak in this debate and particularly to follow the hon. Member for Barrow and Furness (John Woodcock), who made a thought-provoking speech. It was certainly interesting to hear references to one or two of his party’s Front Benchers, although it is probably better that I focus on the substance of the debate than on whether I agree with his comments.

It is important to discuss how to ensure that those who actively set out to support terrorists and organisations that wish to destroy democracy, rather than to engage in debate and democracy, feel the force of the criminal law. I am pleased that this Bill will update the legislation to reflect the fact that we are now in the internet era. However, we must temper this with ensuring that nobody can innocently fall foul of the offences. That can be considered in detail in Committee. I was reassured to hear the Home Secretary’s responses to a number of interventions on this point. He said that there will almost certainly be a reasonable excuse defence for those who might stumble on material or for those who might be engaged in research that we would want them to do and that is not connected to another intention.

I am conscious that these definitions need to be drawn fairly tightly to ensure that we do not create a loophole that could be used by someone just claiming that they were engaging in research. For example, we would need them actively to show that they were part of a recognised research project. I am sure that we can sensibly work out such matters when we discuss the Bill in detail. We must always ensure that our intention is clear in the legislation that we pass, rather than hoping that the courts will listen to what we have said. It is the wording of the legislation that courts will ultimately consider when making decisions about any defence.

I am very pleased with what I have heard. It is right that we end the position whereby the law is not necessarily brought into effect by people streaming material, especially given the explosion—figuratively, not literally—of available sources. People can now stream video to their mobile devices in particular, whereas they would have downloaded material from sharing sites in the past. It is also appropriate that the protections are in place to ensure that nobody is innocently caught by such offences.

It is appropriate that more significant sentences are available to the courts for the offences listed in the Bill. Those who are looking to take part in plots to cause significant loss of life should know about the sentencing powers available to the courts and that those powers will actually be used. I was particularly interested to hear my hon. Friend the Member for Cheltenham (Alex Chalk) mention the possible sentence for someone who pleads guilty. This legislation is not just about everyone getting the maximum sentence, which is very unlikely to happen, but it will raise the bar for each person convicted or pleading guilty to such offences and ensure that they get time in prison that is commensurate with their offence, time in which it might also be possible for prisons to do useful work with them to turn them away from an extremist path.

We have debated Prevent. Ultimately, the motivation behind this type of behaviour does not matter. It could be the politics of the extreme left or right, or a totally perverted interpretation of a religion. I must be clear that in such cases of extremism or terrorism, the interpretation of the religion is always a perverted one. No religion genuinely backs the actions of extremists walking into a concert and blowing themselves up among women and children who are just enjoying the evening. We need provisions in place to turn people away from that path.

I have certainly found it interesting to listen to this debate. The public are clear that there should be increased sentencing provisions to allow the courts to deal with those who commit such offences. We have seen many stories over the past few years. In particular, I look back at the events of a year ago, when those who were hoping to use terror attacks to deflect from the general election campaign attacked innocent civilians. They hoped that they would somehow terrorise people to change policy or elect people to this place who might not agree with tackling such issues. In fact, all they did was strengthen the resolve of those of us who are democrats, as happened when this Parliament and its Members—some of whom are commemorated on the walls of this very Chamber—were under attack in the past. We were not deflected from our confidence in democracy then, and we will not be deflected in the 21st century from tackling those who wish to destroy democracy. We will ensure that those who believe that they can express views with impunity online that they would never think of expressing in another public forum know that the law will catch up with them.

Members have discussed the retention of materials, particularly fingerprints, as the shadow Home Secretary picked up on the point regarding biometric details. This issue clearly needs further detailed scrutiny and debate. I think that we would all say that there are legitimate intelligence grounds for the police keeping such details following an arrest in circumstances where particular conditions are met. We would not say that details should be destroyed immediately merely because an offence was not proceeded with. I accept that this needs to be balanced with the fact that those who are wholly innocent should not think that their data will always be on a database. For example, there may be a case of mistaken identity that leads to an arrest, or a piece of intelligence may be found leading to the discovery that someone is not, or is unlikely to be, guilty of an offence. It will be interesting to explore how this balance can struck in more detail in Committee. Clearly, it would not be sensible to throw away potentially valuable evidence that might at a later stage allow us to proceed on an offence, to prevent the commission of a further offence, or simply to identify someone. Again, we have to balance that against rights. The principle is right and the overall thrust of the Bill is correct in this matter, but we could explore it in more detail in Committee and on Report.

Overall, the Bill is timely. The threats against this country are growing—not just from non-state actors such as Daesh, but from rogue state actors who seek to engage in behaviour that few of us would have thought likely even a few years ago. The use of chemical weapons against two people on our soil would have been unimaginable only a decade ago. It is therefore right that our legislation is kept fully up to date. The Bill will allow the House and Parliament as a whole to review the legislation, look at it in more depth and produce an Act of Parliament that is firmly rooted in the digital era. In the past, we would have been talking about people displaying flags in public places as our main worry. Now it is about what people are displaying online, particularly under a false flag of a fake digital identity.

This has been a useful debate. I look forward to seeing the Bill progress. It has my support. It has been encouraging to hear the views from across the House that indicate that it is likely to receive cross-party support at this stage, subject to the further debate that we can have only by giving the Bill its Second Reading today.