Terrorism Prevention and Investigation Measures

Pete Wishart Excerpts

Tuesday 21st January 2014 Commons Chamber

[Yvette Cooper]

The concern for us is that the weakening of the terror powers has led to additional costs. We simply do not know what additional costs there might be now as a result of ending control orders for up to six people this month.

The Prime Minister told the House earlier this month that TPIMs “are working”, but the verdict on TPIMs, two years on, is very different. According to the independent reviewer, there have been no successful prosecutions, despite all the Home Secretary’s promises. The removal of relocation powers has badly backfired. No one relocated as part of their control order ever absconded, yet the Home Secretary removed relocation powers and lost two out of 10 suspects in 12 months. Ibrahim Magag ran off in a black cab; Mohammed Ahmed Mohamed ran off in a burqa. They have not been seen since, and the Home Secretary and Prime Minister have no idea where they are. The Prime Minister calls this a successful policy, yet 20% of the terror suspects on TPIMs have disappeared within a year.

We want to concentrate on the six men expected to be released from TPIMs this month. The House warned the Home Secretary of the risks that she was taking by restricting TPIMs to two years regardless of the security assessment unless fresh terrorist activity had occurred. Here is what Mr Justice Collins said about her legislation:

“if a TPIM has achieved its purpose and the Home Secretary has no reason to believe that any terrorist related activity has occurred, there will be no power to impose a fresh TPIM whether or not…the Secretary of State has reason to believe the subject will involve himself in terrorist related activity.”

In other words, if the TPIM works to prevent terrorist activity, there is no possibility of the Home Secretary extending it, even if she has good reason to believe that that terror suspect remains a serious risk and will return to terrorist activity straight away.

If that is the case, Parliament needs to know the extent of the risk that these men pose now, and the Home Secretary needs to give us this simple piece of information: does she believe that these six men are still likely to pursue terror-related activity: yes or no? The courts said they were likely to do that 12 months ago. Does she believe they are now? Are these men still a risk: yes or no? She cannot claim that she does not comment on individual cases, because she has already done so. Public statements have been made about these men and the risks they pose.

Let us take the person known as CD—one of the men whose TPIM expires this month. The Security Service said he was trying to procure firearms for a terrorist attack in the UK. Just over a year ago, the judge agreed he was too dangerous to remove the TPIM controls. The judge said at that point that

“the evidence that CD has been involved in terrorist activity is overall stronger now than it was”.

He also said that the

“control order and now TPIM are having something of their intended effect, but that is very different from saying that the TPIM should be ended…there remains a network, his views and determination are unchanged, he has training”.

What has changed since then? Have CD’s views and determination changed? Has his network changed? Or is there still a significant risk that he will try to get firearms or other weapons again to pursue a UK attack? The Security Service and the judge told us a year ago that this man was a serious risk; now the Home Secretary is removing all his restrictions. We have a right to know whether she still thinks he is a risk or whether that risk has gone. I will give way to the Home Secretary if she will tell us now whether CD is still a risk. [Interruption.] The Home Secretary has chosen not to intervene to answer the specific question about whether CD remains a risk.

[Pete Wishart (Perth and North Perthshire) (SNP)]

Is the right hon. Lady really telling us that she is going to take us back to the bad old days of Labour’s anti-civil-libertarian state, with its control orders, ID cards, national database and 90-day detention? Is that where new Labour is going to take us once again?

[Yvette Cooper]

The hon. Gentleman, too, should want this information and these answers from the Home Secretary. Whatever his views about the legislation, he ought to want answers from the Home Secretary about whether CD still presents a risk. Our view is that it is right to have exceptional legislation, but that strong safeguards should also be in place. Sometimes there is a need for clear powers, but clear safeguards must also be in place. There should be provision to review TPIMs or control orders to make sure that they are used only where it is proportionate and justified. However, the Home Secretary should provide answers about whether she is needlessly putting people at risk as a result of the decisions she has taken.

--- Later in debate ---

[Mrs May]

As my hon. Friends are saying from a sedentary position, there is a basic difference between the individuals: one set of individuals has been prosecuted, convicted and put in prison. The suggestion that somebody who has at some stage been involved in terrorism activity is never allowed to be released on to the streets is not correct, yet that is the impression that the Opposition sometimes give. In their comments on control orders, they fail to concentrate on the fact that 43 people who were on control orders came off their restrictions. That may have been because the orders were allowed to expire or they were revoked or quashed by the courts, or people may have absconded. As I have said, even before TPIMs were introduced, the courts would simply not allow people to be parked permanently on control orders. When the Commissioner of the Metropolitan Police was asked whether he had concerns about time limits, he said, “I do not think so.”

[Pete Wishart]

It has come to something when the Tories are having to lecture Labour on civil liberties. Why does the right hon. Lady not just test the evidence? Why does she not make sure that those who are on TPIM orders are taken to the courts so that the courts can decide? Surely that is what we do in a democratic society.

[Mrs May]

We take individuals to court where it is possible and where there is evidence on individuals to prosecute them for crimes under the Terrorism Acts. The court is then able to make those decisions. The issue is what does society do with the individuals we are not able to deport or to prosecute. The Government took the decision at an early stage that we introduce TPIMs and give them a two-year time limit. That matter was debated and discussed in this House.