Terrorist Offenders (Restriction of Early Release) Bill

Debate between William Cash and Desmond Swayne

Committee stage & 3rd reading: House of Commons & Committee: 1st sitting: House of Commons & 3rd reading & Committee: 1st sitting
Wednesday 12th February 2020 Commons Chamber

[Nick Thomas-Symonds]

I know the hon. Gentleman nods his head, but I am not comfortable with that position.

The second point is that I firmly believe we can tackle this issue of terrorism and remain signatories to the European convention on human rights. That is essentially the Government’s position here today, and I really do not think that we need to get into this debate because the Government have clearly stated that the Act—or the Bill, as it currently is—is compliant with article 7. If people wish to challenge that in the courts, that is a matter for them, but the Government must be confident in their legal position.

Under the Human Rights Act, each Bill that comes before the House contains a sentence on its front page to show that Ministers have considered whether it is compatible with that Act. If they had wished, the Government could have stated in the Bill that they did not think it compatible with the Human Rights Act, but they wanted us to proceed regardless. They did not do that, however, and they clearly state on the Bill their belief that it is compatible with the Act. We have heard a case law of history from the hon. Member for Stone (Sir William Cash), and others, but that is the Government’s position, and for those reasons I cannot support the amendment. I understand that he will not push it to a vote, and the debate will continue in the other place, but this is not an amendment that would have found favour on the Labour Benches.

Let me return to new clause 1. I will not push the idea of an independent reviewer to the vote—I will not frustrate the passage of the Bill in that way. However, it would assist the Committee if the Minister set out how Members will be able to scrutinise the programme of de-radicalisation over the next few years, and how we can have the information before us—whether from the Ministry of Justice directly or in another way—to assess how it is working.

The former Prime Minister, the right hon. Member for Maidenhead (Mrs May), intervened on the Justice Secretary during his opening speech, and said that she felt there had been a lack of success in the de-radicalisation programmes. She is right, and we need to see some success in the years ahead. I will not push new clause 1 to the vote, but I hope the Minister will provide some assurances about how such scrutiny could take place.

[Sir Desmond Swayne (New Forest West) (Con)]

I do not intend to detain the Committee long, Dame Eleanor, and the Minister should consider this not so much a probing amendment as a prodding amendment—it is my intention to prod the Minister.

The purpose of my amendments is stunningly obvious. At lines 34 and 37 I wish to remove “two-thirds”, and insert the words “nine-tenths”. In reality, many sentences, even for acts of terrorism such as the possession of terrorist promotional material with intent, give rise to a surprisingly short sentence, such as four years. In such a case, the difference between half the sentence, as currently served, and two-thirds, is a mere six months. Admittedly, extending that to nine-tenths of the sentence does not address the nature of the problem—that is why this is a prodding amendment—but the fact is that sentences are too short.

There is a general problem of honesty in sentencing. When a judge hands down a sentence in court, all those in the know work out on the back of a fag packet what it means in terms of imprisonment, but the public, who are generally not in the know, do not understand that the sentence is not that at all. They would be scandalised if they knew.

[Sir William Cash]

Does my right hon. Friend remember a recent case of two treasure hunters who I think got as much as 10 years because they had not declared a treasure trove? Compare that with somebody who is intent on murdering people on the streets of London, or anywhere else.

[Sir Desmond Swayne]

That is the random caprice of the judiciary! Returning to the issue before us, on the specific point of sentencing for terrorist acts, we must be clear in our minds about what intention lies behind our whole sentencing policy. I believe that fundamentally it must be to secure the reformation of the offender before he is released. The problem is that existing strategies for reforming offenders, and de-programming them from their ideology, are somewhat untested. Those that are tested—such as the programme run in Saudi Arabia, which has been shown to be effective—take a relatively long time. I suggest, therefore, that that lends itself to an indeterminate sentence to detainment at Her Majesty’s pleasure until a licensing authority, the Parole Board, has decided that the offender is safe to be released. That is the purpose of my amendment: merely to contribute to that debate.