I shall give way in a moment, but I shall choose my own time to do so, if I may.
The Bill extends the provisions to those who disseminate terrorist material, including on the internet, but makes clear that those who simply transmit material that does not reflect their views will not be caught. That will, among other things, enable the United Kingdom to ratify the Council of Europe’s convention on the prevention of terrorism, which I think is an important step.
The encouragement offence also includes glorification, which was a manifesto commitment. After we published our initial proposals, it was clear that there was considerable unease about the proposal for a self-contained offence of glorification of terrorism. In the spirit of consensus, we have now responded to that concern. Accordingly, glorification is now an offence only if the person who glorifies terrorism believes, or has reasonable grounds for believing, that the remarks will be understood as an incitement to terrorist acts.
Some concern has been expressed about the appropriate definition of terrorism, particularly by the Chairman of the Home Affairs Committee, my right hon. Friend the Member for Southampton, Itchen. The definition that will apply to the new offences in the Bill is the one that was agreed by Parliament for the Terrorism Act 2000, with the addition of a small change which will bring threats against international bodies, such as the United Nations, within the scope of the definition. Beyond that, the Bill uses the definition of terrorism that has become established in our law.
The definitions used internationally, such as that used in the recent European Union Council framework decision of 13 June 2000, do not appear to be substantially different, and we do not consider them to have advantages over the definition used in the UK legislation. Following the Security Council resolution from which I quoted earlier, the UN is still seeking agreement—which I think will be difficult to achieve—on an appropriate definition of terrorism.
Let me emphasise, in the light of the discussion that we have been having, that the Bill will not in any way interfere with the right of political demonstration, with criticism of any regime or with an appeal for change, however strongly worded. Nor will it interfere with the rights of individuals to seek other peaceful means of achieving political ends. What it outlaws is the encouragement of violent attacks.
The offence of encouragement of terrorism is a serious offence, carrying a maximum sentence of seven years’ imprisonment, and has been framed with a number of safeguards. First, the person making the statement must have known, believed or had reasonable grounds for believing that it would have been likely to be understood as an encouragement of terrorism by a member of the audience to whom it was made. Secondly, any prosecution could proceed only with the permission of the Director of Public Prosecutions, who would have to determine whether a prosecution was in the public interest. That is an important safeguard, and not to be taken lightly.
Terrorism Bill
Proceeding contribution from
Charles Clarke
(Labour)
in the House of Commons on Wednesday, 26 October 2005.
It occurred during Debate on bills on Terrorism Bill.
Type
Proceeding contribution
Reference
438 c334-5 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Librarians' tools
Timestamp
2024-09-24 15:57:47 +0100
URI
http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_270039
In Indexing
http://indexing.parliament.uk/Content/Edit/1?uri=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_270039
In Solr
https://search.parliament.uk/claw/solr/?id=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_270039