UK Parliament / Open data

Terrorism Bill

I agree with what others have said about clause 17 and the two amendments to it, both of which I support. We have had this discussion about extraterritorial jurisdictions before, and the turning point was the case of General Pinochet. The case for his extradition to Spain was brought here, and the historic ruling of the House of Lords was that crimes against humanity, genocide and torture were universal in their jurisdiction. That is now accepted as fact, and everyone will agree that such major crimes should be universal. But I find it bizarre that this Bill seeks to make its many catch-all clauses universal, in terms of the jurisdiction of this country. Successful asylum seekers have gained asylum and refugee status in this country because it was deemed that they would be subject to irrational, unusual or dangerous punishment if they were deported to their country of origin; that is not, however, a judgment one way or the other on what they were doing in that country. Indeed, many of us have supported asylum seekers in their right to seek asylum in this country with whose politics or religion, for example, we profoundly disagreed. They are granted asylum on the basis that they are being granted a place of safety. On the question of interpretation, all those who took part in the struggle in Chechnya and who sought asylum in this country from Russia have been labelled terrorists by the Russian Government, whether or not they took part in any military activity. It is a convenient label for the Russian Government to use. The same applies to those who in the past sought asylum from parts of central America. The United States Government labelled them, saying that any Sandinista was automatically and ipso facto a terrorist because they were a Sandinista. That does not mean that they actually were, and in any event, who takes such decisions? The Bill as it stands would give the Attorney-General an enormous amount of work, and hand him a large can of worms. Another problem would arise if the status of an organisation in terms of political approval were to change. For example, the Kosovan Liberation Army used to be on the US State Department’s terrorist list. It was removed and, after a period of reflection that lasted only 24 hours, was placed on the list of freedom fighters. The transfer was very rapid, and probably the fastest in history. Let us look at the example of a person accused of committing terrorist acts for the KLA. If that person came to this country, would he or she be prosecuted, under the terms of the Bill? Another difficulty has to do with the quality of evidence available in such circumstances. What rules exist to determine whether a person committed an act of terror? How could independent witnesses be found? How would the necessary evidence be gathered? I hope that the Minister can help with all those questions. The proposal takes us into dangerous and uncharted waters. As with previous clauses, I want to know why clause 17 has been included in the Bill. The amendments that we are debating would help a great deal, as they make it clear that jurisdiction would be restricted to the UK. They would protect us from the can of worms that would be opened up by the need to make subjective decisions about people involved in political campaigns around the world. The amendments would allow the protection of the Geneva convention to apply, in accordance with normal procedure.
Type
Proceeding contribution
Reference
438 c1044-5 
Session
2005-06
Chamber / Committee
House of Commons chamber
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