That is another of the unforeseen consequences of badly drafted legislation. The innocent may suffer and others may be mobilised. Protections are proposed, such as the use of discretion, and we have been given assurances on the Floor of the House about the way in which the legislation will be used. However, I remind the House of when we debated the most recent anti-terror legislation. We sought assurances at that stage from my right hon. Friend the Home Secretary, who was then a junior Minister at the Home Office, on whether peaceful demonstrators would be caught by that legislation. We were assured that peaceful demonstrators would not be affected by it and would not be liable to arrest. Within eight weeks, peace campaigners demonstrating outside an arms fair in east London were arrested under that legislation despite the assurances given on the Floor of the House. The bizarre experiences at Labour party conference—not just of Walter Wolfgang but the 460 other people who were detained under the legislation—gave the lie to the assurances that were given.
My hon. Friend the Member for Pendle (Mr. Prentice) made the point with regard to the Kashmiris and my hon. Friend the Member for Islington, North (Jeremy Corbyn) made it with regard to the Tamils. I have many Sikhs in my constituency, some of whom support the cause of Khalistan, and terrorist activity has been associated with that cause. Those constituents become vulnerable under this legislation on the issue of the interpretation of reckless behaviour because they will glorify the concept of Khalistan as a legitimate objective for people within the Punjab. They might be caught out by sweeps that bring the innocent before the courts, and an inaccurate interpretation of some of this legislation might leave them vulnerable.
The reason why some of us support the Lords amendment is that—despite opposing the concept in principle—it gives more certainty that the legislation will not be used in sweeps, to arrest the innocent or cause miscarriages of justice. It is for those practical reasons that I support the Lords amendment, not for any attempt to make political capital out of the issue, which I regret has been done so far. As a Londoner, I find it distasteful that the July bombings have been used to justify some of the measures in the legislation for party political purposes, rather than for their effect.
Terrorism Bill
Proceeding contribution from
John McDonnell
(Labour)
in the House of Commons on Wednesday, 15 February 2006.
It occurred during Debate on bills on Terrorism Bill 2005-06.
Type
Proceeding contribution
Reference
442 c1460 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
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Timestamp
2024-09-24 16:03:36 +0100
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