Prevention and Suppression of Terrorism

The short answer is that I do not know specifically. If, during the course of our debate, I receive some inspiration, I will slide it into my remarks at some stage. In general terms, I have deliberately not gone down to that level of detail for a debate of a mere hour and a half. I just want to present the highlights of the arguments for the order rather than get into the specifics. I will gladly let my hon. Friend know the answer in another way, if necessary. We think that the need for the powers is clear. Parliament can also be reassured that a comprehensive set of safeguards is in place under the Prevention of Terrorism Act 2005 to ensure the appropriate use of the powers. Indeed, we remain firmly of the view that the legislation and the order before us today are fully compliant with the European convention on human rights—if I may say that with the hon. Member for Stone (Mr. Cash) in his place. The 2005 Act provides full judicial oversight and rights of appeal. The courts must give permission for the Secretary of State to make a non-derogating control order or confirm within seven days an urgent control order made by the Secretary of State—and I should add that that power has not been used at any stage thus far. There is automatic, independent judicial review of the decision to make or renew a control order. Individuals subject to control orders can appeal the Secretary of State’s decision to modify a control order and apply themselves to have one revoked or modified where there is a change in circumstance and the Secretary of State’s decision can be appealed. In the past, some people have questioned the sufficiency of the safeguards put in place by the 2005 Act, but events over the last year demonstrate the robustness of those safeguards. Hon. Members will be aware that the judiciary has been actively overseeing the Act, which is right and proper. First, we welcome the Court of Appeal’s conclusion in August 2006 that the judicial review procedure within the Act was compatible with article 6 of the ECHR, which deals with the right to a fair trial. That overturned an earlier High Court ruling against the Government. Secondly, the Court of Appeal upheld an earlier High Court decision that the particular control orders imposed in respect of six individuals breached article 5 of the ECHR on the right to liberty. We have appealed and both those points of law will now be heard before the House of Lords. Thirdly, there have now been three control order review hearings in which all the substantive evidence has been put before the courts. Previous hearings had dealt only with legal issues. The High Court handed down judgment on the first such case last Friday. We were of course disappointed that the judge chose to quash the order when the judge himself agreed that the individual was reasonably suspected of being a terrorist, and that the decision to keep the individual under a control order on an ongoing basis was necessary. We will appeal against this decision. Meanwhile, to protect the public, we have made a new—but, inevitably, weaker—order against this individual in the light of the judgment.