Prevention and Suppression of Terrorism

With the greatest respect to the hon. Gentleman, that is not the case. It would not be right to suggest, from whatever perspective, that we are having to sort things out in this twilight zone, in which people are sufficiently suspected but there is insufficient evidence, only because of the Human Rights Act and the ECHR. That is not the case. Even if we were operating in a completely ECHR-free zone—as the hon. Gentleman would like—these would remain extremely complex legal difficulties. It is wrong to suggest that we are in this twilight zone of control orders simply because we are working against the backdrop of the ECHR and the Human Rights Act. These are difficult and complex circumstances. Contrary to what many critics suggest, there is only a very small number of these cases. That in itself is not a virtue, but the notion sometimes put about that these provisions have universal application and are somehow a prelude to quasi-internment is simply not the case. We are simply seeking to renew the order, as I have said. We are constantly seeking to improve the way in which we administer control orders, and Lord Carlile’s new report includes some specific recommendations which we will consider carefully, consulting interested parties as necessary. We will respond to the noble Lord in due course. The recommendations include suggestions of areas for possible legislative amendment, which we will of course examine. In addition, Lord Carlile notes the need for an exit strategy, so that individuals are not subject to control orders indefinitely. Control orders are valid only for a maximum of 12 months at a time. Indeed, following Lord Carlile’s recommendation last year, we established the control order review group to keep all control orders under quarterly, formal and audited review. This helps to ensure that obligations in control orders remain tailored to the individual, and that they are necessary and proportionate. If the individual is no longer considered to represent a significant risk, the control order would be revoked. As part of the review group’s work, a fresh look is being taken at whatever body of evidence is available in relation to the ability to prosecute. That is part of its work. Lord Carlile also states his belief that there is a need for thorough, documented consultation in every case as to whether a prosecution could be brought against individuals subject to a control order. That relates to the point raised earlier by my right hon. Friend the Member for Southampton, Itchen (Mr. Denham). Following Lord Carlile’s recommendations, we are looking in some detail at all the administrative and more general processes in relation to establishing a more detailed audit trail between the CPS and the police, in order to make a full assessment of the evidence presented by the police if it is just short of being admissible.