Prevention and Suppression of Terrorism

I think that that is broadly right, in the sense that much of what my right hon. Friend describes does pertain, albeit not as formally as suggested by Lord Carlile. Lord Carlile referred to cases in which there was a real threat but very little evidence, resulting in the exchange between the CPS and the police being almost perfunctory. Such cases need to be looked at in more detail. Without being privy to the details of every single discussion between the police and the CPS, I am sure that the process will evolve in the way that my right hon. Friend has suggested. This relates to the tactics involved in issuing a control order immediately, and the need to strike a balance between having more time to gather evidence in the hope of being able to prosecute, and the real public safety threat that endures at the same time. This is always a matter of balance. The review will look at all these elements, and we will ensure that the House is kept up to date on our deliberations, either through our regular report on control orders or through some other channel. That is an entirely fair point, as is Lord Carlile’s broader point about an exit strategy and about keeping those elements constantly under review. The Secretary of State always consults the police, before making an order, on whether there is evidence available that could realistically be used for the purposes of a prosecution of the individual for an offence relating to terrorism. But the Government, with the police and the CPS, will review procedures for consultation in the light of Lord Carlile’s recommendation. The only thing that I am not sure about, in relation to the point raised by my right hon. Friend the Member for Southampton, Itchen, is the constitutional point that the Home Office, the CPS and the police would all have to sit down together to consider each and every case. The Home Office is the strategic safeguard of the law, and these cases are certainly a matter for the police and the CPS. I will keep the House informed of any developments. To sum up, although unsatisfactory, as I have said, it is the Government’s belief that control orders are necessary to address the continuing threat posed by terrorism. That belief is supported by Lord Carlile in his annual report. He explicitly reiterates his conclusion from his previous report, stating:"““I remain of the view that, as a last resort (only), the control order system as operated currently in its non-derogating form is a justifiable and proportional safety valve for the proper protection of civil society.””" The Government’s role, first and foremost, must be to protect the public. Control orders help to achieve that while maintaining the necessary safeguards to protects individuals’ rights. They are focused, almost by definition, on a very small number of individuals, but, none the less, given the seriousness of the conditions imposed, it is right and proper that there are judicial and parliamentary safeguards on the scheme. It is necessary to renew it for a further year and I commend the order to the House.