Counter-Terrorism Bill

We fully recognise the sensitive issues that arise in relation to international cases. As has been said, Clause 41 expands Section 19 of the Terrorism Act 2000 so that the Attorney-General or Advocate General for Northern Ireland has to consent to all prosecutions in the United Kingdom for terrorism offences committed outside the United Kingdom. In Scotland, the Lord Advocate is already responsible for all prosecutions and so there is no need for a consent mechanism. Clause 41 was drafted in response to one of the recommendations in the report of the noble Lord, Lord Carlile, on the definition of terrorism. This is not another sop being given to him; it is what it is based on. The decision of the Attorney-General, or the Advocate General for Northern Ireland, to prosecute is taken having regard to well-established principles of evidential sufficiency and public interest. Where Parliament provides for prosecutions to be commenced with the consent of the Attorney-General or the Advocate General for Northern Ireland, the decisions taken by those office holders will take account of all the relevant factors and should not be artificially fettered in the way proposed in the amendment. It would also be highly undesirable to create unnecessary opportunities for litigation regarding a decision to prosecute or not to prosecute. I agree with the noble Baroness, Lady Hanham, that there can be no justification for any acts of terrorism and that it is inappropriate to draw any moral distinction between the different causes which inspire such activity. Apart from it being amazingly difficult, it is inappropriate. The use of serious violence to terrorise and kill the public—to kill indiscriminately—is not acceptable regardless of motivation. There cannot be good and bad terrorists. There have been no cases of which we are aware where people have been inappropriately charged using offences provided for in terrorism legislation, or where the definition of terrorism has led to inappropriate use of specific counterterrorism powers. I therefore ask that the amendment be withdrawn.