Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2009

My Lords, I cannot say that I welcome or enjoy this annual renewing of the order. However, in the circumstances, it seems important that it should take place, so that at least once a year Parliament gets the opportunity to consider this measure, those subjected to it, the way in which it is implemented and its implications for the rule of law and human rights. As I said last year, my concern in this matter has always been to ensure that we do not at any time forget the severity of this measure and the effect that it has on those subject to it, who include the families and friends of those under control orders. The noble Lord, Lord Carlile, has once again given us a considerable amount of information in his report on the conditions imposed and their intensity. I thought that it would be helpful to put on the record some of the detail of just one case, to indicate the everyday reality of these orders for the individuals who are subject to them. This is Case 15, and can be found in Annexe 1 of the report of the noble Lord, Lord Carlile. Case 15 has 20 of the 22 possible restrictions. He is electronically tagged. He is under curfew for 16 hours a day. He must report daily by telephone. His visitors are restricted, except for some family members. He cannot meet anyone outside his home without approval. He is issued with a list of people with whom he must not associate. He must let the police in at whatever hour they come. Communications equipment in the house is restricted. He can attend only a specified mosque—the text says "mosque", and I am not sure what one should conclude from that. There are places that he cannot go to at all. He must tell the Home Office if he intends to leave the UK. He can have only one bank account. He needs approval to send anything abroad, apart from personal letters. He must surrender his passport. He cannot leave the UK. He cannot go to a port or a railway station. He must report daily to a specified police station. He must tell the Home Office if he works. Finally, he must get prior approval to study. He was exempted from two of the 22 possible conditions. Some more light on the reality of this measure comes from the very helpful table of litigation on pages 15 to 17 of the report of the noble Lord, Lord Carlile. From this, we learn that a control order was quashed on this ground: ""Evidence of sympathy with insurgents insufficient on its own"." From another case, we learn that the detainee was required to, ""move to a specified city where he knew nobody"." From another we read: ""Controlee recently sectioned under Mental Health Act 1983"." This is the same controlee who the court said was: ""No longer required to report by telephone to a police station in the early hours of the morning; nor to obtain prior approval for female visitors to his family at home"." For another case, there was a, ""refusal to permit controlee to attend AS Level science courses … attendance would enable him to acquire skills and information re production of pathogens and explosives"." A court said: ""Relocation to unfamiliar area and 16 hour curfew not of themselves disproportionate. However, those restrictions combined with ban on attending pre-arranged meetings outside his home, and consequent social isolation, made this deprivation of liberty contrary to Art 5"." Those give a helpful insight into the experiences of some individuals. The Home Office’s Control Order Review Group, which reviews each control order on a quarterly basis, has an important role. One of its functions is: ""To monitor the impact of the control order on the individual, including on their mental health and physical well-being, as well as the impact on the individual’s family and consider whether the obligations as a whole and/or individually require modification as a result"." This is vital and I was glad to hear the Minister say that it is rigorous. I am sure that it is, but it would be very helpful for the House to know how it is done. Is there an independent doctor or a social worker? Who makes the assessments about mental health and physical well-being? Does someone interview the family members and the children? If the Minister could give the House some information on how the Control Order Review Group satisfies itself on these matters, it would help noble Lords to understand, as I am sure is the case, that this responsibility is taken very seriously, for these are extraordinarily stringent measures. I cannot begin to imagine what it must be like to be a family member living in a house where the husband or father is subject to a regime such as this. It can be imposed without a charge, a trial, a jury or any public scrutiny of the proceedings, and for time without end. Last year, I raised the question of the length of control orders. Two of them have now been in place for more than three years. The more one finds out about this system, the more anxieties arise. I agree very much with the words of Douglas Hogg MP, in the debate on Tuesday in the other place. He said that, ""it is very difficult for the House, the public or the press to know whether what we are doing is really justified or proportionate, and whether it is being done in a way that is right, proper and justified. We just do not know, and that is profoundly unsatisfactory".—[Official Report, Commons, 3/3/09; col. 756.]" I agree that it is indeed profoundly unsatisfactory. I am sure that we could do better than this with all the experience that we now have and I am very grateful to the noble Baroness, Lady Miller, for moving her amendment, which I shall support.