Terrorism Prevention and Investigation Measures Bill

We are introducing a new regime. We did what we undertook to do as a coalition Government when we came to power. Both parties were committed to reviewing the control order regime. We did that, and what we have decided is that the right balance between civil liberties and national security is reflected in the Bill. It will enable us to take action to prevent terrorist activity by that small number of people who, as I have said, we are unable to prosecute or deport, while at the same time re-striking the balance between national security and civil liberties. The financial services measures would allow individuals to be limited to one bank account, for which they would have to provide statements. Transfer of money and goods overseas without prior permission could also be prohibited. Under the association measure, a list of prohibited associates would be supplied to the individual in advance, with the possibility that notice would be required of meetings with other individuals. The reporting measure would require individuals to report to a particular police station at a particular time, and the monitoring measure would require them to co-operate with arrangements to monitor their movements, communications and other activities. That might include a requirement to wear an electronic tag. The Bill places clear limits on each of the restrictions that can be imposed. For example, it clearly provides no power for individuals to be relocated to another part of the country without their consent. The exclusion measure will allow only tightly defined exclusion from particular places such as named buildings and streets or defined locations. It will not allow exclusion from wide geographical areas. Exclusion will also be allowed from certain types of locations such as airports, ports or international railway stations. The need for such an exclusion should be obvious. As for restrictions involving electronic communication devices, the Bill makes it clear that the individual concerned must be allowed to own and use at least one fixed-line telephone, a computer and fixed-line internet connection and a mobile telephone. All that must of course be subject to specific conditions, such as the provision of passwords and phone numbers. The Bill also sets out the conditions that must be satisfied before the Secretary of State may impose a TPIMs notice. A key change from the control order regime is that the Secretary of State must now reasonably believe, rather than reasonably suspect, that an individual is or has been involved in terrorism-related activity. The Secretary of State must also reasonably consider that it is necessary to impose particular measures on an individual to protect the public and to restrict the individual's involvement in terrorism-related activity. That means that the package of measures will vary from case to case, which is only right given that all cases will be different. We are aware that TPIMs are a short-term tool to protect the public rather than a long-term solution. A person will be subject to a TPIMs notice for no more than two years in response to specific terrorist-related activity. The initial notice will be imposed for one year, and can be extended once if that is necessary to protect the public. If an individual engages in new terrorism-related activity, of course a new notice and new measures can be imposed with a further two-year time limit. A new notice could be imposed immediately if terrorism-related activity had occurred during the life of the TPIM, and a new TPIMs notice could be imposed after the original one had expired. That is an essential safeguard for our national security, ensuring that appropriate disruptive action can be taken if an individual re-engages in terrorism-related activity. As with the current regime, the courts will have to give permission for a TPIMs notice to be imposed. Only in the most exceptional and urgent cases will court permission not have been obtained before the imposition of a notice. If the court gives permission, a full review of the decision must begin automatically. There will be no requirement for the lodging of an appeal. The full review will be heard by a High Court judge. If the judge does not consider that the relevant conditions have been met, in relation to the notice as a whole or in relation to specific measures within it, the judge may quash the whole notice or specific measures as appropriate. Individuals will know enough of the case against them to enable them to instruct their own lawyer and the special advocate who will have access to all material, including sensitive material.