Terrorism Prevention and Investigation Measures Bill

My Lords, I support these amendments so ably spoken to by the noble Baroness, Lady Hamwee, and I express my gratitude to her for the tremendous amount of detailed work that she has done on this issue. As I made clear at Second Reading and wish to make clear again, I very much appreciate the approach that the Minister is taking to the Bill and the improvements to the current regime that have been introduced. However, the noble Baroness, Lady Hamwee, has reminded us very usefully that at the centre of this is indeed a human being, and his family, who is subject to very demanding requirements to go at certain times to certain places, not to go into the garden, as the Minister has just explained, and to be subject possibly to 12 months’ imprisonment for failing to conform. Perhaps I may concentrate solely on Amendments 40 and 42 to 44. Amendment 40 expresses the wish for a continuation of—and, I hope, improvement to—the control orders review group, which arose after many, many discussions in this House on the earlier regime. I look forward very much to hearing some reassurance from the Minister on a review group for TPIMs. Amendments 42 to 44, which concern oversight and review, go further than a projected review group. The measures that we are discussing here clearly will not lead to a complete deprivation of liberty but they will undoubtedly have a profound effect on the day-to-day life of the person who is subject to them and the family of that person. They are not compatible with living a normal life as we know it. Although, as the Minister made clear earlier, they are indeed preventive, they will feel—to use the word chosen by the noble and learned Lord, Lord Lloyd of Berwick—punitive. Their effect is punitive, and that is why we need to consider the proposals in these amendments. The person who is subject to these measures will feel that he is being punished, and the people implementing the measure, who come from a law enforcement background and are familiar with punitive measures, will see that the person has had imposed on him measures that are, in effect, punitive. These measures will indeed affect the liberty of the person and they will also affect very directly the lives of that person’s family members, so the family will also feel that they are being punished. In all cases where we punish, we have systems in place to ensure that the treatment of those undergoing sanctions and measures is subject to independent inspection and oversight. As the Minister will know, the UK Government have, to their great credit, been in the lead in promoting the Optional Protocol to the Convention against Torture—OPCAT for short—which requires that everyone deprived of their liberty should have their detention open to inspection by national and international inspectors who are independent of government so as to prevent ill treatment. This principle has been widely accepted and the optional protocol has been ratified by 61 countries. The UK Government, to their credit, were the third in the world to ratify it. Accepting the principle that deprivation of liberty puts a human being in an environment where ill treatment is possible, health can suffer and urgent needs may not be met does not suggest for a moment that this always or regularly happens or that it will ever happen. However, it is an acceptance that that is always possible, and we want to ensure that it does not happen. It is an acceptance that deprivation of liberty puts an individual at risk of being at the receiving end of oppressive power. Here, I accept entirely that we are talking not about complete deprivation of liberty but about a substantial dose of it—enough to bring the measure within the purview of some independent oversight. The Government would maintain their good record on OPCAT and on inspection of places of detention if they accepted these amendments. There is now independent oversight not only of prisons and immigration removal centres but of police cells, some military detention establishments, all places where children are detained and hospitals. These amendments extend that provision to people restricted by these measures, and I hope that the Minister will be able to consider this idea favourably.