Part 2 of the Bill relates to terrorism prevention and investigation measures. This grouping includes clauses 12 to 16 as well as Labour’s amendments,
so I intend to use my contribution to address all the issues concerning TPIMs in part 2. The amendments are all probing, as we are broadly supportive of the changes the clauses introduce, especially the U-turn on relocation powers, which clause 12 reintroduces.
The Home Secretary introduced TPIMs in the first Session of this Parliament to replace Labour’s control orders. She claimed at the time that that was a fundamental rebalancing of security and liberty. In fact, there were only two major differences between control orders and TPIMs, or control orders-lite, as they have been called: the relocation power and the two-year limit. She also said that she had been forced to introduce TPIMs because too many control orders were being challenged in the courts. Although judicial oversight was of course a key element of the control orders regime, the courts had continued to find that control orders, including the power to relocate, were both necessary and proportionate in a number of cases, included all those that were later transferred to TPIMs.
I think that every Member of this House would agree that it is always better to prosecute individuals, wherever possible, for terrorist offences. No one wants TPIMs or control orders; we would all much rather see prosecutions for those involved in terrorism activity. However, in a very small number of cases evidence is inadmissible, for example because it would compromise security, and therefore prosecutions cannot be brought. That means we need an alternative measure to deal with the threat those individuals pose.