I will say only a few words, but I want to explain why I will not support amendment 4.
My opposition to TPIMs and their predecessors, control orders, is on the record. The latest proposals do nothing to address my long-held concerns. The measures before us will take us back in time to when the Secretary of State could require an individual to live in a residence and locality in the UK that he or she considered appropriate. That was a feature of the previous Administration that was abandoned by the current Home Secretary for good reasons. She has now taken a step backwards. Given that these measures will make it possible for individuals to be removed from their families and communities and placed, effectively, in isolation, I do not share the pleasure that is apparent on the Opposition Front Bench, nor the view of the Opposition that it is acceptable to allow people to be relocated without any limit on the distance.
The courts have ruled on a number of occasions that internal exile, in conjunction with the imposition of other restrictions, constitutes a violation of article 5 of the European convention on human rights. That stands whether someone is relocated 50 miles, 150 miles or 250 miles away from their home. In one case, Mr Justice Mitting ruled that, on the basis of evidence provided by the wife of the individual who was subject to a control order, the threat that the detainee posed would be reduced if he were able to remain with his family. That brings us to the crux of the matter. There is not a scrap of evidence that such a brutal and punitive regime plays a role in countering terrorism. In fact, it may well be counter-productive.
When a suspect is subjected to a TPIM, it tips them off, making it much more difficult to gather evidence of terrorism-related activity. TPIMs exacerbate the potential for increased alienation and radicalisation, because they can be made against those who pose no direct threat to the British public. Moreover, as Liberty and others have reported, and as the shadow Minister just said, TPIMs have never led to a terrorism-related prosecution. If the purpose of such proposals is to counter terrorism and make us more secure, TPIMs have little to recommend them and neither did control orders before them. I believe that we should move forward, rather than take a step backwards, as the amendment would have us do.
Clause 13 removes the defence of a reasonable excuse for those who breach a TPIM and leave the UK. The measures in the Bill undermine some of the basic tenets of our justice system. Clause 13 will allow for somebody to be imprisoned for up to 10 years for breaching a TPIM, even though a TPIM can be imposed without any need for them to be arrested, charged or convicted for a terrorism offence. In other words, it will allow somebody to be criminalised and locked up for 10 years for breaching a civil sanction. That move will turn our justice system on its head. It is at odds with everything we ought to hold dear. I hope that Members will not stand by and let such a draconian measure pass.
One former Law Lord, referring to the control order regime, said:
“They are, and always have been, a blot on our jurisprudence.”—[Official Report, House of Lords, 3 March 2010; Vol. 717, c. 1528.]
That criticism stands, with or without the changes that have been outlined today. I am disappointed that the Home Secretary is advocating more of what Justice calls
“an ineffective and draconian diversion from prosecution of criminal behaviour.”