It is a question of the seriousness of the measures. We recognise, because of the changes we are making, that there should be higher burden placed on the Secretary of State in determining whether one of these measures should be provided. That is why we have moved this up to the “balance of probabilities”. Let us not forget that under the previous control orders regime it was not at that level, but two notches down at “reasonable suspicion”. Under TPIMs, we brought it up to “reasonable belief” and, on the balance of the measures we now have, we judge that moving to the “balance of probabilities” is the right stance to take. I will come on to clause 13 later.
The changes are being introduced in the light of the changing threat picture: the ongoing conflict in Syria and Iraq; the fact that 500 subjects of interest have travelled to that region; the risk that they may pose on their return; and the risk of more people seeking to travel out. It is against that assessment that the threat level has been raised to severe, the second highest threat level, and that has had an impact on our assessment of the measures that need to be available to the police and the Security Service, and it is why we have brought forward the measures in this way.
The measures also follow the recommendations from David Anderson QC, the independent reviewer of terrorism legislation, in his most recent annual report on TPIMs. As he has said, however, there is no need to turn back the clock. Control orders were not working and were being struck down by the courts, whereas TPIMs have been consistently upheld and therefore provide a basis in law that is robust and has withstood the scrutiny of the courts. TPIMs have been endorsed by the courts, counter-terrorism reviewers, the police and the Security Service. This change enhances the powers available to manage TPIM subjects by moving them away from harmful associates and making it harder for them to engage in terrorism-related activity. That is why we judge, at this time against the threat picture we see, that it is appropriate to introduce these measures.
It is important, however, that appropriate limits are placed on the use of the powers, and the Bill seeks to do that. We are also acting on David Anderson’s other recommendation to increase the test for imposing a
TPIM notice, so that the Secretary of State must be satisfied, on the balance of probabilities, that an individual is, or has been involved, in terrorism-related activity, as well as narrowing the definition of what that activity can entail.