It is a pleasure to be here in this new year to deal with this important Bill. I mention the new year because, although we are now in 2015, this is effectively still 2014 for the Minister and me, because we are dealing with the matters that we dealt with just before Christmas in almost the same format, having had the Committee stage of the Bill on the Floor of the House and discussing it on Report here now.
We have tabled a number of new clauses and amendments that have a reassuring similarity to the matters that we discussed before Christmas—[Interruption.] Indeed, they are almost identical, as the right hon. and learned Member for Beaconsfield (Mr Grieve) suggests. I am confident, given the concerns that have been expressed by right hon. and hon. Members on both sides of the House and the points that were fully debated before Christmas, that the Minister and his very able Whip, the hon. Member for East Hampshire (Damian Hinds), will have had an opportunity to reflect on these matters over the Christmas period and to understand that there is real concern not only among Labour and Conservative Members but among Liberal Democrat Members about some of these matters.
Let me start by repeating some of the givens for those of us on the Opposition Benches. It is a given for us that the terrorism threat remains high. It is also a given for us that the exclusion provisions are a valid and useful addition to the armoury of terrorism prevention, and that they have our support. I must place on record, however, the fact that there are those among the population at large who feel that the provisions go too far. For example, we have had representations from Liberty, the Immigration Law Practitioners Association and others expressing concern about the measures. I believe that the measures are proportionate, but today’s new clauses and amendments are aimed at strengthening that proportionality, providing judicial oversight and ensuring that we adopt a constructive approach to the difficult and challenging issues that the Government have to deal with.
We share the Government’s policy objective of supporting the prevention of terrorism, as the terrorism threat is high. The Government’s own assessment shows that some 500 individuals have travelled to Syria and the surrounding areas in recent months, and that 50% of them have sought to return to the United Kingdom. We do not know what status they want to return under. Some might have forsaken terrorist activity; others might be returning to engage in further recruitment exercises. We do not know their status, and there is a real need for the assessment that the Government propose. The Home Secretary’s report to Parliament on the joint terrorism analysis centre’s assessment of the threat level, produced independently of Ministers, acknowledges that the level is still severe and that a terrorist attack is highly likely, although there is no evidence to suggest that one is imminent. All Members need to be cognisant of the increased threat following the assessment by JTAC in August. The Metropolitan Police Commissioner, Sir Bernard Hogan-Howe, has indicated that the assessment of the Metropolitan police, on behalf of the UK police, is that five terrorists a week are now travelling, and that up to 250 are returning. The Government need to address that issue.
New clauses 1, 2 and 3 and new schedule 1 aim to introduce balance to the Government’s proposals, to ensure judicial oversight of these key issues. New clause 1
has been tabled by my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), my hon. Friends the Members for Kingston upon Hull North (Diana Johnson) and for Sedgefield (Phil Wilson) and me, and it seeks to ensure that the temporary exclusion orders can be introduced in the form that the Government want.
New clause 2 proposes conditions A to E. Condition A states that the Secretary of State must reasonably suspect that
“the individual is, or has been, involved in terrorism-related activity outside the United Kingdom”.
Condition B states that the Secretary of State should reasonably consider that the issue of the order
“is necessary, for purposes connected with protecting members of the public”.
Condition C is
“that the Secretary of State reasonably considers that the individual is outside the United Kingdom.”
Condition D is
“that the individual has the right of abode in the United Kingdom.”
Condition E relates to the Secretary of State believing that action should be taken.
New clauses 1 and 2 mirror what the Government have already said. We have tabled new clause 3 because we believe that a court needs to agree to the Secretary of State’s application for a temporary exclusion order. It would allow the Secretary of State to make an application to the court to ensure that the conditions in new clauses 1 and 2 had been met. Under new clause 3, the court would have to consider the Secretary of State’s application. It may do so
“in the absence of the individual”
about whom the application is being made. It may also do so
“without the individual having been notified of the application”
and
“without the individual having been given an opportunity…of making any representations to the court”.
This would provide judicial oversight of the Secretary of State’s application to put in place a temporary exclusion order.