My Lords, I am grateful to the noble Lord, Lord Rosser, for affording the Committee an opportunity to debate this issue. I am sure that the noble Lord and, for that matter, the Committee as a whole will be in no doubt about the significant threat posed by foreign fighters, particularly in relation to Syria, and the importance the Government place on protecting the public from those who may seek to harm the UK or UK interests.
The nature of the threat from terrorism has evolved since the passing of the Terrorism Act 2006. Many of the threats we face today have significant overseas connections and the places where UK-linked individuals, and those seeking to harm UK interests, may now be training, or otherwise preparing for terrorism, are increasingly likely to be located abroad. Syria, in particular, has become the number one destination for jihadists in the world today, posing a threat to the region and beyond. However, the issue of individuals from the UK seeking to engage in combat and conflicts abroad
is not new, nor is it specific to Syria. As my noble friend Lady Warsi, who is sitting next to me preparing to respond to the debate following this Committee stage, will be aware, the recent events in Iraq further demonstrate the fluidity of movement of foreign fighters and we are concerned that groups such as the al-Nusra Front and the Islamic State of Iraq and the Levant—or ISIL, as it is known—are now able to operate in the large areas of ungoverned space that have been created by the conflict. ISIL’s advances in Iraq in particular demonstrate the serious threat that that group poses to both countries, so it is right that we respond to this threat.
In support of wider government efforts to ensure that the full range of operational responses under the Contest strategy are being applied to counter this threat, Clause 65 amends Section 17 of the Terrorism Act 2006. This extends fully the jurisdiction of the UK courts over the offence of preparation of terrorist acts under Section 5 and the offence of training for terrorism under Section 6 of that Act so that preparation and training that take place abroad can be prosecuted. This measure will enable prosecution, on their return to the UK, of individuals who have travelled overseas to prepare or train for terrorism as though their actions had taken place in this country. Any prosecution under this measure will require the express consent of the Attorney-General, in addition to satisfying the Crown Prosecution Service that there is sufficient evidence and that prosecution is in the public interest. Our priority is to dissuade people from travelling to participate in conflicts abroad in the first place, but it is vital that our legislation is as robust as it can be against those who may seek to harm the UK in particular, and leaves no doubt in the minds of individuals engaging in preparatory acts of terrorism, or training for terrorism overseas, of the action we are prepared to take to protect the public.
The noble Lord asked whether it would enable us to prosecute cases which were not prosecutable at present. Recent cases show that these offences can be operationally useful. Mashudur Choudhury was recently convicted under Section 5 of preparing for terrorism in the UK. If, for example, he had undertaken these preparations outside the UK, he could not have been prosecuted. This measure seeks to address this anomaly.
How will this measure have an impact on foreign fighters? We assess that by extending UK territorial jurisdiction for this offence and bringing evidence of activities overseas within its scope, we will potentially strengthen the evidential case that can be made and enhance the prospects of a successful prosecution in some cases. In cases where there is only evidence of activity abroad, it will enable a prosecution to be brought where it is not currently possible.
The noble Lord asked whether we had consulted the Director of Public Prosecutions. We have worked closely with law enforcement partners, including the Crown Prosecution Service, in developing this measure. They fully support it and have suggested that this will be operationally useful. As for the question about gathering evidence and how law enforcement agencies will obtain the evidence required for a prosecution, particularly as it involves evidence gathering abroad, law enforcement agencies are accustomed to working
with the relevant authorities in other countries for the purpose of gathering evidence for prosecutions. We fully expect that this established arrangement will continue to be employed for future prosecutions.
We recognise that any evidence gathering which involves other countries is inherently more challenging than if it were confined to the UK, but this does not mean that prosecution is impossible. That is the purpose of introducing these measures in Clause 65. These changes will ensure that UK linked individuals and those who seek to harm UK interests and travel overseas to prepare or train for terrorism can be prosecuted as if their actions had taken place in the UK and that they are not beyond the reach of the law. It is essential that our law enforcement partners are equipped with the right powers to counter the threat posed by foreign fighters who travel overseas to undertake terrorist activities and may go on to carry out terrorist attacks.
I hope that with those explanations the noble Lord will be prepared to accept that Clause 65 should form part of the Bill.