Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, we have Amendment 29 in this group, and we oppose Clause 38 standing part of the Bill. The noble Lord, Lord Anderson, has Amendment 30. The clause allows for repeated renewals a year at a time, instead of the two-year time limit. I should perhaps acknowledge that the rubric or clause heading is "extension of time limit". However, I noted that the Minister, in responding to the last group, referred to an "enduring TPIM" It is difficult to disaggregate the changes and their impact, because they will be cumulative, but this group of amendments is about the time limit. So, when he focuses on that, I hope that the Minister can share with the Committee real cases where the expiry of a TPIM has caused a problem. In other words, this is a parallel question to the questions asked and the points put in the debate on the last group regarding the standard TPIMs were originally intended as targeted temporary measures under emergency legislation that Parliament had to reapprove each year. As I have said, our concerns about the standard are compounded by the removal of the time limit with no additional safeguards. Even if the notice has been revoked and revived, or expired, it seems that it can be continued. Can the Minister help me by confirming whether, once subject to a TPIM—at any rate, one imposed after this Bill has been enacted—one is always subject to it being reimposed? I am intrigued that the extension cannot apply to a current TPIM but, presumably, there is nothing to stop there being a new TPIM. What is the difference between the current three measures in force, which I referred to in the previous group, and those which are expected to come within the scope of this clause? The current Independent Reviewer of Terrorism Legislation is critical in his notes on this, as on the previous point. He says: "If there is an operational need … despite the fact that fresh terrorism-related activity cannot be shown … it should be possible for the Home Secretary" to be satisfied that there is an "exceptional or compelling case" to go beyond two years. He comments on processes, described as a "tick in the box", the absence of judicial oversight, and the lack of an upper limit to ensure that different cases are not parked—or, as he says, "at the very least, a requirement to specify an exit strategy including how the severest measures … can be tapered off." The noble Lord, Lord Parkinson, referred to a reduction in conditions—for instance, being able to associate with more people as years go by. Combined with the comment about an exit strategy, that seems to be extremely important, but this is the first time I have heard about the reduction in conditions. It would be very reassuring to know that this is as much a part of the Government’s programme as the other points we are considering. References to flexibility and tools really do not meet the point; one would expect those who are operational to want as many tools as possible. I look forward to other comments on the time limits and to hearing more of the Government’s thinking on why they have included this provision in the Bill. I beg to move.