Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Immigration
Michael Bates (Conservative, Centre-right): The noble Baroness is absolutely right. I very much appreciate the constructive and thoughtful way in which she has engaged with the Bill on behalf of the Opposition. Not one of the questions posed by the noble Baroness or by any other noble Lord on this amendment was anything other than fair and reasonable and seeking elucidation on the serious power that we are introducing here. Equally, when I introduce the problem as the precursor to the power, I am not trying to make a point. I simply want to put it in context so that people reading this part of our proceedings can see how we are approaching this issue As regards the specific points that were made, the noble Baroness, Lady Smith, asked whether all TEO subjects would be escorted back to the UK by police officers and whether we would pay for their flights. Whether a temporary exclusion order subject is escorted back to the UK by UK police officers will be decided on a case-by-case basis. Similarly, whether the UK Government would meet the costs of the return flight would depend on the facts of the individual case. In some cases, the individual may be deported by the other country involved, which may provide escorts and meet the costs. In some cases, no security may be needed for the escorts and the individual may easily be able to bear the costs or, as my noble friend Lord Ashton said in a previous example, it may be possible to rearrange the flight departure The noble Baroness expressed concern that these people might just melt away. Obviously, we cannot create a power for detention extraterritorially, but we will liaise with the other country in advance. In most circumstances we would expect the other country to take steps to manage the person involved. We would deal with the issue through the diplomatic network and our embassies in most countries around the world. Our staff would be in contact with their opposite numbers. Certainly, the hope and the anticipation is that where a TEO has been put in place, the issue would be addressed before the person ever turned up at the airport. As soon as is practicably possible after the person comes on to the radar, they would be contacted, informed about the temporary exclusion order and the process of managing the return would be initiated Will these people have consular access? They are British citizens, as I said to the noble Lord, Lord Harris, and they have the same right to seek help as any other British citizen. My noble friend Lady Warsi asked whether they could be returned as detainees. I realise that that has a particular meaning in international law. As set out in the Bill, the individual may return to the UK under the terms of a permit to return. But they may also return if they are deported by another country. In practice, the difference between the two methods of return would not affect the treatment of the individual on their return to the UK, as their return would not have breached the temporary exclusion order. They would then both be subject to the in-country obligations The noble Lord, Lord Harris, referred to rendering a person stateless but the person will retain the right to return to the UK and to seek consular help. However, the individual may choose not to return or not to engage with their order, but that would be a matter of their own choosing. My noble friend Lady Warsi referred to the risk of torture. The Home Secretary will not seek to impose a temporary exclusion order where she considers that doing so would create substantial grounds to believe that the individual would face a real risk of torture or inhuman treatment, in keeping with the human rights obligations in the Bill. The noble Baroness, Lady Smith, asked about international discussions. We are engaged in discussions with our international partners. Other countries have been interested in this measure and sought to discuss with us the details. These discussions have so far been positive. Our partners recognise that this is a shared threat and are keen to engage in a shared response As to the requirement to attend a deradicalisation programme on their return, the requirements placed on the individual once they are back in the UK will be decided on a case-by-case basis. These may include a requirement to engage with a programme potentially comprising reporting, notification of change of address and deradicalisation activities. I do not have a note on the specific point raised by my noble friend Lady Warsi on whether other programmes might be considered. There are deradicalisation programmes such as Channel and Prevent but, at this stage, I am not aware of any other efforts to create new programmes. We are very much focused on making the ones that we have work and making them as effective as possible The case studies put to us by the noble Baroness, Lady Smith, were helpful. She gave the example of Mr A being detained in another country. This will depend on the laws of the other country. When a person is notified of a temporary exclusion order, they will be told how to get a permit to return. If they arrive at the airport in another country, that country may well seek to detain the person. The person would then be able to liaise with the British authorities through the authorities of the other country to agree the terms of their permit and the process of managed return. I am grateful to the noble Baroness for raising this point but I can assure her that the Government have existing successful processes in place to prevent individuals travelling to the UK and for managing the arrival of certain individuals into the country. For example, we operate a no-fly list as well as a procedure to arrest certain individuals for terrorist-related offences when they arrive in the UK. Unlike the case she raised on Ebola, we are talking about named individuals who have been informed about the order prior to returning. These systems will therefore ensure a controlled return and the authorities on this side are aware of what is expected of them In terms of a reasonable timeframe, the Bill makes it clear that there is a duty on the Secretary of State to issue a permit to travel to a subject of a temporary exclusion order within a reasonable period. The next question is: what is a reasonable period? That will be determined on a case-by-case basis. It will need to take account of factors such as frequency of flights to and from the country and, of course, the level of co-operation from the individual who is the subject of the temporary exclusion order I have given a reasonable number of replies. I think that my noble friend Lady Hamwee raised some other points on which I do not have notes. She can either remind me of them—I am happy to give way—or I am happy just to stand by the undertaking that this is a complex matter with areas of detail on which I am happy to reflect and write ahead of Report stage.