Counter-Terrorism and Sentencing Bill — House of Commons, 2020-07-21
Topic: Civil Rights
Joanna Catherine Cherry (Scottish National Party, Centre-left): I will start by apologising to you, Madam Deputy Speaker, for being slightly tardy in taking up my seat for this debate. No offence was meant. It is a pleasure to follow the hon. Member for Stockton North (Alex Cunningham). As well as sharing our country of birth, we share many of the same views about the Bill I wish to speak to new clause 6 and amendments 35 and 36, which are tabled in my name and that of my hon. Friend the Member for East Lothian (Kenny MacAskill). I will also speak to amendments 52 to 60, which have been tabled by the right hon. and learned Member for Camberwell and Peckham (Ms Harman). She chairs the Joint Committee on Human Rights, and the amendments reflect some concerns held by that Committee, on which I also sit, about our duty to consider the human rights aspects of any legislation that passes through the House. The SNP has made it clear from the outset that we recognise it is the duty of any Government to keep our citizens safe and secure, and all who serve in Parliament have an obligation to assist in that endeavour. I and my colleagues in Edinburgh have assured the UK Government that we will attempt to be as constructive as possible, to ensure that the challenge of terrorism is met and that people across these islands are kept as safe is as reasonably possible. SNP Members are also mindful of our duty as parliamentarians to uphold the highest standards of human rights protections, and we have accordingly tabled a number of amendments to address the devolved aspects of the Bill, and raise some concerns about civil liberties Counter-terrorism is a reserved matter, but sentencing is not. The Scottish legal system, including policing, sentencing and parole, and the management of the Scottish prison service are devolved matters, and elements of the Bill that touch on those things will require a legislative consent motion. The Minister accepts that, and there are ongoing discussions with my colleague, Humza Yousaf, who is the Scottish Cabinet Secretary for Justice. Until those discussions have been resolved to the satisfaction of the Scottish Government, SNP MPs cannot give the Bill their unqualified support, but we will continue to work constructively with the Government We are particularly pleased that the UK Government have addressed an issue that I and my hon. Friend the Member for East Lothian raised in Committee—namely, the interplay between the new sentencing regime proposed in the Bill and the existing sentence of an order for lifelong restriction in Scotland. That unique sentence is imposed not so much for the crime committed but because the offender poses an ongoing risk. It was designed to deal with high-risk violent and sexual offenders rather than terrorists, and its purpose is to ensure that those people are not released until they are rehabilitated, and that even then they are subject to a risk management plan for the rest of their natural life I welcome Government amendments 9 to 16, which have been tabled to address the interplay between the new sentence and the order for lifelong restriction. As I understand it, they will ensure that an order for lifelong restriction will remain available to the Scottish courts when they are considering sentencing someone for a serious terrorist offence, provided that if an OLR is imposed instead of a serious terrorism sentence, the person sentenced must serve at least 14 years. I am pleased that the Government have taken our concerns on board, and we hope that the outstanding discussions on the legislative consent motion will have the same fruitful outcome.