Prevention and Suppression of Terrorism — House of Commons, 2016-03-15
Topic: Civil Rights
Robert Howard Marris (Labour, Centre-left): There are dozens of Sikhs in the Public Gallery tonight. In honour of that, I will, if I may, say the Sikh incantation: "Waheguru ji ka Khalsa, Waheguru ji ki Fateh" Roughly translated, and I hope hon. Members will forgive my translation, that means: "Glory to the Khalsa"—the Sikh brotherhood and sisterhood—"Glory to God. The Khalsa belongs to God. God always prevails." I am the chair of the all-party group for British Sikhs, but I must stress that I speak in a purely personal capacity to the House tonight. The issues we are discussing are very serious; they are taken very seriously by UK citizens, including hundreds of thousands of Sikhs. They are serious issues for our security, but proscription is also a serious issue for our liberty—for freedom of association and freedom of speech—which is curtailed by proscription, and, on occasions, that must be the right thing to do. The ban on the International Sikh Youth Federation in the UK in March 2001 led to the organisation being banned in India in December that year and in Canada in July 2003. If the Minister is not going to wind up, I hope he can reply in writing later to some of the questions I will be firing at him—it is a slightly strange procedure we have tonight, with all due respect, Madam Deputy Speaker The first question I would like to ask is: will the Government—assuming this statutory instrument goes through, as I am sure it will—formally notify the Governments of Canada and India of the UK’s decision to de-proscribe and of the reasons for it? To repeat a question that was asked earlier—it is an important question, and the Minister did answer it, but I am coming at it from a slightly different angle—have the Government had any communications with the Indian authorities on lifting the ban on the ISYF since the application to de-proscribe was made in February 2015? If there have been communications, when did they take place This issue touches on our freedoms, so I would like to ask the Minister how many organisations such as the ISYF, which are proscribed, do not currently meet the statutory definition of being concerned in terrorism, which is the core part of the test. In 2013, the Home Office identified 14 proscribed organisations that in its assessment did not meet the statutory test of being concerned in terrorism. I do not know whether the ISYF was one of those 14, but if it was, I hope the Minister can explain why the ban—the proscription—was not lifted, at the latest, when the application for de-proscription was made in February 2015. If the ISYF was one of the 14 organisations the Government were saying did not meet the test any more, the Government should have given in immediately in February 2015, when three applicants made the application to de-proscribe What about the other 13 organisations? If the Home Office decided nearly three years ago that 14 proscribed organisations should no longer be proscribed, that further underlines the case, made so ably by my hon. Friend the Member for West Ham, for annual reviews of these proscriptions, because they are very serious—they are serious for our security, but they are also a serious infringement of our liberties It is for that reason that I am concerned that the statutory time limit for the Home Secretary to respond formally and legally to the application to de-proscribe is 90 days. It is regrettable that she appears to have taken almost twice as long to respond. That is not a technical point, because these statutory provisions exist to protect our hard-won liberties, yet the statutory provisions on the time limits, which I am sure would have been enforced had the applicants not met their 42-day time limit, appear to have been ignored with impunity by the Home Secretary. That is not just a technical matter because it relates to our freedoms To reinforce the point made very ably by my hon. Friend the Member for West Ham, I ask the Minister to explain what troubles many hon. Members and many of the large Sikh community: that is, why the Home Secretary thinks on 31 July 2015 that the ISYF did meet the criteria—as the Minister said, they are tough criteria, and that is good, because this is about our security—and should continue to be proscribed, but four and a half months later throws her hand in. In the first instance, she succeeds. She says, "This organisation should continue to be proscribed", and she wins. The three applicants then put in an appeal. Leaving aside the fact that the Home Office took longer than it should have done to respond to that appeal, in mid-December—I think it was 14 December—the Home Secretary said, "I’m not going to fight this appeal any more—I’m offering no evidence." Hence the measure before us tonight, because in the four-and-a-half month period between 31 July 2015 and 14 December 2015 the Home Secretary changed her mind In terms of our liberties and of respect for the large Sikh community, I think there should be an explanation for this. I appreciate that there are security concerns. If the Minister said, "I’m going to lay it all out before the House", I would be the first in a queue with 649 other MPs saying, "No, don’t do that—this is about our security." However, there is room for him to give a little more explanation to the three applicants, on the grounds of civility, if nothing else. As far as I know, they are all here tonight in the Public Gallery—Amrik Singh Gill, Narinderjit Singh Thandi, and Dabinderjit Singh Sidhu. They deserve the civility of that explanation, because this proscription has directly and indirectly affected them What concerns me is that the Home Office’s lifting of the proscription was awfully grudging. Somehow the balance tipped during the four-and-a-half year period in the second half of last year. This month the Home Office put out a press statement saying: "The British Government has always been clear that the ISYF was a brutal terrorist organisation." That may be the case, but things seem to have changed very quickly in a short period. The explanatory memorandum on the statutory instrument says at paragraph 7.4: "An application was made to the Secretary of State for the deproscription of the International Sikh Youth Federation. The Secretary of State has now decided that there is insufficient information to conclude that the group remains concerned in terrorism." It may have been involved in terrorism—I do not know. There are serious questions to be asked, and serious questions were asked in March 2001 when the proscription order went through this House. However, it was awfully grudging of the Home Office to say in December, "We’re not going to provide any more evidence. We’re just going to throw our hand in and not even fight it through the legal procedures any more." The three applicants from the leadership of the Sikh Federation UK legally challenged the Home Secretary, risking a whole load of costs, which, I have to say to the Minister, I understand that they may not get back even though they have won their case. They persuaded the Home Secretary by the force of their argument to withdraw her appeal, because apparently the evidence she had in July was no longer there in December. That is very strange for an organisation which, by then, had not existed for over 14 years—