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Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2005

rose to move, That the draft order laid before the House on 10 October be approved [4th Report from the Joint Committee and 9th Report from the Merits Committee]. The noble Lord said: My Lords, the Government have always made clear our commitment to fighting against terrorism in all its forms anywhere in the world. The United Kingdom’s counter-terrorism legislation is both comprehensive and tough, and it contains a range of measures that allow us to take effective action against terrorists. The recent tragic events in London, Egypt and Indonesia have emphasised the need to act quickly and effectively to disrupt terrorist activity. Among the most important of the measures that we can use is the power to proscribe organisations that the Secretary of State believes are concerned in terrorism. The then Home Secretary laid an order for the proscription of 21 international terrorist groups under Part II of the Terrorism Act 2000 on 28 February 2001, which was approved by this House on 27 March 2001. My right honourable friend the previous Home Secretary, the Secretary of State for Work and Pensions, similarly laid an order for the proscription of a further four organisations on 28 October 2002, which was approved by this House on 30 October that year. The order that is the subject of this debate was laid before Parliament in draft on 10 October. It lists 15 organisations which, in the carefully considered judgment of my right honourable friend the Home Secretary, should now be subject to proscription in the United Kingdom. The draft order was debated in the other place earlier today and approved. Under Part II of the Terrorism Act 2000, the Secretary of State has the power to proscribe any organisation that he believes is concerned in terrorism. An organisation is ““concerned in terrorism”” if it commits or participates in acts of terrorism, prepares for terrorism, or promotes, encourages or is otherwise concerned in it. If the Secretary of State is satisfied that a group meets these criteria he has the power to proscribe it. In addition, there are a number of other criteria which can be taken into account. These additional factors include the nature and scale of an organisation’s activities, the specific threat posed to the United Kingdom, the threat to British nationals overseas, the extent of the organisation’s presence in the United Kingdom, and the need to support other members of the international community in the global fight against terrorism. Proscription means that an organisation is outlawed in the UK and that it is illegal for it to operate here. The Terrorism Act 2000 makes it a criminal offence to belong to, support, or display support for a proscribed organisation. The Terrorism Act also allows the police to seize all property of a proscribed organisation. We accept that this is a tough power which has the effect of outlawing previously lawful activity; therefore it has to be given effect by affirmative resolution in both Houses of Parliament. The Home Secretary has made it clear that he takes such decisions only after the most thorough scrutiny of all the intelligence put forward by the security and intelligence agencies. We believe that this power plays a key role in creating a hostile environment for terrorists and their supporters. It also deters international terrorist organisations from coming here in the first place. Equally importantly it sends out a strong signal across the world that the UK rejects them and their claims to legitimacy. To assist their consideration of the draft order my right honourable friend the Home Secretary has sent all noble Lords and honourable Members a brief summary on each of the groups named in the draft order. In reaching his decision the Home Secretary has had access to intelligence material on all the organisations in addition to material in the public domain, and took into account police, security and legal advice. He is entirely satisfied that the organizations which are being recommended to Parliament are ““concerned in terrorism”” and therefore fully meet the criteria set out in the Terrorism Act. We have sought a shortened timetable to ensure that the power is as effective as possible, by not allowing the proposed groups time to move resources out of the country or to change their names in order to evade the powers in the Terrorism Act. The House will have noted that most of these groups are active in south Asia, specifically Pakistan. But Ansar Al Sunna and Ansar Al-Islam are active in Iraq. The Libyan Islamic Fighting Group and the Groupe Islamique Combattant Marocain’s activities are in the main aimed at their respective countries, and Al Ittihad Al Islamia is based in east Africa. The evidence case that has been put before the Home Secretary is clear all these groups are active in terrorism and have links to the network of organisations associated to Al’Qaeda. These groups have been chosen because the security and intelligence agencies have advised us that they are the highest priority at the present time. The Government have every confidence that the work of the agencies is first-rate. We acknowledge and pay tribute to the fantastic job they undertake in extraordinarily difficult circumstances. The agencies’ intelligence picture is constantly evolving. As a consequence the list of proscribed organisations is kept under constant review, and we will wish to add to it and of course remove groups that can prove that they have renounced terrorism as necessary. Noble Lords will be aware that an organisation that has been proscribed, or any individual who believes that he has been affected by the decision to proscribe, has the right of appeal. In the first instance an appeal can be made to the Home Secretary. If he confirms the decision to proscribe, a further appeal can be made to the Proscribed Organisations Appeal Commission. The commission can then review whether the legal criteria apply and whether the Government and the Home Secretary have properly exercised their powers. POAC is a tribunal consisting of three senior judges cleared to see the most sensitive material, and can see the intelligence material that the Home Secretary has viewed. The Government’s prime task is the protection of the public. We will take whatever action is necessary to ensure the safety of our whole community, regardless of background. These powers will be used proportionately and effectively. The groups in question are involved in terrorism and seek to promote the poisonous ideologies spread by Al’Qaeda and its acolytes. I hope that the House can support us in the action we propose to take against them. I beg to move. Moved, That the draft order laid before the House on 10 October be approved [4th Report from the Joint Committee and 9th Report from the Merits Committee].—(Lord Bassam of Brighton.)