Proceeding contribution from Lord Clarke of Nottingham (Conservative) in the House of Commons on Thursday, 3 November 2005. It occurred during Debate on bill and Committee of the Whole House (HC) on Terrorism Bill.
Terrorism Bill
The right hon. Gentleman has made a point that I intended to make. That is the other snag involved in relying on the Attorney-General’s protection. Friendly Governments, including the American Government, might define some people from some parts of the world as terrorists, and the British Government might not entirely agree. The Russians would certainly regard many people from the Caucasus as terrorists, and we might not find that a non-controversial assertion. Again, I will not go on, but in the case of other regimes even more tenuous examples could be given. The Governments of those overseas territories will expect the British Government to use their authority, granted by Parliament, to arrest such people when they come to this country, and to deal with them. The Attorney-General will then not merely be acting in his capacity as adviser on legal matters to the Government; he will be seen to be making—indeed, will be making—a political decision, as a matter of public policy, on whether we should accede to the request of an overseas Government for someone whom they regard as a dangerous agitator to be arrested because he has come to our shores. Mexico must deal with Zapatistas, while half of Central America is dealing with Sandinistas and others. The examples are legion. The situation would be made more difficult by the fact that, as some of the bodies involved are very controversial, there would be political division in this country. Members of some parties in the House would demand that some South American fascist be arrested and put on trial while Conservatives demanded the arrest of some campaigner elsewhere, and the Attorney-General would be in the middle of it all. If someone had committed a terrorist act in Kashmir—had actually taken part in such an act—I am not sure that I would see any objection to his arrest and prosecution in this country. When I was Home Secretary, I was concerned about cases in which people were organising terrorism in Kashmir from this country. We were inhibited in doing anything about it. In modern times, it is possible to organise a terrorist act in a very different jurisdiction thousands of miles away. But part 1 of the Bill, which includes this particularly difficult provision on encouraging terrorism, is not concerned with that category. I regard as utterly fatuous opening the door to Governments throughout the world making representations that a particular person in this country is ““encouraging”” terrorism—in the very soft terms that this Bill uses to create that offence—and demanding that we arrest the person and put them on trial in the British courts. That has absolutely nothing to do with what the Government have always maintained is the Bill’s underlying purpose: to make us all feel safer from the threat of terrorism here. This provision is opening up a political can of worms that Parliament should not contemplate.
Secondary information
- Type
- Proceeding contribution
- Reference
- 438 c1043-4
- Session
- 2005-06
- Chamber / Committee
- House of Commons chamber
- Subjects
- Criminal investigation Asylum Companies Directors Liability Incitement International law Nuclear weapons Protest Proscribed organisations Radioactive materials Terrorism Training Trespass Encouragement of terrorism
- Legislation
- Terrorism Bill 2005-06
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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