Proceeding contribution from Lord Clarke of Nottingham (Conservative) in the House of Commons on Thursday, 10 November 2005. It occurred during Debate on bill on Terrorism Bill.
Terrorism Bill
I am sorry to begin my Third Reading speech by underlining the fact that I take very seriously the threat that terrorism poses to the citizens of this country. Much of the campaigning that is going on retains an undertone of suggestion that those who have resisted the more draconian elements of the Bill are complacent about terrorism or do not take it seriously, but that is certainly not my position. The Home Secretary was in a rather petulant mood today, for understandable reasons. For the past two weeks, he has tried to be the reasonable face of the Government, but I do not think that he did himself much justice when he started to suggest that some hon. Members are less opposed to terrorism than he is. I take the threat of terrorism extremely seriously. Over the past fortnight, I have taken as active a part as possible in discussions about the Bill because I think that terrorism is one of the most serious problems that will face this Government and their successors for years to come. The climate of the recent past proves beyond doubt that the citizens of this country face a grave threat of random terrorism, and will do so for a long time. It is not possible to guarantee complete protection, however dramatic the measures put in place. I have a dreadful feeling that more bombs will explode from time to time, with the concomitant political reaction. It therefore behoves us all to consider very seriously how we will tackle the problem. If we can, we should act on a consensual, cross-party basis to protect our population and minimise the terrorist threat. Many factors outside the Bill are involved. For example, how will we approach resolving the mounting conflict between the Muslim world and the rest of the world? How will we address the question of the relationships between this country’s Muslim community and their fellow British citizens, and how can we make sure that we avoid producing growing numbers of alienated young men who can be radicalised and turned to fanatic activity? Those are important questions, but the key will be to get right the balance between, on the one hand, the force that we apply to security and the fierceness with which we crack down on those who propagate terrorism in this country with, on the other hand, our belief in personal liberty and individual freedom and our need to protect the values of our society that the terrorists want to threaten. When faced with a terrorist threat, it is worth asking what the terrorists’ ambitions are. It is no good dismissing them all as mindless fanatics or brainless extremists, as some are very sophisticated and intelligent people indeed. One of the main aims of terrorists attacking a civilised society is to provoke an overreaction by that society’s authorities. The best present for terrorists is to introduce repressive measures that help them politicise and mobilise the elements in the community with which they identify. Those people might then be persuaded that their sense of injustice and deprivation is so strong that it justifies extremism. I take the Bill and the terrorist threat very seriously, but the Government have totally mishandled the matter from the start. They have kept on suggesting that criticism of the more difficult measures is the result of complacency, in Parliament and elsewhere. In passing, I assure the House that I have not approached the Bill from a party-political or partisan basis. I was one of those who voted against it on Second Reading, and that was not the approach of my party. Many hon. Members have made their own judgments about the Bill and the hon. Member for Sunderland, North (Bill Etherington) was eloquent and graphic when he demonstrated how people have not merely followed the party line. If the Government need more reassurance, they have proposals forthcoming on education, health and welfare, where they might expect my support on their more well-judged measures. It is no good saying that all Conservative Members are opportunists and that the opponents of the Bill are motivated by ill will towards the Prime Minister or any such thing. My opposition to the legislation so far has been on the basis that I regard it as extremely ill considered. It does not add much, if anything, to our protections against the risk of terrorism. I rather think that it was motivated by a desperate desire to do something in response to the appalling events of July. At the time, the Government were seized with the feeling that they did not know what else to do. I cannot get rid of the feeling that, essentially, the Bill is gesture politics. I hope that we do not have more gesture politics if we have more terrorist outrages. The bombs in July were not caused by any gaps in our legislation. We have 200 pieces of anti-terrorist legislation already on the statute book. So far as I am aware, the bombs in July were not caused by the outpourings, however distasteful and unpleasant, of some bizarre, extreme preachers, encouraging people to do what they did. The reaction, at a time when the public were frightened as a result of the horrors on the underground and when the Government were in something of a political panic about how to react, was to suggest that tough legislation and a provision to deport mad mullahs from our territories would be the answer that a strong Government would implement to minimise the chances of that happening again. Since then, we have gone into more detail. Some measures in the Bill, such as offences about preparing and training for terrorism, might add something, but at its heart I still suspect that this is gesture politics, padded out with measures to make it look more convincing. It worries me that, time and again during our proceedings, the Bill has been driven forward with disparaging remarks about opponents in this House and elsewhere and with a disregard for those who are concerned about the rule of law, civil rights or individual liberty. I expect editorials in The Sun to talk about left-wing judges challenging this, but the present Prime Minister and the former Home Secretary have got into the habit of allowing their lips to curl when they describe lawyers, liberals and others who are sensitive about individual rights. That is a most unhealthy development. I am a lawyer and, I think, a liberal on a large number of matters. I was not a very liberal Home Secretary. I brought before the House the renewal of terrorist legislation, suspending provisions of the European convention on human rights. I was opposed by my shadow, the present Prime Minister, for going too far. I was a more liberal Home Secretary than any of my successors. My right hon. and learned Friend the Member for Folkestone and Hythe (Mr. Howard) was a more liberal Home Secretary than any of his successors. The last truly liberal Home Secretary was Lord Hurd. Since then, we have been going down hill. I had hoped that the new Home Secretary might reverse the trend, but the pressures he is under now are not making it easy for him. The reasons why I remain against the legislation are, first, my suspicion that it is gesture politics and, secondly, because as we examined it in Committee and on Report, the frailty and thinness of most of its contents have become increasingly evident. My main reason, that it is gesture politics, has been touched on by others. It is difficult to see what almost all its provisions add to the present provisions of the criminal law. Incitements to violence by people preaching in mosques can be dealt with under the present law. It has been a decision of public policy not to prosecute some of the more self-publicising, wild preachers because a judgment has mistakenly been made that that would cause more trouble than it was worth. There is scarcely a new provision in the Bill that could not be covered by a prosecutor under some existing charge, if the evidence existed to proceed against someone engaged in terrorist activities. Therefore, it is ill-considered legislation, which has caused terrible trouble. We now shall see whether anything worth while can be produced from it when it goes to the House of Lords.
Secondary information
- Type
- Proceeding contribution
- Reference
- 439 c520-2
- Session
- 2005-06
- Chamber / Committee
- House of Commons chamber
- Subjects
- Disclosure of information Criminal investigation Detainees Arrests Chemical weapons Custodial treatment Evidence Intelligence services Incitement National security Police Powers Prosecutions Nuclear weapons Police custody Publications Police interrogation Terrorism Training Timetables Remand in custody Encouragement of terrorism Sunset clauses
- Legislation
- Terrorism Bill 2005-06
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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