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Proceeding contribution from William Cash (Conservative) in the House of Commons on Wednesday, 2 March 2011. It occurred during Debate on Prevention and Suppression of Terrorism.


Prevention and Suppression of Terrorism

I am extremely grateful to you, Mr Speaker, as ever. Having listened with great interest to hon. Members' speeches, I think it is perfectly possible to reconcile them all. With reference to the excellent speech by the hon. Member for South Antrim (Dr McCrea), the whole question of the realities of terrorism has to be dealt with in relation to whether people should, as the hon. Member for Islington North (Jeremy Corbyn) suggested, be given a proper trial. That is what I keep insisting on in my interventions, as I did in the debate that took place yesterday. These are the real freedoms. At the same time, I entirely agree with my hon. Friend the Member for Esher and Walton (Mr Raab), who makes extremely valuable contributions to these debates, and my hon. Friend the Member for Newark (Patrick Mercer). I also pay tribute to the hon. Member for Cambridge (Dr Huppert), which may surprise him a little. All these things can be reconciled if, as the essence of my Bill on the prevention of terrorism proposes, we take out the overhanging shadow of the human rights legislation against which our legislation is constantly being tested. It is simple. We did not have a problem in the days when we ourselves decided on matters such as habeas corpus, fair trial and due process. It is not beyond the wit of our Parliament—in fact, it is the duty of our Parliament—to make proposals that meet all the different requirements. That can be done by sitting down, drafting a Bill, sending it to Committee and coming up with a reconciliation of all those different questions under one simple principle, to which the hon. Member for Islington North rightly referred—that people should be guaranteed the proper justice to which they are entitled when they are confronted with an accusation, whether they are suspected terrorists or serious criminals of a different order. There may be a public emergency, which can be defined in various ways, in which it is absolutely essential that the Secretary of State, not the courts, should make the decisions, because ultimately the security of the nation has to be prescribed, as Lord Hoffmann clearly stated in a case called Rehman. Following that important judgment he was somewhat criticised by those who want to see a much more relaxed arrangement. National security has to be decided by Secretaries of State not by the judiciary, and once those decisions have been taken, the manner in which the legislation is interpreted by the courts follows. I leave the argument at that point. We have a review. Let us stick to simple principles. Let us be sure that we give justice even to suspected terrorists, but not at the expense of the security of the state.


Secondary information

Type
Proceeding contribution
Reference
524 c423 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
Counter-terrorism Crime prevention Curfews Human rights National security Terrorism Surveillance Anti-terrorism control orders Freedom of association
Legislation
Prevention of Terrorism Act 2005 (Continuance in Force of Sections 1 to 9) Order 2011
Link
View this Proceeding contribution on www.publications.parliament.uk