Prevention and Suppression of Terrorism

I think that my hon. Friend raised the issue of the general impact on community relations and co-operation in the minority communities, which might be feeling somewhat targeted. That issue is very much on my Committee's mind. On the question of an exit strategy for control orders, we welcome the creation of the control order review group. We think that there should be a positive duty to keep the control orders under review in each case. There are a series of options available to the CORG. Prosecution is, of course, the primary option and the most preferable. However, the fact remains that not a single controlee has been subject to prosecution so far. We believe that control orders should be made only when there is no realistic prospect of a prosecution being brought successfully, except in urgent cases, and that there should be a duty to that effect. In fact, in 2007 there was only one such urgent case. Our view is that controlees should be subject to a three-monthly review, with a view towards prosecution. Deportation is very important. Nine notices have been served and six people have been deported. It is a question of modifying the restrictions, revocation, non-renewal and the important option of de-radicalisation. However, that does not get round the question of the maximum duration of the control order and indeed the question of the people we mentioned who might be subject to controls for up to six years. There is no clear answer in human rights law to this question, beyond saying that human rights law prohibits the severe controls of indefinite duration. Lord Carlile's recommendation is for a maximum of two years as a rebuttable presumption in statute other than in genuinely exceptional cases. We tend to favour that approach. It is a difficult question and we feel that it is worthy of a debate in Parliament. In due course, we hope to table an amendment to facilitate such debate. In conclusion, I repeat the fact that human rights law imposes a duty on the state to protect us all from terrorism and that the Committee sees control orders as second best. We must ensure proper parliamentary scrutiny, that the restrictions we impose on people are proportionate and the subject of due process, and that there is a proper exit strategy available in each case. The Joint Committee on Human Rights will propose amendments to the new Bill to facilitate debate on the control order regime and other things that we think should be considered in detail. I shall certainly support the Government this afternoon, because the order is not amendable. I hope that by next year experience will have led to the sort of changes that we believe will make the control order regime not only fairer but ultimately better in the overall strategic objective of combating terrorism.