I regret that the Minister has not gone even so far as suggesting that these are matters that any reasonable Attorney-General would have to take into account, though I firmly believe that they are. The Government, in their reply to the report of my noble friend Lord Carlile, have recognised that the definition of terrorism under the 2000 Act may lead to the inclusion in that definition of people who would not in fact be regarded as terrorists. Paragraph 6 of that reply says: "““The definition of terrorism is broad enough to ensure that all cases of what would generally be considered terrorism are caught. The definition does however contain a number of tests that need to be met””."
It goes on to set out what those tests are, and concludes: "““These tests mean that most of the actions which would generally be accepted as non-terrorist in nature fall outside the definition. It does not mean that non-terrorist activities will never fall within the definition but in such cases we rely on the police and Crown Prosecution Service in making sure that the definition is not inappropriately applied””."
That is exactly what I am asking the Minister to confirm. Here is a case in which it is clear that the definition sometimes goes too wide. It is not an answer to say, ““Terrorism is terrorism and should always be prosecuted””.
With specific reference to African National Congress issues, no doubt the Minister will recall that during a time when the ANC was carrying out or planning what it described as its ““armed struggle””, there were resident and active in the United Kingdom a number of exiled members of the ANC who were openly assisting their colleagues remaining in South Africa. No one suggested at that time that they ought to be prosecuted for what they were doing. Now that it is clear that the definition of terrorism extends to activity of that kind, that needs to be modified in line with what the Government said in making sure that the definition is not inappropriately applied. I shall withdraw my amendment this day, but it may well be that we will wish to consider bringing it back on Report. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 83 [Offences relating to information about members of armed forces etc]:
Counter-Terrorism Bill
Proceeding contribution from
Lord Goodhart
(Liberal Democrat)
in the House of Lords on Tuesday, 21 October 2008.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Counter-Terrorism Bill.
About this proceeding contribution
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2007-08Chamber / Committee
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