Prevention and Suppression of Terrorism

One of the reasons why we have an annual debate on these orders is so that we can assess annually whether this order is required, and, if so, whether it is required in the same form as 12 months previously. I have to say to my hon. Friend that one of the things that has changed in the past 12 months has been the level of the threat to the United Kingdom as a whole, and therefore we believe that this order is still required. There are still 11 individuals currently on control orders; we believe that this is a necessary power; and I hope that I have convinced Members on both sides of the House of the case for it. We want to improve our ability to prosecute and deport; we want to ensure that, where we can, we take action through the courts; we want to ensure successful prosecutions; we want to ensure deportations; and we want to ensure effective policing. Sadly, however, there is a small group of suspected terrorists whom we cannot prosecute or deport, and these control orders are intended to protect the public from the risk posed by such individuals. I must also say to those hon. Friends who have concerns on these matters that these control orders are applied irrespective of nationality, ethnicity or religion; decisions on them are based on an assessment of the threat an individual poses to citizens of this country—they are based on national security considerations. Over the past five years, these orders have proved to be a valuable tool in the fight against terrorism. As I have said, they are not imposed arbitrarily—a judge must agree that they are necessary and proportionate. Neither are they imposed widely—there are currently only 11 of them in force, and only 46 individuals have ever been subject to a control order. As hon. Members know, over the past year there have been developments in another place relating to the judgment on AF and others and in light of the Strasbourg judgment on A and others, where the Law Lords concluded that in order for control order proceedings to be compatible with article 6 of the European convention on human rights, the controlled person must be given sufficient information about the allegations against him or her to enable him or her to give effective instructions to the special advocate. That has caused the Government some difficulty; it has raised some concerns to which we have had to respond, but we believe that the balance has to be in favour of protecting the public from terrorism perpetrated by such individuals, and we would not disclose sensitive information that would harm national security. Our view is that the control order regime remains viable. Although there are difficulties, we will continue to use this regime if both Houses support it.