Liberty welcomed the Home Secretary’s announcement in July 2010 that the most invasive and controversial counter-terror measures were to be reviewed, and we were delighted to be expressly invited to contribute to the Review. See our response to the review.
Liberty was extremely disappointed at treatment of the control order system in the Home Office Report which, whilst recommending that the regime be repealed, outlined a scheme which replicated the most illiberal, unconstitutional and unfair aspects of control orders.
Unsurprisingly the TPIM Bill largely reflects and expands upon these proposals. Terrorism prevention and investigation measures (‘TPIM’) will still be imposed by a civil, and predominantly executive led process, instigated by the Home Secretary and located firmly outside of the criminal justice system.
The conditions which may be placed on those subject to regime have altered slightly but will continue to be punitive and incredibly restrictive. Breach of a TPIM will still result in criminal sanction with the same maximum penalty of five years’ imprisonment. And while ostensibly a TPIM will have a two year limit, there is potential for the scheme to be extended where ‘new evidence of terrorist related activity’ is alleged.
Once again we join the ranks of Zimbabwe and Burma in providing for preventative administrative detention to be imposed, on an indefinite basis, on individuals who may be innocent of any crime.
House of Commons
House of Lords
Liberty believes
that the TPIM Bill replicates the worst features of the now discredited control
order regime. Administrative punishment imposed outside the criminal justice
system of investigation, arrest, charge and prosecution is as unsafe as it is
unfair. Public safety is ultimately assured by having terrorists behind bars.
Yet the provisions in this Bill will continue to undermine effective police
investigation in cases where further evidence is required, leaving potentially
dangerous individuals in limbo in the community for lengthy periods. The TPIM
regime will also allow for the same kind of punitive restrictions imposed under
the control order regime, destroying the lives of potentially innocent
people.
While in Opposition both parties
voted against the control order regime. In its current form, this Bill
represents a broken promise and an inconsistent and muddled approach to counter
terror policy.
Suggested amendments 1 and 2 in this briefing would allow the TPIM regime to be scrapped, making police bail for terror suspects available in its place. This would remove the most offensive aspects of both the current and proposed regime.
Amendment 3 proposes an annual sunset clause. Liberty believes that, at the very least, the exceptional control order/TPIM regime must not be made permanent. Any policy which departs so fundamentally from the Rule of Law requires annual reconsideration.