PARLIAMENTARY DEBATE
UK Nationals returning from Syria - 18 February 2019 (Commons/Commons Chamber)
Debate Detail
I welcome the urgent question from my hon. Friend the Member for Hendon (Dr Offord). My priority as Home Secretary is to ensure the safety and security of this country. We cannot ignore the threat posed by those who chose to leave Britain to engage with the conflict in Syria or Iraq—more than 900 people took this path. Without the deradicalisation work of our Prevent programme, there could have been many more. Whatever role they took in the so-called caliphate, they all supported a terrorist organisation and, in doing so, have shown that they hate our country and the values we stand for. This is a death cult that enslaved and raped thousands of Yazidi girls and that celebrated attacks on our shores, including the tragic Manchester bombing, which targeted young girls. Now that the so-called caliphate is crumbling, some of them want to return. I have been very clear: where I can, and where any threat remains, I will not hesitate to prevent that. The powers available to me include banning non-British people from this country and stripping dangerous dual nationals of their British citizenship. More than 100 people have already been deprived in this way. We must, of course, observe international law, and we cannot strip someone of their British citizenship if doing so would leave them stateless. Individuals who manage to return will be questioned, investigated and, potentially, prosecuted.
Our Counter-Terrorism and Border Security Act 2019, which received Royal Assent just last week, provides more powers to prosecute returnees. It extends the list of offences committed overseas that we can act on, and it creates new laws to ban British citizens from entering designated terrorist hotspots without good reason.
Our world-class police and security services closely monitor all who return if they pose any risk. We do not hesitate to use the range of tools at our disposal. That includes using temporary exclusion orders to put in-country restrictions in place, and managing risks through terrorism prevention and investigation measures—so-called TPIMs. Members will have seen the comments that Shamima Begum has made in the media, and they will have to draw their own conclusions. Quite simply, if someone backs terror, there must be consequences.
Figures from the Home Office show that 900 British nationals travelled to Syria, and up to 400 have returned. On 11 June last year, the Minister for Security and Economic Crime told the House that of those who had returned from Syria:
“Approximately 40 have been prosecuted so far”.—[Official Report, 11 June 2018; Vol. 642, c. 666.]
That is a reduction on the 54 that, in May 2016, Lord Keen advised had been prosecuted, and it is still only 10% of those who went to Syria and returned.
How many British nationals have returned from Syria? How many have been prosecuted for offences? What offences were they charged with? How many have been convicted? If we do not address this issue, not only do we risk the security of the United Kingdom but we put into doubt the safety of thousands of our Muslim constituents and we put them at risk of discrimination, abuse and violence. I make a great distinction between my hard-working, law-abiding Muslim constituents and the actions of a reckless child from east London. I ask the Home Secretary to take action on this vital matter.
My hon. Friend went on to ask me a number of related and important questions. He said that in some cases we can remove British citizenship. That is what I have referred to as deprivation. As I have said, the Government have done so on more than 100 occasions. If someone who has more than one nationality—British nationality plus another, or perhaps more than one other—is deemed a threat, and I consider this to be conducive to the public good, we can deprive that individual of their British nationality, and thereby prevent their return to the United Kingdom.
My hon. Friend mentioned some numbers. From the best numbers we have available, we estimate that, in recent years, 900 people who have been deemed of national security concern in some way or another went to Syria or Iraq to join terrorist organisations. Of those, we estimate that 20% have been killed in the battlefield, and around 40% have returned, leaving about 40% still somewhere in the region.
My hon. Friend asked about those who have returned in recent years. In all those cases, we would seek to make sure, first, that that individual is questioned, investigated and, where there is enough evidence, prosecuted. We would seek to manage that return, so even if they are a British citizen, we can issue temporary exclusion orders. That will remove their passport and require them to travel on a specifically issued designated travel document into a specific port of entry. At that point of entry, they are monitored by police and face a number of other restrictions. If appropriate, we can also use TPIMs to place further restrictions on them while we may or may not be waiting for prosecution. Of course, we will also work with authorities, particularly if young children are involved, to make sure they get the mental health, psychiatric and other types of help that may be necessary.
Finally, my hon. Friend rightly mentioned communities and making sure that, whatever we do, we work towards building more cohesive communities and winning the understanding of all communities, and that is something we always try to do.
The public have a right to protection from anyone thought to pose a threat to this country, and paramount for any Government is the security of their citizens. Will the Secretary of State confirm, first, that UK citizens are entitled to return to this country under international law, but that they should be held to account on their return for their actions?
Under international law, as the Home Secretary said, the Government cannot make people stateless, but they can sensibly take a number of practical steps to safeguard people in line with our respect for the rule of law. The designated areas offence introduced by the Counter-Terrorism and Border Security Act has received Royal Assent in recent days. The Opposition worked with the Government on developing that mechanism, which provides the legal framework to deal with the issue of returning so-called foreign fighters. However, the Government now need to designate areas to ensure that those returning face justice and due process. Is the Home Secretary considering designating parts of Syria in line with that legislation?
Recently, attention has focused on those who have travelled to Syria to join the so-called caliphate. Given that people may start to return to the UK and will face legal proceedings, I will not comment further on individual cases. However, will the Home Secretary confirm that anyone returning to this country as a UK citizen should expect to face justice for their actions, in a legal process in which our police, our prosecutors and our courts will take into account the individual circumstances of each case?
The hon. Gentleman mentioned the Counter-Terrorism and Border Security Act and the measures in it to combat terrorism—especially the designated areas offence. I welcome the support of the whole House for the Act and particularly for that offence. He asked whether we are looking at designated areas, and of course we are. In anticipation of the Bill becoming an Act, we had already commenced some work on that. It would not be appropriate at this point for me to say which areas we looked at specifically—for an area to be designated, it has to come before the House and it has to be the will of the House to designate that area, and I do not want to prejudge that—but it is worth pointing out that it will not be retrospective, and the House should keep that in mind.
The hon. Gentleman talked of “if and when” people start to return. As I said a few moments ago, over the last few years several people have returned, and in all such cases I can assure him that we always seek first to try to control entry and question the individual. We investigate the individual, working with the police and the security services, and where appropriate we prosecute. That has always been the case and that will not change.
If we deem someone to be a serious threat to this country and it is in the public interest to prevent them from re-entering the UK and we can do so by legal means by depriving them of citizenship, or preventing entry in the case of a non-British national, we would always look to do that.
The SNP share the concerns of everybody else in the House and the country about the terrorist threat from Daesh and other extremist ideologies. Nevertheless, the UK still has a responsibility to UK citizens who left to join Daesh and, as the Home Secretary said, the UK is obligated under international law to allow re-entry to UK citizens without claim to another nationality. Shamima Begum, whatever her degree of culpability, was a child when she left the UK and is thought to have been a victim of a grooming campaign, like many other UK children at the time. She is a vulnerable young woman with a newborn child, and the Government should follow international law and allow her to return to face the consequences of her actions.
By showing our commitment to the rule of law, we demonstrate the strength of the democratic system and help to prevent others from being radicalised. Can the Home Secretary confirm whether Shamima Begum was a target of Daesh grooming and whether he has information on the number of UK children targeted by Daesh? I have a particular interest in the issue after meeting Safaa Boular on a visit to Medway secure training centre: what steps is the Home Secretary taking to ensure that a similar wide-scale Daesh grooming campaign could not happen today or in the future?
On a more general note, if individuals have left Britain to join Daesh or other terrorist organisations in that region, we can understand why they are considered a threat to individuals and to our values in this country, and to our allies across the world. Those individuals have made that decision, and the Government’s first priority is to protect this country and do whatever is necessary. If those individuals have more than one nationality—again, I will not be drawn on a particular individual—we have the ability where appropriate to strip them of their British nationality. I have done that on several occasions and will continue to do so where I deem it appropriate. If that is not possible, we have other ways to manage the risk.
The hon. Gentleman asked specifically about the grooming of young people by extremists and terrorist organisations, which sadly we have seen in this country and elsewhere. The Government are working with other public bodies to try to stop that, for example through the Prevent programme, which has been very successful to date. It is about safeguarding vulnerable young people who are susceptible to extremists.
“restore the law of treason, specifying that it is treason to support a group that one knows intends to attack the UK or is fighting UK forces.”
Will he seriously address that point?
Does the Home Secretary agree that our country’s long-term security is best served by understanding precisely why a young British girl would go to Syria in the first place? Is it not therefore better for UK security to interrogate and investigate this British citizen in the UK, rather than waste this opportunity to learn incredibly valuable lessons?
That said, we put a huge amount of effort—I take this opportunity to commend our security services, the police and some of our international partners—into gathering battlefield evidence and having that ready to use whenever appropriate. If we can supply that evidence in some cases to our partners for cases that they wish to bring in front of their courts, we will try to work constructively with them. The UN has also been looking at this. New measures are being considered on battlefield evidence conventions, and Britain, through the Ministry of Defence, is making an incredibly important contribution to that.
Furthermore, if that person is involved with a terrorist organisation, they have gone to either directly or indirectly kill other people’s children, and we should keep that in mind. Lastly, if we were to do more to try to rescue these children, we have to think about what risk that places on future children in the United Kingdom and the risk that they may be taken out to warzones by their parents.
“inconsistently with his duty of loyalty”,
behaved in a way
“prejudicial to the vital interests of the State”,
or declared
“allegiance to another State”
and shown evidence of repudiation of allegiance. Will my right hon. Friend be good enough to look at that again? I have raised it several times, including with the present Prime Minister when she was the Home Secretary. Will he take another look at this because I do think the situation is now becoming more than critical?
The Home Secretary talks about people facing consequences for supporting terror, but he knows that far too many of them do not face consequences. He talks about doing whatever it takes to bring people to justice, so why is he not making the very valuable designated area offence, for which many of us campaigned, retrospective? Does he really think that the law as it stands, under which people can go to Syria, make themselves jihadi brides and offer their support to foreign fighters yet not have their prosecution guaranteed, is strong enough? Surely it is not. What measures will he take?
The hon. Gentleman talks about the laws that are available and the tools for prosecution, and particularly about the new powers in the Counter-Terrorism and Border Security Act 2019. These are far-reaching powers, and we tried to prepare a Bill that had the support of the House while being well balanced and offering due process. As for the designated powers procedures, as I said earlier, we started work on that in anticipation of Royal Assent, which has now happened. We hope to bring an order to the House as soon as possible.
May I ask the Home Secretary how many returning combatants have been prosecuted and how many are subject to TPIMs?
My hon. Friend is right to issue that challenge and to say we need to do more, and I agree with him.
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