Key Facts

• The amendment would create a higher bar for the standard of proof under TPIM proposals.
• In November 2019, just five TPIMs were in force.
• No TPIM request has been rejected on grounds of insufficient evidence to date.
• The Bill aims to address terrorism challenges while ensuring safety across communities.
• Joanna Cherry highlights the Scottish National Party's commitment to constructive dialogue and assistance in anti-terrorism efforts.
• She raises concerns about human rights protections without intending to divide the committee over amendment 58.
• The current safeguard for TPIMs can only be imposed on the balance of probabilities.
• Jonathan Hall QC, Independent Reviewer of Terrorism Legislation, doubts the operational case for changing TPIM regime.
• No cogent business case or justification has been given by the Government.
• The Government's proposal aims to change the standard of proof for TPIMs.
• No specific case has been given where the current standard of proof has hampered public protection.
• Previous Independent Reviewers supported a higher threshold of proof.
• Today marks the 15th anniversary of the 7/7 London bombings.
• Louise, a survivor from the Aldgate train bombing, will leave flowers at the site today as she does annually.
• Some victims suffer long-term psychological and physical effects including anxiety, depression, life-changing injuries, or loss of loved ones.
• Clause 37 proposes lowering the standard of proof for TPIM notices from 'beyond reasonable doubt' to 'reasonable grounds for suspecting'.
• Assistant Chief Constable Tim Jacques testified that this change would make the public safer.
• The current standard of proof has been raised twice before, in 2011 and 2015.
• Assistant Chief Constable Tim Jacques testified on June 25, 2020.
• The lower standard of proof is needed for rapidly changing risk profiles and individuals returning from overseas such as Syria.
• There have been no occasions where a TPIM was desired but not obtained due to the current burden of proof.
• The Assistant Chief Constable testified publicly for the first time about the impact of lowering the standard of proof on TPIMs.
• Jonathan Hall gave testimony just before Assistant Chief Constable Jacques.
• The Assistant Chief Constable stated that MI5 has not found the current standard of proof to be a blocker in any case so far.
• Amendment would require the Secretary of State to seek permission from the High Court for any TPIM extension beyond the two-year mark.
• The court must apply principles applicable on an application for judicial review when determining such extensions.
• Laurence Robertson interrupts Conor McGinn's speech.
• Only amendment 60 to clause 38 and amendment 64 are being discussed.
• Amendment 61 is not part of the current discussion.
• The current two-year maximum for TPIMs can result in significant gaps of up to a year or more.
• Jonathan Hall found examples of gaps caused by renewal requirements, including one gap of a year and another of 16 months.
• Assistant Chief Constable Jacques confirmed an increase in threat during these gaps.
• In the old control order regime without the two-year limit, only a small number (15) lasted more than two years.
• TPIMs are subject to quarterly reviews under section 11 of the Terrorism Prevention and Investigation Measures Act 2011.
• Subjects have an ongoing right to appeal any extension under section 16(1) of the same Act.
• Amendment 61 requires the standard of proof for renewing a TPIM notice beyond two years to be 'on the balance of probabilities'.
• TPIM measures include overnight residence requirements, relocation, police reporting, electronic monitoring tag, exclusion from specific places, limits on association and use of financial services.
• The amendment aims to introduce additional safeguards to ensure TPIMs are applied reasonably and proportionately.
• Amendment 61 seeks to introduce a higher standard of proof—the balance of probabilities—for TPIM extensions beyond two years.
• The annual renewal process with a right of appeal if the subject feels the renewal is unreasonable provides adequate protection.
• Counter-terrorism police expenditure was significantly increased earlier this year.
• The TPIM Act requires the Secretary of State to keep under review whether there is terrorist-related activity or public protection needs.
• A TPIM Review Group (TRG) meets quarterly.
• Max Hill QC, in his 2018 report as Independent Reviewer of Terrorism Legislation, validated the TRG's activities and their frequency.
• The amendment would require a report two years after the imposition or extension of a TPIM.
• The reports must address current evidence and investigative steps taken in relation to TPIMs.
• The Independent Reviewer noted that there is no detailed consultation process under section 10 of the 2011 Act.
• The amendment would also provide annual statements from the Intelligence and Security Committee on their satisfaction with these reports.
• Conor McGinn proposes amendment 70.
• Amendment would insert a requirement for assessments of individuals residing together under TPIM measures.
• Evidence suggests that shared accommodation poses risks for reoffending and radicalisation.
• New clause 12 requires a counsellor during polygraph sessions for individuals aged 18-25.
• Counsellors can assess appropriateness and support the individual.
• Annual reports must be laid before Parliament summarising concerns raised.
• Clause 42 requires TPIM subjects to provide drug samples for testing.
• Testing is limited to class A and B drugs as specified under the Criminal Justice and Court Services Act 2000.
• Clause 43 allows the Secretary of State to require TPIM subjects to supply additional information.
• Clause 44 adds breach of TPIM notice and temporary exclusion order offences to terrorism notification requirements.
• Clause 45 enables direct police applications for SCPOs in terrorist-related cases, streamlining the process.