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Mr. Alun Michael (Cardiff, South and Penarth): I congratulate the hon. Member for Eastbourne (Mr. Waterson) on his success in promoting the Bill. It is understandable that he seeks to tackle violence and
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terrorism in view of the assassination of his predecessor, Ian Gow, and I join others in congratulating him on his choice of topic. That assassination reminds us that we are dealing with life and death as well as life and liberty when we legislate; both, of course, are important.
The hon. and learned Member for Burton(Sir I. Lawrence) was right to say that the best effect of the Bill will be deterrence; that, rather than the number of prosecutions, will be the real test of its success. He and, particularly, my hon. Friend the Member for Swansea, East (Mr. Anderson) have reminded us that we need to take care that powers given by the House are not open to misuse. My hon. Friend suggested that the oversight of the Attorney-General might be written into the Bill. Certainly, we need clarity of purpose on the use of the wide powers that will be given by the Bill.
The hon. Member for Gainsborough and Horncastle (Mr. Leigh) said that the powers given were exceptionally wide. Indeed, they are not limited to violent crime, never mind terrorism. We need, therefore, to balance the breadth of the powers to prosecute which, I am sure from the Minister's interventions, is his intention. We need to clarify that point; that will be the Committee's duty during its scrutiny of the Bill. I hope that it will be possible for us to unite in ensuring that we get the balance right. After all, even the hon. Member for Colchester, North (Mr. Jenkin) acknowledged the importance of ensuring that there are appropriate restraints.
The hon. Member for Eastbourne rightly emphasised the pursuit of those who become involved in terrorism, violence and other serious anti-social activities such as hooliganism. That is why we support the powers in the Bill.
Two other issues have led the House to give fresh consideration to extending the jurisdiction of our courts to some acts committed abroad. One is war crimes, which have been mentioned this morning. The hon. Member for Gainsborough and Horncastle expressed concern about the difficulty of obtaining convictions after so many years. I have three illustrations of how important it is not to close the door and how right the House was to legislate as it did. The first involves recent events in Bosnia and many other countries, which have shocked people in Britain and made us realise that atrocities are not a thing of the past, but still happen today.
The second is a matter that has been in the news this week--holocaust denial. Some have tried to say that the deaths of millions of Jews in the second world war never took place. That brings home to us the need to remember the past, which is in the lifetime of some of us in the Chamber--albeit only just--and to ensure that the horrors of what happened in Europe during that period are not forgotten.
The third relates to events in Somalia before the war became a matter of public discussion and even before there was a war. I became aware of it because I worked in a community with a large Somali population. It appeared that there was a hidden war involving violence and brutality towards men, women and children in the former British Somalia under President Siad Barre.
Many British citizens who had fought in the war, serving in the Royal Navy and the Merchant Navy, were agonised by the deaths of members of their families and tribes, yet the international community and the British Government at the time failed them by not preventing the
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Many people in Britain were communicating with members of their families who were fighting with the Somali National Movement during that hidden conflict. Should we describe them as terrorists? I am sure that the Government do not intend to catch people who are in domestic contact with their families.
I hope that the Minister will be able to reassure us that the powers in the Bill will be used with the discretion that hon. Members on both sides of the House seek. It is easily said, but more difficult to achieve, but the Bill must hit the right target without having unintended consequences. There must also be international mechanisms to deal with the problems of human rights abuse in many countries.
It is important that the powers in the Bill are used vigorously, but with discretion. They should be used vigorously against those who are evil and plan violence and terrorism, but with discretion to avoid hounding those who do not support or plan violence, but who communicate with people who may be involved in a struggle against an oppressive or even violent regime. For example, Steve Biko was beaten to death as an opponent of the South African regime and many considered him to be a terrorist. In the past few days, however, those who brought about his death admitted that they had been wrong and that he had not been a terrorist but had sought democracy in his country.
Those important considerations should not distract us from the priorities that the hon. Member for Eastbourne set out at the start of the debate. The Jurisdiction (Conspiracy and Incitement) Bill provides a general extension rather than addressing specific offences. I understand that it will make prosecution easier and it will make it more difficult to stop prosecutions on technicalities, but that makes it all the more important to make sure that we get the balance right. The Minister's response here and in Committee will be important because of those crucial issues. Had this private Member's Bill been a Government Bill, much more context would have been provided--perhaps through the White Paper procedure, which seems to have gone by the board a little lately--to allow fuller debate before the House considered the Bill.
As it is, I am pleased with the way in which the Minister has tried to answer some of the questions that have been raised. However, he has a heavy obligation to satisfy us with the sort of information that should be provided for a private Member's Bill that should have been a Government Bill--I am sure that the hon. Member for Eastbourne will understand. That does not take away credit from him for introducing it. It makes it clear that the onus is on the Government to put everything in place, to ensure that the legislation is effective and hits the right target.
The principle behind the Bill is not controversial, but as so often happens, the devil is in the detail. The Opposition said last year that they were prepared to go down the road of extra-territoriality in specific cases. My hon. Friend the Member for Swansea, East mentioned last year's debates on the Sexual Offences (Conspiracy and
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I am very pleased that such measures are consolidated not only in the Jurisdiction (Conspiracy and Incitement) Bill but in the Sex Offenders Bill, which the Minister and myself will be discussing in Committee next week. There is clearly a will across the Floor of the House to deal with child abuse and other sexual offences committed in this country and abroad. The need to extend jurisdiction in that way is respected.
I note that the hon. Member for Eastbourne quoted Lord Lloyd's report, which said:
I do not want to speak at length because my hon. Friend the Member for Paisley, North (Mrs. Adams) wants to move the Second Reading of her very important Bill in an attempt to protect witnesses and victims of crime. Victims are, of course, often witnesses and sometimes witnesses become victims as a result of not being protected. We should therefore remember the balance between international and local dimensions. The Jurisdiction (Conspiracy and Incitement) Bill seeks to tackle the international dimension, but ordinary people who are the victims of violent crime--or the long-term consequences of events at an international level--in their own area also require protection.
In his report, Lord Lloyd said:
The notes on clauses are less than illuminating, which is rather a recent trend. They say nothing of the Government's intention nor of the context in which the legislation will apply. I hope that the Minister will take the opportunity today and in Committee to put that right and respond to some of the points that have been made. There are clear intentions in the Home Office's statements on terrorism and in relation to the United Nations agreement and that between Britain and France on territory, which my hon. Friend the Member for Swansea, East mentioned, but they are not in the wording of the Bill. The context needs to be spelt out.
We certainly agree that the fight against organised crime and international terrorism is the primary target, but there are other offences that the Bill could cover. I agree with my hon. Friend the Member for Swansea, East that the Sex Offenders Bill is less ambitious than this Bill in dealing with extra-territoriality. I hope that the Minister will respond favourably to amendments to the Sex Offenders Bill, because it has similarities to the Bill that we are discussing today.
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It would be helpful if the Minister could say which offences--other than those of terrorism, violence, hooliganism, sex tourism and child abuse--the Government intend to pursue. I am sure that the Government have considered the matter and I hope that the Minister can clarify which offences will be considered borderline and which will not be pursued. Perhaps he can give an outline answer today and go into more detail in Committee.
"in this century crime has ceased to be largely local in origin and effect. Crime is now established on an international scale, and the common law must face this new reality."
I had hoped that we would be able to balance that comment slightly. There is an element of truth in it, in that there is much greater and faster communication, but most crime is still local in nature. Crimes such as drug trafficking reach the most local level in our communities.
"it would not be a great step to provide by legislation that a conspiracy here to commit a crime abroad should also be triable here, at any rate in the field of terrorism".
I agree with his words. It is because the Bill is not limited to terrorism or violence that we need to listen carefully to what the Minister says about the context and the methods by which the measures in the Bill will be used or not used.
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