Counter-Terrorism Measures in British Airports - Home Affairs Committee Contents


Examination of Witnesses (Questions 1-41)

LORD WEST OF SPITHEAD AND MR STEPHEN SMITH

26 JANUARY 2010

  Q1  Chairman: Good morning. Could I refer all those present to the Register of Members' Interests where the interests of members are noted. Could I welcome to the dais Lord West, the Counter-Terrorism Minister, and Stephen Smith from the Office of Security. Can I begin by thanking you, Lord West, for giving evidence at such short notice. As you know, the Home Secretary announced the raising of the threat level last Friday, and the Committee felt that it would be helpful if you came to give evidence as to why this had happened or any other information that could be helpful to Parliament. So thank you very much for changing your diary at such very short notice to be with us today. I was phoned by the Home Secretary at 8.15 on Friday, and very courteously he told me he was going to announce at 8.30 on Friday that the threat level was going to be increased from "substantial" to "severe". Could you tell the Committee, when were you informed that the threat level was going to be increased?

Lord West of Spithead: Could I maybe just say a few words before I answer that specifically. First of all, I am delighted to be here before the Committee. I know you are taking evidence from Paul Clark after me in terms of some of the detail on the transport side of things. I am happy to answer any questions about all aspects of security really. I do believe this Committee has a very important role, and that is why I was happy to change my programme. As you are probably aware, I am quite tied into the Afghanistan issue and the Yemen issue, all of which are going on this week as well.

  Q2  Chairman: We are very grateful.

  Lord West of Spithead: I have to make quite clear that, clearly, I cannot talk about intelligence as such. In terms of intelligence and how that relates to threat levels, clearly I cannot talk about that. The Home Secretary is doing a written ministerial statement today on this specific issue really laying down what can be said about it. I think in terms of your specific question to me, I was aware of it—I cannot remember exactly the time—but shortly after a COBR meeting that was held on Friday. I think it is best to go back maybe at how one looks at intelligence. Every week there is a weekly security meeting, often chaired by the Home Secretary; in fact last week it was chaired by me. At those meetings we talk in great depth (we have all departments represented; all the agencies represented) about all aspects of counter-terrorism. It became clear at that meeting that we were getting more and more evidence from across the board, all sorts of factors, all sorts of things, which meant we should have a COBR; so that JTAC—who actually make the final assessment on whether there should be a change in threat level—could be aware of every single bit of information from all government departments and agencies. There was a COBR meeting on the Friday afternoon. After that meeting I got a call saying JTAC had decided that they wanted to raise the threat level.

  Q3  Chairman: To get the process right—and you have been extremely helpful and we are very grateful for that—COBR meets first?

  Lord West of Spithead: No, not necessarily. On this occasion, as I say, that is how it rolled into it because I had the weekly security meeting; there were so many strands of staff and other bits of information, all sorts of things, that I felt it was worth having a COBR so this could be looked at in great detail by everyone involved, and that would give JTAC a chance and opportunity to make an assessment.

  Q4  Chairman: Just to get the process right—because I think the public are very interested, and obviously Parliament is interested in the process—you have your Thursday morning meetings of course, which we are aware of. This Committee will be publishing next week our report on counter-terrorism structures, and members of this Committee have been into the COBR room. So you have your weekly meetings on a Thursday morning and on this occasion COBR met on Friday morning?

  Lord West of Spithead: Yes, because I felt that it was worth getting all the details of all sorts of things pulled together; but all the time JTAC are always looking at and making assessments as to whether they should change the threat level.

  Q5  Chairman: JTAC then met after the COBR meeting?

  Lord West of Spithead: As I understand it, JTAC then made the decision post that meeting and I do not know exactly how they made that. I try to keep out of that as a minister because I do not want this to be a political issue at all, so I do not know exactly how that was done at that stage.

  Q6  Chairman: The recommendation to perform a change in the threat level is one for JTAC and not for politicians, is that right?

  Lord West of Spithead: That is absolutely correct.

  Q7  Chairman: What you are saying is very helpful. JTAC will make the recommendation and this is a body that is exclusively made up of officials?

  Lord West of Spithead: Officials, correct.

  Q8  Chairman: The security services?

  Lord West of Spithead: Yes.

  Q9  Chairman: Officials from the Home Office?

  Lord West of Spithead: They will take advice from people like OSCT, but it is actually up to JTAC themselves—the head of JTAC and/or the deputies—to say, "Right, we believe we should raise the threat level".

  Q10  Chairman: They would have met on Friday after COBR. What do they then do? Do they then ring the Home Secretary, or ring you and say, "We have considered this very carefully and we believe that the threat level should be raised to the next level up, or the next level down"?

  Lord West of Spithead: Yes.

  Q11  Chairman: They make that decision?

  Lord West of Spithead: Yes, because the Home Secretary decides, "Right, how am I going to announce this so that all the people who need to know—Parliament and other people—know exactly how this is going to be done?" Yes, they contact the Home Secretary; and the Prime Minister is also told of this as well.

  Q12  Chairman: Are politicians able to say, "Hang on a minute, we've listened to what you've had to say but we're not going to make this announcement"? Are they able to say that, or are they able to second-guess the decision?

  Lord West of Spithead: I think in theory the Home Secretary could say, "I'd actually like to delay it for four hours", or whatever; but I have never ever known that to happen. As soon as it is there then it is promulgated; because it is not just that threat level. Just going back if I can make it clear, on this occasion there was a COBR—that is not the necessity. It is always being assessed all the time. We have our weekly security meetings, as I say, every week. There are other meetings, discussions and dialogues on these issues; so all the time they are reviewing and looking at these things. I am explaining how on this occasion it just happened in that sequence.

  Q13  Chairman: Once the announcement was made at 8.30 by the Home Secretary (this is obviously the first time a minister has come before a committee to explain the process in terms of that decision) clearly the public are not going to be told intelligence, the basis upon which the change is being made; the public is merely told that the threat level had been changed to a higher level. Is that right?

  Lord West of Spithead: That is correct. Below that is a whole tapestry of threats and threat levels to specific establishments, to sectors, to all sorts of areas, and these are not promulgated. For example, there might be (and I am giving a "for instance") a specific change in the threat level (and these threat levels are not always in the same listing as this; they are different—blacks and golds) to Wellington Barracks in London, to Buckingham Palace, to the government security zone, to movement on certain parts of the underground or whatever; and this is a tapestry of threat levels and all of these are adjusted by JTAC as necessary to fit in with this. These are ones which, clearly for very good operational reasons, are not promulgated.

  Q14  Chairman: Once the announcement is made obviously there is an expectation that the public will have to do something as a result of the change in threat level. Surely politicians just do not announce an increase and then expect nothing to happen. What were your expectations as to what you wished the public to do as a result of the threat level being increased?

  Lord West of Spithead: I think it is very important that we let the public know if we believe there is a higher threat of something happening.

  Q15  Chairman: What was the expectation?

  Lord West of Spithead: We came to that agreement a couple of years ago when this was first opened up as something that should be told. There was a huge debate, as you know, at the time. Some people say, "Well, actually it's probably better not to tell people". I am actually not a believer in that. I think it is best to let people know if that sort of thing is changing.

  Q16  Chairman: Absolutely.

  Lord West of Spithead: What we expect is greater vigilance. I have always got this balance: one does not want to frighten the horses. If you sit where I am sitting and see every day all the stuff coming across the desk, one could become pretty gloomy; but actually I am not. I am quite an optimist; I am a glass half full person; because over the last two and a half years we have done so much, I believe, to help make the country safer—not safe, but safer.

  Q17  Chairman: In making that announcement you expected the pubic, or the Home Secretary expected the public to be more vigilant as a result of the increase in the threat level?

  Lord West of Spithead: Absolutely. In the summer of 2007, just after I had come into post, I remember talking in fact on a cliff top in Dorset where one of my sons was announcing his engagement, being tracked down by the media; and I said there that what was very important was that this was something that involved the whole nation; and that people needed to be vigilant and needed to report, and at that stage we were at that level.

  Q18  Chairman: Is that what the Home Secretary said last week? When he announced the increase in the threat level he actually said, "As a result of the increase in the threat level, we expect you, the public, to be more vigilant"?

  Lord West of Spithead: I am afraid I do not know exactly what he said.

  Q19  Chairman: That is what your expectation was?

  Lord West of Spithead: My expectation is that the public would be more vigilant. Actually I think the public are quite intelligent; I know some people do not assess that, but I do; and if they are told there is a greater threat that they would be more vigilant. We do disseminate actually very clear phone lines for the counter-terrorism hotline; very clear phone lines for how to get hold of the Security Service, so the public can do this. Again, a year ago I spoke to a couple of newspapers and said, "Look, this isn't grassing up your friends; actually this is as a good citizen. The people we are trying to catch are trying to kill large numbers of innocent people. If there is anything, please make sure you phone and let people know". It has been a constant theme.

  Chairman: We will come on to other aspects. I am just going to ask colleagues to come in and question you on the threat level first.

  Q20  Mr Winnick: There must be few people generally who are not aware of the acute terrorist threat, certainly after the atrocities of 7 July 2005. The average person, it is difficult to see what he or she could do further as a result of the increase in the level of danger. Would you agree, Minister?

  Lord West of Spithead: I think for the average individual living in his vicarage deep in England probably there is very little that he can do about that; but I still do not think that means we should not tell them if JTAC assess there is a greater threat.

  Q21  Mr Winnick: Does that mean that, as far as is possible, people should certainly be even more on their guard when they are going on the trains, underground, buses and the rest. Is that what you are saying?

  Lord West of Spithead: I think there is a tendency—and it is a very good tendency; it is very British and I love it—actually that if there has not been a bomb yesterday that you get on with your life. The whole point of defeating terrorism is that we get on with our lives; that we live it; that we work; that we travel; that we have fun and enjoy it. However, there is a threat there and people need occasionally just to think of that. Because we know the threat (and JTAC have assessed this now) is higher therefore it makes a great deal of sense for people just to be a little bit more vigilant.

  Q22  Mr Winnick: The last thing presumably, Minister, that we do not want—the government and the security authorities—is that people should be is in such a state of anxiety that they do not go about their ordinary business because of the increased level of the threat to this country?

  Lord West of Spithead: Absolutely right, because otherwise you are doing the terrorist's business. What I want is for people to live their lives; to go to work; to travel; to have fun; and actually not to have this hanging over them but to be aware there is a threat and if the threat gets higher, quite right that JTAC should raise it and say there is a higher threat but they need to get on with their lives but just be a little bit more vigilant. It should not be an oppressive thing. We have a large number of extremely good people I have working for me and across the agencies doing amazing work to help keep us safe. As I say, in the last two and a half years, I think we have become safer, although we are still not safe; we are still under threat.

  Q23  Patrick Mercer: We have discussed this before. You and I both lived through the Northern Ireland campaign and we saw a terrorist campaign conducted on a very much higher level of visibility there than the current campaign that we face, but not necessarily a higher level of danger. All I would say is that one of the ways that we managed to deter the terrorists was by stimulating the public level of knowledge to the point where life was able to be conducted relatively normally, despite daily attacks on a largely civilian population. I challenge you on the basis that you say phone lines are well known: they are not. Phone lines are not well disseminated; they are not well understood. We do not know what to do when the threat level goes up. You can see me on the media at the weekend about this. My analogy is the fact if the government were to say, "There is a threat of Aids"; well, that is fascinating and extremely frightening, but what do we do about it? In Ulster we knew what to do about it because the telephone number was everywhere, there was public information and public training without necessarily any compromise of intelligence?

  Lord West of Spithead: What I would say is, the general sense of vigilance—I credit the public with quite a lot of common sense—is that if you see something very strange and extraordinary happening, if there is something that looks as though it could be a threat or a danger than you actually make sure you tell someone. You can find these numbers easily. I suppose we could maybe promulgate them better, and I will see if that is able to be done. As I say, I do not want to create a frenzy of things. We want people just to behave in their normal way but just to be that little bit more vigilant. I think it is right that we should tell them that JTAC—and this is why it is very important to split from politics—assess there is a higher threat, and then I think it is right we should let the public know. There has been this debate before. Let us not give them these threat levels. You remember in Northern Ireland the threat levels were not actually promulgated to the public. I think the balance is probably right.

  Q24  Mr Streeter: Is there anywhere a chart which is akin to, say, a storm force chart so that at level six we know the waves are whipping—and with your background you would be very familiar with that, much more than I am. Is there even internally a chart to say when it is "substantial" this is happening, or this should be done by the public and you go up to "severe"; because that would be helpful, would it not? I know that would perhaps be a little simplistic but I think it would help.

  Lord West of Spithead: I think it would. I do not think there are lots and lots of things one wants the public to do. There are lots of things in this tapestry of other threat warnings that are there and that agencies and organisations do. There are lots of things there that happen, and they are all in that huge complex tapestry. There are not lots of things I want the public to do. I certainly do not want the public to be going around thinking, "Oh my God, oh my God, I'm going to be killed", because it is far from that; but, as JTAC have assessed, there is a higher threat. I think JTAC are very good at making that assessment and that is what they have done. I think it is right that we should let the public know that. As I say, generally, they should be more vigilant and sensible, and understand there is a higher threat. It makes people just keep a better eye out. The British—as I say, it is a trait I love—if there is not a bomb yesterday they forget about that and get on with their lives. I am jolly glad about it; it is one of the strengths of our nation.

  Q25  Chairman: Intelligence aside, Minister, I think what the Committee is saying is that you could obviously keep the intelligence confidential but, if you do not give the public information as to what to do, there is the possibility of speculation. The weekend papers were full of speculation that an Indian airline was going to be hijacked and flown into a British city. Other newspapers were speculating on other aspects. Is it not important that as much information ought to be given? I know you want to rely on the great character and traits of the British people, which of course is there, but there is a lot of speculation as to why this was being done. Some have suggested that it was because the conferences were taking place this week. Some were speculating that it was because Mr Blair was giving evidence to the Iraq Inquiry; or that Hillary Clinton was flying in. Is there not a case when the announcement is made for more information to be given, other than intelligence and confidential information, so that the public can know how to react?

  Lord West of Spithead: No, I do not think there is. I think the way we want the public to react, as I say, is to be vigilant about what is going on. There will always be all sorts of speculation about things. I think it would be extremely dangerous to even give away one strand. What I want to do, if there is any opportunity at all and someone is trying to do something, is to be able to get the bastards and put them in prison where they belong. I would not want anything that actually had any impact on that whatsoever. That is if they are in this country, or achieve the same result abroad. I think there is a real danger, if one starts to try and explain in any way, you start to creep into intelligence, and I think that is extremely dangerous and I do not think we should do that.

  Q26  Chairman: Do you think that what you did on Friday means it is more likely, in your words, "to get the bastards"?

  Lord West of Spithead: I think what it means is with the focus and all of those other things in place it is more difficult for them to get us.

  Q27  Martin Salter: On the subject of getting the bastards, Lord West—

  Lord West of Spithead: Yes, I must stop using that expression. I am a salty seadog, you know, and I get in trouble about this, but you know what I mean. I do not particularly like the people that I am after.

  Chairman: I think Mr Salter is very comfortable with that language!

  Q28  Martin Salter: No, I am with you. It is slightly mild! Just playing devil's advocate for a moment, is there actually any point in announcing to terrorists, or groups that would seek to do us harm, what we are seeking to do to counter them? I am looking at the Home Secretary's statement on 5 January which talks about all these measures that are going to be put into the airport. On the one hand that is obviously designed to be effective in its own right and reassure the public but, on the other hand, it is basically saying to terrorist networks that we need to be more inventive and find ways around these things that the government have very kindly told us we are going to be doing?

  Lord West of Spithead: There is obviously a need to reassure the public. That is part of the equation—that actually we are taking the right sort of action. I think it is appropriate we should do that. What we do not do is say everything we are doing. I think what is equally clear is that the people who are trying to kill large numbers of innocent people explore every possibility and are constantly pushing and tweaking at the edges. For example, the issue of not having any metal in their bomb so they can get through metal detectors is not something that came as a huge surprise to us; we have already been doing work on this. Two years ago I was pushing in terms of science and technology and getting linked in with industry so that we could actually start looking at scanners; we could look at whole areas of airports; about behavioural patterns; and we have done a lot of work on that as well; but this takes time for this all to get into place. Last summer we produced our science and technologic strategy; in the first brochure of that we particularly pointed to industry and said the area of scanning was one of the key areas we wanted a lot of work on, and there was an opportunity for industry there; and there has been a lot of work there; because we know they are always prodding and trying these things. We are all the time sitting there and thinking, "Now, how are they going to change their methodology?" Well before Mumbai, I was having work done in the Home Office saying, "Right, what if actually they do their attacks rather than using VBIEDs and IEDs, they do this using weapons and grenades; how are we going to counter this?" and that work is ongoing. Constantly we are looking at what other ways can they do this, and constantly they are trying. They are looking, trying to break through and trying to find a way in through the defensive structures we have put in place. So far I think we have been extremely good in putting those in place, but one cannot be complacent. I think some IRA man said some time ago, "I only need to be lucky once". What I am trying to do all the time is to not let them ever be lucky that once, and that is really difficult.

  Q29  Martin Salter: It was graffiti on the walls of Derry after the Brighton bombing. "We were lucky this time. We only have to be lucky once". On that theme, the Home Secretary on the 5 January said even if full body scanners were in place, there was still a 50% chance of Mr Abdulmutallab actually getting through with the non-metallic bomb that he had. Are you in a position to tell us if the technology is likely to advance to a stage where any explosive device could be picked up?

  Lord West of Spithead: I am sure Paul will talk in more detail about this, but the scanner is just part of a whole complex series of things. Part of it starts with the watch lists; the possibility in the future of a no-fly list; the use of e-Borders; and then there are things like the behavioural intelligence—how people are reacting and doing things like that; and then there is the issue of scanners; the issue of explosive detection equipments, which are getting better and better. In answer to the specific one on scanners, I am sure scanners will get better but at the moment I think we are about 50-60% sure, but you have all these other factors involved as well. I would have to say I personally am a great believer in dogs, because I think dogs are good at this. They need to be trained and they have to be there and you have to rotate them round but, my goodness me, they are very good at discovering explosives and things. If you put that whole package together that is how you get your defence; how you sequence it; where you are actually checking. If you can scan the whole airport concourse—we have had a lot of work done on this—to see how people behave, fed through computer programmes, certain kinds of behaviour flag people up very quickly, even when they arrive at the airport itself, all of these things together will do this.

  Q30  David Davies: Lord West, there are 4,000 on the no-fly list in the US and another 14,000 who are set out for special measures. How many of those live in the United Kingdom?

  Lord West of Spithead: I have to say I do not know that figure off the top of my head.

  Q31  Chairman: Mr Smith, could you help the Minister?

  Mr Smith: I do not know off the top of my head.

  Q32  Chairman: You do not know how many people are on the no-fly list?

  Mr Smith: I do not know how many British people are on the American no-fly list because it changes regularly.

  Q33  David Davies: I understand that a number of people who reside in the United Kingdom, although not necessarily British, are on the American no-fly list. In the OSCT do you have no knowledge of this?

  Lord West of Spithead: I am sure someone does. I have to say, I have not got it at my fingertips but I am very happy to write to you with that information. I do not know that myself.

  Q34  David Davies: That would be very helpful. The British Government are planning a list; do we know how large it is likely to be?

  Lord West of Spithead: We do not know that. There is ongoing work, as you know, on this in terms of looking at extending it. There is no doubt that the previous watch list was primarily an immigration watch list. There were terrorist aspects to it.

  Q35  David Davies: My final question was going to be whether any of the people on the American no-fly list will also be on the British no-fly list? But if nobody knows whether or not any of the people on the American no-fly list reside in Britain habitually then I do not suppose either of you gentlemen will be able to answer that question?

  Lord West of Spithead: I do not know the exact answer to that; but I am absolutely sure that there will be a certain level of consistency between the two. We certainly share data on an individual basis about specifics with America very closely. We do not share the whole package of data with the Americans.

  Q36  Mr Winnick: Minister, one or two questions about new equipment to try and prevent terrorism. We have heard that this equipment only works in conjunction with profiling to identify "high risk" passengers. Have you estimated, providing airport staff with the training needed, how much it will cost?

  Lord West of Spithead: I am afraid that would be a better question for Paul. I do not know the cost. There is work going on on this behavioural aspect at Heathrow at the moment, so I am sure he has probably got some flavour for what that would be. Looking at intelligence-based assessments I think is very important. If you add on top of that things from the e.Borders information: that he has paid for it in cash; he is going on a long-distance flight and all he is carrying is one book; he has done certain things in the airport; he is behaving in a certain way; when you add all that together that probably makes you say, "Actually, we probably need a better body search of this chap, not just scanning him". When you put them all together that is what gives you the level of security that you need.

  Q37  Mr Winnick: I think to a large extent, Minister, the controversy is: is there going to be a question of profiling people along ethnic or racial lines? In other words, let us be blunt about it, someone who looks like a Muslim, has the orthodox beard, and may be as far removed from terrorism as ourselves, is that person going to find himself in a position where he will be profiled differently from other airline passengers?

  Lord West of Spithead: The answer to that is: no. I think a classic example—and I think the Home Secretary mentioned it in the House—was Anne-Marie Murphy who was an Irish woman, Caucasian, white, Irish woman who was pregnant, who was carrying explosives for her boyfriend. The profiling in the sense of maybe, let us say, a South Asian Muslim would not actually have helped at all with stopping her. Therefore, I do not think that form of profiling is at all what we are going for. We are looking at behavioural, intelligence-based assessment. Profiling I think can give the wrong impression at times.

  Q38  Mr Winnick: What you have said, Minister, really totally undermines, does it not, what some advocate, and perhaps witnesses later on, about profiling; because obviously, as you have indicated, if indeed profiling along the lines that I have indicated did take place, all the more reason that the terrorists would be those who are converts or white, the people least to be suspected of wishing to carry out and inflict terror?

  Lord West of Spithead: As I say, it is intelligence-based assessment and also behavioural assessment. That is the focus and it encompasses a whole mass of things that all come into the package to be able to do that; but it is not on ethnic grounds or on religious grounds; that is not the basis that we are doing this.

  Mr Winnick: That is ruled out completely.

  Q39  Chairman: I do not suppose you were being profiled when you were stopped outside the Palace of Westminster?

  Lord West of Spithead: I was in Birdcage Walk. To be fair to them, as soon as they realised who I was said, "No, we're not going any further". I said, "No, no, you absolutely are because the next thing is I'll be accused by the media of not being". So they did the whole works; but the seniority of policeman did rise dramatically over the course of the incident!

  Q40  Patrick Mercer: We heard during the e.Borders inquiry that in particular Greek airports which only stand up during the summer season for tourist purposes did not intend or could not afford to have the sort of sophisticated devices that we have been describing imposed inside those airports. At the same time we heard from the Prime Minister that this form of sophisticated searching would be required in airports particularly that are flying into this country. That is fine, that is a great aspiration but how are we going to make this happen?

  Lord West of Spithead: I think probably it is best if Paul answers that, because I would be treading on his toes in terms of the transport portfolio in that area.

  Q41  Mrs Dean: In that case I am not sure whether you will be able to answer my question. In our e-Boards inquiry we were given the impression that UKBA was trying to impose requirements without taking into consideration the impact on the flow of traffic and the transport infrastructure. Do you know what the impact on port traffic—passenger and cargo—of imposing the e-Borders regime on ports by the end of the year as announced by the Prime Minister, will be? Can you answer that, or is that one for Paul?

  Lord West of Spithead: Again, all I would say on this one, I think it really is a question for Paul because I am always getting told off for treading on other people's toes—although being Security Minister my portfolio, in a way, runs across lots of departments, so it is a bit tricky. I have been in a lot of dialogue with the Passenger Shipping Association and others, because the issue that was very difficult was coach loads of people arriving on passenger ferries. I know a lot of work has been done on that. It was not so much the flow of individuals coming in; it was not the problem coming through airports and things like that; it was just the scale of those; how that was done; and on Eurotunnel as well. I know there has been a lot of work done on that; I do not know exactly where it has got to. I was involved early on in it but it is very much a transport issue.

  Chairman: Minister, thank you very much for giving evidence to us on not only the security threat but also other issues of security. I am sorry we did not have more questions for you, but I am sure you will be back in the future. Thank you. We are now going to see a 30-second demonstration of a new scanner that has been produced by Smiths Industries, which was named by the Home Secretary in a statement.

(There followed a short demonstration of the scanning equipment)





 
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