Part of Immigration, Asylum and Nationality Bill – in the House of Commons at 5:45 pm on 16 November 2005.
I am glad that we have at least some time left.
Let me rebut the point made by my hon. Friend Mr. Gerrard. He knows the context in which these clauses were introduced as well as I do. Although not all Members, including members of the Committee, were not party to the gestation period when the clauses were discussed, they were discussed on an all-party basis throughout and beyond the summer. The other place will be aware of that. I do not accept the terms in which my hon. Friend described the genesis of the clauses or, indeed, the final discussions.
I hope that the House will forgive me if I dwell on amendment No. 34, for reasons of time rather than for any other reason. The UNHCR considerations are serious, although in part they challenge and condemn many past UN discussions and resolutions.
I received a very nice letter from Bemma Donkoh, the UNHCR's representative in London, which laid all these things out and said, "Best wishes, see you again soon, lots of love Bemma". We have a strong and not always unduly non-critical relationship. It is a good one.
It is right and proper that, with all the cross-party deliberations about terrorism, these clauses sit in the Immigration, Asylum and Nationality Bill, rather than in some omnibus terrorism Bill. I thank everyone on the Committee for setting a full day aside to deliberate these clauses and for the discussion that was held, which was interesting, informed and moved things on in some regard. Mr. Malins, as he has reminded me twice now, made a very good speech, although he seemed surprised that he had done so—there was shock in his voice when he said "I made a very good speech that day".
The UNHCR points are serious and need to be considered with the seriousness that they deserve. The charge is that clause 51 is not compatible with the refugee convention, but part of the justification for clause 51 in all its glory is that it reflects the relevant Security Council resolutions that refer to the guiding principles of the UN. UN Security Council resolution 1373 states that
"knowingly financing, planning and inciting terrorist acts" as well as the commission of such acts constitute acts
"contrary to the purposes and principles of the United Nations."
UN Security Council resolution 1377 is broadly in the same terms. I said in Committee that, as and when—fortunately, the progress of Bills through Parliament favours this—there needs to be read-across between the Terrorism Bill and any changes made to the constituent parts of that, and this Bill, we will seek to reflect those changes in this Bill. That makes perfect sense. I cannot pre-empt what the other place will do with the Terrorism Bill, but we stand ready to cross-reference the two Bills in the appropriate place.
I think that, given the state of this Bill and the state of the Terrorism Bill, little needs to happen, not least because Lord Carlile will conduct a substantive review of the definition of terrorism over the year. Much of the debate about read-across refers to the definitions that are included in the Terrorism Bill.
We believe that the UNHCR's points about the definition of terrorism in the 2000 Act are unfair. The definition is compatible with article 1(F)(c) of the refugee convention, as is the 2005 Terrorism Bill. We do not consider it to be at odds with UN Security Council resolutions that were drawn up reflecting the principles of the UN.
We are exhorted by UNHCR to take a holistic approach to exclusion clauses. We argue that we have done so, and they are reflected in this Bill. Clause 51 is not piecemeal. Our approach to the application of article 1(F) is holistic and we contest the points made by UNHCR in that regard.
We take the same attitude to the points made about positions of power. The UNHCR London paper suggests that in principle only persons who have been in power or a state-like entity would be capable of committing such acts, given that articles 1 and 2 of the UN charter set out the fundamental principles that states must uphold in mutual relations. A slew of Asylum and Immigration Tribunal case law and Security Council resolutions themselves contend that very position. Although I take UNHCR's points very seriously and take into account the points made by my hon. Friends and other colleagues that these are serious clauses in the Bill, I do not accept UNHCR's point that, of themselves and in their own terms, they are incompatible with the overall thrust of what is in the UN charter. They are very serious clauses that are a consequence of what we are trying to achieve in the broader sense in counter-terrorism and I—