Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2008

Part of the debate – in the House of Lords at 12:40 pm on 17 July 2008.

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Photo of Lord West of Spithead Lord West of Spithead Parliamentary Under-Secretary (Security and Counter-terrorism), Home Office, Parliamentary Under-Secretary (Home Office) (Security and Counter-terrorism) 12:40, 17 July 2008

My Lords, the international terrorist threat to the United Kingdom and its interests abroad, and to our international partners, remains severe and sustained. The Government are determined to do all they can to minimise the threat, including using proscription to prevent terrorist organisations from operating in the United Kingdom by inviting support, raising funds or otherwise furthering their objectives.

The purpose of the order, if this House and the other place so approve, is to add to the list of 45 international terrorist organisations that are already proscribed. We propose to do so by substituting the existing proscription of the Hezbollah External Security Organisation with a new listing covering its entire military wing. This is the seventh proscription order made under the Terrorism Act 2000.

Section 3 of the Terrorism Act 2000 provides a power for the Home Secretary to proscribe an organisation if she believes it is concerned in terrorism. This is achieved by adding the organisation to Schedule 2 to the Terrorism Act 2000, which lists the proscribed terrorist organisations. The Act specifies that an organisation is concerned in terrorism if it: commits or participates in acts of terrorism; prepares for terrorism; promotes or encourages terrorism, including the unlawful glorification of terrorism; or is otherwise concerned in terrorism.

The Home Secretary may proscribe an organisation only if she believes it is concerned in terrorism. If the test is met, she may then exercise her discretion to proscribe the organisation. When considering whether to exercise this discretion, a number of factors are taken into account, which were first announced to Parliament in 2001. They are: the nature and scale of an organisation's activities; the specific threat that it poses to the United Kingdom; the specific threat that it poses to British nationals overseas; the organisation's presence in the United Kingdom; and the need to support other members of the international community in tackling terrorism.

Proscription is a tough but necessary power, and its effect is that the proscribed organisation is outlawed and is unable to operate in the United Kingdom. The consequence of proscription is that specific criminal offences apply in relation to a proscribed organisation. These include membership of the organisation, the provision of various forms of support, including organising or addressing a meeting, and wearing or displaying an article indicating membership of the organisation. Further criminal offences exist in relation to fundraising and various uses of money and property for the purposes of terrorism.

Given the wide-ranging impact of proscription, the Home Secretary exercises her power to proscribe an organisation only after thoroughly reviewing all the available relevant information on it. This includes open-source material as well as intelligence material, legal advice and advice reflecting consultations across government, including with the intelligence and law enforcement agencies. Decisions on proscription are taken with great care by the Home Secretary, and it is also right that both Houses must consider the case for proscribing new organisations.

The Hezbollah External Security Organisation, a unit of the military wing, was proscribed in 2001 because of its involvement in terrorism outside Lebanon. We now have evidence that further parts of the organisation are directly concerned in terrorism, and this is why the entire military wing, including the External Security Organisation, is specified in this order. I am sure that noble Lords will appreciate that I am limited in what I can say about the evidence in support of this belief, as much of it is intelligence material and of a sensitive nature. I can, however, say unequivocally that Hezbollah's military wing is providing active support to Shia militant groups in Iraq, including Jaish al-Mahdi (JAM), which has been responsible for attacks on both Iraqi civilians and coalition forces. This includes providing training in the use of deadly, explosively formed projectiles used in roadside bombs.

Although I am unable to go into the detail of the evidence, I can inform noble Lords that Hezbollah's support for insurgent groups in Iraq was confirmed when coalition forces captured a senior Hezbollah operative, Ali Musa Daqduq, in Iraq on 20 March 2007. Daqduq is a Lebanese national who served for 24 years in Hezbollah. In 2005, he was directed by senior Lebanese Hezbollah military commanders to train Shia groups in Iraq. Hezbollah's military wing is also providing support to Palestinian rejectionist groups in the occupied Palestinian territories, including Hamas and Palestinian Islamic Jihad.

The proscription of Hezbollah's military wing will contribute to making the United Kingdom a hostile environment for terrorists and their supporters. It will signal our condemnation of the support that Hezbollah provides to those who attack British and other coalition forces in Iraq, as well as Iraqi civilians. It will support our international partners in disrupting terrorist activity in the occupied Palestinian territories, and it will also send a strong message that the United Kingdom is not willing to tolerate terrorism either here or anywhere else in the world.

Noble Lords will be aware that, alongside its military operations, Hezbollah performs a legitimate political, social and humanitarian role in Lebanon. Proscription is not targeted at, and will not affect, these legitimate activities, but it sends a clear message that we condemn Hezbollah's violence and support for terrorism. We continue to call on Hezbollah to end terrorist activity, abandon its status as an armed group and participate in the democratic process on the same terms as other Lebanese political parties.

As a final point, I have already said that the Government recognise that proscription is a tough power that can have a wide-ranging impact. Because of this, there is an appeal mechanism in the legislation. Any organisation that is proscribed, or anyone affected by the proscription of an organisation, can apply to the Home Secretary for the organisation to be deproscribed. If this is refused, the applicant can appeal to the Proscribed Organisations Appeal Commission, POAC, a special tribunal which reviews whether the Home Secretary has properly exercised her powers to refuse to deproscribe the organisation. POAC is able to consider the sensitive material that often underpins proscription decisions, and a special advocate can be appointed to represent the interests of the applicant in closed sessions of the commission.

Given the evidence of the military wing of Hezbollah's direct support for terrorism in Iraq and the occupied Palestinian territories, it is right that we extend the existing proscription of the External Security Organisation to cover Hezbollah's entire military wing. I commend the order to the House. I beg to move.