Section 14(1) of the Prevention of Terrorism Act 2005 (the 2005 Act) requires the Secretary of State to report to Parliament as soon as reasonably practicable after the end of every relevant three-month period on the exercise of the control order powers during that period.
The level of information provided will always be subject to slight variations based on operational advice.
The control order regime
My right hon. Friend the Secretary of State for the Home Department also asked the independent reviewer of terrorism legislation, Lord Carlile, to consider in his fifth annual report on the operation of the 2005 Act the continuing viability of the control order regime in the light of AF & Others. I welcome the conclusion of Lord Carlile in that report, which was laid before Parliament on
"that abandoning the control orders system entirely would have a damaging effect on national security. There is no better means of dealing with the serious and continuing risk posed by some individuals."
Lord Carlile emphasises that in reaching this conclusion he has
"considered the effects of the court decisions on disclosure. I do not consider that their effect is to make control orders impossible".
Lord Carlile's conclusion supports our view that control orders continue to be an important tool to protect the public from the risk of terrorism where individuals who we suspect of involvement in terrorism-related activity cannot be prosecuted or deported.
The powers in the 2005 Act have now been renewed by my right hon. Friend the Secretary of State for the Home Department for a further year from
The exercise of the control order powers in the last quarter
As explained in previous quarterly statements on control orders, control order obligations are tailored to the individual concerned and are based on the terrorism-related risk that individual poses. Each control order is kept under regular review to ensure that obligations remain necessary and proportionate. The Home Office continues to hold control order review groups (CORGs) every quarter, with representation from law enforcement and intelligence agencies, to keep the obligations in every control order under regular and formal review and to facilitate a review of appropriate exit strategies. During this reporting period, no CORGs were held in relation to the orders currently in force. This is because meetings were held just before, and are due to be held just after, this reporting period. Other meetings were held on an ad hoc basis as specific issues arose.
During the period
In total, 11 control orders are currently in force, 10 of which are in respect of British citizens. All of these control orders are non-derogating. Six individuals subject to a control order live in the Metropolitan Police Service area; the remaining individuals live in other police force areas. Two individuals have been charged with breaching their control order obligations; no criminal proceedings for breach of a control order were concluded during this reporting period.
During this reporting period, 44 modifications of control order obligations were made; 13 requests to modify control order obligations were refused.
Section 10(1) of the 2005 Act provides a right of appeal against a decision by the Secretary of State to renew a non-derogating control order or to modify an obligation imposed by a non-derogating control order without consent. One appeal under section 10(1) of the 2005 Act has been lodged with the High Court during this reporting period. A right of appeal is also provided for by section 10(3) of the 2005 Act against decisions by the Secretary of State to refuse a request by a controlled person to revoke their order and/or to modify any obligation under the order. During this reporting period two appeals have been lodged with the High Court under section 10(3) of the 2005 Act.
Judgments have been handed down in relation to five control orders in substantive judicial review proceedings under section 3(10) of the 2005 Act during this reporting period. Four of these control orders have been upheld by the courts. The five judgments are these:
Judgment was handed down by the High Court in Secretary of State for the Home Department v. BG & BH on
Judgment was handed down in Secretary of State for the Home Department v. AM on
In Secretary of State for the Home Department v. Al-Saadi, also handed down on
Judgment in Secretary of State for the Home Department v. BM was handed down on
A judgment was handed down on
In addition to the appeals to the Court of Appeal mentioned above, one further individual subject to a control order has applied for, and been granted, permission to appeal to the Court of Appeal. One individual has been granted permission to appeal to the Supreme Court.
Most full judgments are available at http://www.bailii.org/.