Encouragement of Terrorism Offences

Closer to this place, earlier this year, London Young Labour tweeted a picture of the Falls Road mural dedicated to the IRA man, Bobby Sands. They wrote:

“On this day in 1981, socialist and republican Bobby Sands died as a PoW following a hunger strike during which he became an elected MP. We remember him and continue to fight for an end to imperialism and for a free and united Ireland.”

Madam Deputy Speaker, Bobby Sands was a bomber. Bobby Sands was not a prisoner of war. He was a terrorist—a man so consumed with hatred that he killed himself. Yet here we have a youth wing of the official Opposition in this place lauding this man. What does that say to victims?

There are many, many other examples of how this encouragement and glorification of terrorism happens in our society: the Policing Board member who describes the shooting of a prison officer in the head as one of the “best ops”; the Gaelic football grounds and competitions named after IRA men; and the Northern Ireland Executive Ministers who attend glorification events. Madam Deputy Speaker, if Members of any other party in this House were to do that for any terrorist event or organisation, it would not be accepted.

I have a young son, Charlie. I want him to grow up in a society that has values, that has respect for the rule of law, and where people are at peace with one another. Yet I look at a society today where the very encouragement and glorification of terrorism goes largely unchallenged. In such a society, real reconciliation cannot happen. For in such a society, those who suffer most, our victims, are not respected—they are insulted. Until this stops, until those who engage in this behaviour cease and recognise the hurt and the wrongs they do and have done, we will never have that real peace we crave.

I want to look at the work that we do as a Government across the United Kingdom, and I am sure that the hon. Lady would join me in recognising the work that happens here and now. What do I mean by that? I mean the work of the Police Service of Northern Ireland, MI5 and others who work tirelessly to keep people safe and have our full support for the immense contribution they make on a daily basis. I commend all those who, sometimes quietly, sometimes out of sight, help to deliver safety and security for the public in Northern Ireland and Great Britain. That ongoing work by the police and MI5 means that most people in Northern Ireland, mercifully, are not directly affected by the severe terrorist threat that endures.

It remains unacceptable that, decades on from the Good Friday agreement, there are still groups who are using and hiding bombs and bullets in residential areas, putting their own agendas above the rights of the community who want to live and thrive in peace. Where terrorism, paramilitary-style attacks and attacks on the community endure, so, too, will our efforts to tackle them. We will always do everything in our power to ensure they do not succeed.

I take this opportunity to commend the recent successes of Operation Arbacia, an ongoing Police Service of Northern Ireland-led operation into the activities of the New IRA, which has involved collaboration with partners such as MI5, Police Scotland, An Garda Síochána and the Metropolitan Police Service. In August, the Police Service of Northern Ireland arrested 10 people, all of whom have now been charged with a range of terrorism offences under the Terrorism Act 2006. Violent dissident republicans cause substantial harm to communities and the fabric of society. These arrests, I believe, are a welcome step in maintaining peace in Northern Ireland and keeping people safe from criminality and violence.

We have robust UK-wide legislation to counter the threat of terrorism and protect the public. The legislative framework was established in the Terrorism Act 2000; it was updated and strengthened in the post-9/11 era, again more recently to respond to the threat connected with the Syrian conflict and individuals travelling from this country to join terrorist groups, and then again following the attacks in the UK in 2017. Our framework provides a coherent approach, including an ideology-neutral definition of terrorism, which determines the scope of other terrorism powers and offences.

On the particular issue raised in this debate today, the Government are clear that statements that encourage or glorify terrorism are unacceptable and that individuals who make such statements should be liable for prosecution. It is an offence under section 1 of the Terrorism Act 2006 for an individual to intentionally encourage members of the public to engage in terrorism or be reckless as to whether their statements will encourage it. That applies whether or not any person is in fact encouraged or induced to engage in terrorism as a result of the individual’s statements.

The Counter-Terrorism and Border Security Act 2019 updated the section 1 encouragement offence in three ways: closing a gap that existed whereby the offence would not necessarily be committed in a case where someone radicalised or sought to encourage a child or vulnerable adult to carry out an act of terrorism; ensuring extra-territorial jurisdiction applies fully to the encouragement of any act of terrorism, meaning that a person may be prosecuted in the UK for conduct that took place outside the UK that would have been unlawful had it taken place here; and increasing the maximum penalty available following a conviction from seven to 15 years’ imprisonment to reflect the seriousness of the offence. That is an appropriately broad offence of encouragement, which also covers the glorification of terrorism and ensures that perpetrators can be prosecuted appropriately.

In addition, our counter-terrorism legislative framework includes the separate offence under section 12 of the Terrorism Act 2000 of inviting support for a proscribed organisation. The 2019 Act extended the offence by making it clear that it is illegal to make statements in support of a terrorist organisation or to be reckless as to whether others will be encouraged to support the organisation.