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164509

registered interest
date	24/11/2014
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	British Nationals Abroad: Armed Conflict
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government what assessment they have made of whether the number of United Kingdom based jihadists travelling to the Middle East and North Africa has increased following the decision by Parliament to authorize the use of military force against ISIS in Iraq; and if so, what additional measures they are taking to halt the flow.
tabling member printed	The Lord Bishop of Coventry
uin	HL3102
answer	answer is ministerial correction date of answer 08/12/2014 answer text <p>There is no evidence that the number of UK individuals travelling to the region has increased since the decision by Parliament to join the International Coalition action against ISIL in Iraq.</p> answering member printed Lord Bates question first answered 08/12/2014 15:18:06 answering member 1091 label Biography information for Lord Bates
tabling member	4266 label Biography information for The Lord Bishop of Coventry

147400

registered interest
date	10/11/2014
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	British Nationals Abroad: Armed Conflict
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government whether they intend to prosecute jihadis who have fought with ISIS and return to the United Kingdom; and if not, why not.
tabling member printed	Lord Blencathra
uin	HL2804
answer	answer is ministerial correction date of answer 24/11/2014 answer text <p>If there is evidence that people are going to Syria to engage in terrorist activity they can be arrested and prosecuted. Each case is considered individually in accordance with the rules of the applicable criminal law jurisdiction. In England and Wales if the police refer a case to the Crown Prosecution Service (CPS), they consider whether the test in the Code for Crown Prosecutors is met; that is whether there is sufficient evidence of any offence, and if so, whether it is in the public interest to prosecute. A similar public interest approach is taken by the office of the Lord Advocate, the sole prosecuting authority for Scotland.</p><p> </p><p> </p><p> </p><p>Whether an individual is arrested or prosecuted for a terrorism offence will always depend on the facts and circumstances of the case and is an operational decision for the police and responsible prosecuting authority. Safeguards are built in to our legislation and we rely on the professionals involved to make sure that prosecutions are pursued in appropriate cases. Whether any specific act falls within the definition of ‘terrorism’ and whether any individuals or groups have committed an offence will always depend on all facts and circumstances of the case. Depending on the specific circumstances, anyone who becomes involved with fighting overseas may be prosecuted under the applicable law on their return<strong>.</strong></p><p> </p><p> </p><p> </p><p> </p><p> </p><p>A very wide range of offences already exists on the statute books that can be used to prosecute such individuals and to manage the risk they may pose on return, including in the Terrorism Acts 2000 and 2006 which provide extra-territorial jurisdiction in relation to certain activities. In particular, where there is evidence that individuals are planning, promoting, funding, facilitating or participating in terrorist activities overseas - including involvement in fighting for terrorist groups - the relevant authorities will seek to prosecute them, before they go or on their return.</p><p> </p> answering member printed Lord Wallace of Tankerness question first answered 24/11/2014 17:26:25 answering member 630 label Biography information for Lord Wallace of Tankerness
tabling member	497 label Biography information for Lord Blencathra

105758

registered interest
date	03/11/2014
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	British Nationals Abroad: Armed Conflict
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government whether they consider that the Foreign Enlistment Act 1870 provides sufficient authority to prosecute British citizens who join with states or other entities making war in support of the enemies of the United Kingdom; and, if not, whether they intend to amend the Act or to introduce new legislation based upon it in order to do so.
tabling member printed	Lord Temple-Morris
uin	HL2574
answer	answer is ministerial correction date of answer 11/11/2014 answer text <p>The Foreign Enlistment Act 1870 remains in force and there are no current plans to amend it.</p><p>The UK has a range of terrorism and criminal law offences to tackle British citizens who travel overseas to participate in armed conflict abroad. Where there is evidence that these individuals are engaging in activities there which may harm the UK, we can already seek prosecution on their return to the UK.</p><p>The Prime Minister recently announced a package of wide-ranging measures which will further strengthen our capability to deal with the increased threat from foreign fighters and British-born jihadists who seek to harm the UK. In addition, the Government is already legislating in the Serious Crime Bill to extend our territorial jurisdiction over two offences in the Terrorism Act 2006 which will enable the prosecution of those who travel overseas to prepare and train for terrorism.</p><p> </p> answering member printed Lord Bates question first answered 11/11/2014 16:53:00 answering member 1091 label Biography information for Lord Bates
tabling member	267 label Biography information for Lord Temple-Morris

89897

registered interest
date	01/09/2014
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	British Nationals Abroad: Armed Conflict
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government whether they intend to create a specific, indictable offence with a maximum penalty of life imprisonment, for British subjects offering support to, or participating in, any foreign army, organisation or military unit which is not a member of NATO.
tabling member printed	Lord Blencathra
uin	HL1739
answer	answer is ministerial correction date of answer 22/09/2014 answer text <p> </p><p> </p><p>British subjects who travel overseas to participate in armed conflict abroad can potentially be prosecuted under a wide range of terrorism and criminal law offences available under existing UK law. As such, a new offence of participation in foreign military organisations which are not members of NATO, is not currently under consideration. <br><br>The Prime Minister has just announced proposals to further strengthen our capability to deal with the increased threat from foreign fighters and British-born jihadists who seek to harm the UK.</p><p> </p><p> </p> answering member printed Lord Newby question first answered 22/09/2014 12:08:06 answering member 1916 label Biography information for Lord Newby
tabling member	497 label Biography information for Lord Blencathra