Government terror watchdog sets up a showdown with ministers by warning new extremism laws must not 'criminalise thought'

• Terror watchdog Max Hill said thinking about terrorism was not itself terrorism 
• He said the law should only penalise preparing or carrying out terrorism 
• Intervention comes after May promised a crackdown on tolerating extremism  

+4

The Government was on a collision course with its independent terror watchdog Max Hill (file image) today after he warned against a raft of new laws

The Government was on a collision course with its independent terror watchdog today after he warned against a raft of new laws.

Max Hill said the Government was at risk of 'criminalising thought' in the pursuit of new powers to stop people carrying out terror atrocities. 

In a speech to human rights activists tonight, Mr Hill will argue that targeting activities that are 'not actually terrorism' would cross the line of what should be considered criminal. 

He said thinking about a terror attack but stopping short of preparing or carrying one out might be extremist but was not itself terrorism.

After the London Bridge attack, Theresa May said 'enough is enough' and vowed to crack down on tolerance of extremism in the UK.  

In response to Mr Hill's claims, Downing Street said the UK had been made 'painfully' aware of the 'unpredictable threat from terrorism' after a wave of five attacks. 

In extracts released to the Evening Standard ahead of his address to the Justice campaign, Mr Hill said: 'We do not, and should not, criminalise thought without action or preparation for action.

'Whilst we can all agree that there should be nowhere for real terrorists to hide, we should also agree that legislating in the name of terrorism when the targeted activity is not actually terrorism would be quite wrong.'

Mr Hill added: 'Thought with steps towards action can be terrorism. Thought without action or preparation for action may be extremism, but it is not terrorism.

'At least, this is where I hold the dividing line. Whether others agree is a matter of debate.

'You will recall the proposals for banning orders, extremism disruption orders and closure orders.

'If any or all of them make a reappearance, that will be evidence, for me, of the creation of criminal sanctions, formal consequences which fall on the wrong side of the divide.'

Mr Hill also urged ministers to speak to a wider range of Muslims, including those with whom they did not agree, and criticised calls for them 'to 'do more' to fight extremism' without spelling out what that should involve.

In response to Mr Hill's claims, Downing Street said the UK had been made 'painfully' aware of the 'unpredictable threat from terrorism' after a wave of five attacks.

Theresa May's official spokeswoman said that meant tackling the ideology that drives attacks.

+4

Mrs May (pictured leaving No 10 yesterday) has promised to stamp out tolerance of extremism in Britain 

He said: 'That's why we are doing things like establishing a new commission on countering extremism to expose all forms of extremism and division and to challenge those who preach hate.'

Told that Mr Hill was very clear about the need not to legislate further for terrorism – putting him at odds with Tory manifesto pledges to legislate more - the spokeswoman added: 'We want to send a clear message that we will not tolerate either terrorism those who help radicalise terrorists with their extremist views, or those who turn a blind eye to terrorist activity.

'The Home Secretary gave a conference speech about tackling ideologies that inspire terrorist attacks, she called it one of the greatest threats we have faced and like I said that's why we are establishing a new commission to expose it.'

As Home Secretary, Mrs May included ideas in for a new terror crackdown in a counter-extremism strategy in late 2015.

This said laws would be introduced to 'ban extremist organisations that promote hatred and draw people into extremism' and 'restrict the harmful activities of the most dangerous extremist individuals'.

Mrs May also vowed to use the law to 'restrict access to premises which are repeatedly used to support extremism'.

In the aftermath of the London Bridge attack in May, the Prime Minister said 'enough is enough' and promised change to counter the terror threat. 

Mrs May then promised in this year's Conservative manifesto to consider introducing the measures.