(1 year, 9 months ago)
Grand CommitteeMy Lords, my Amendment 6 is on the same principle: unintended consequences. The Government would be very foolish not to listen in and to amend the Bill accordingly.
When I was a student leader, I had a range of tactics. With this Bill, I could put those tactics into play very easily. At the moment I go around a huge number of universities in another role; I was at one this morning. A week ago I was at a very prestigious one, in the vice-chancellor’s office. I did a recce in preparation and spotted a meeting room. If I was at that university, or knew someone in a society at that university—such as, let us say, the anarchist society—I would get invited there and, if I wanted to be disruptive, have a rolling meeting. The meeting would simply continue and continue. Some activists and campaigners would do that. They may not glue themselves to the door, because that would be criminal damage and they would be removed, but it would be possible to keep a rolling meeting going. I can recall one that was kept going for six weeks, not in the vice-chancellor’s office but in the registrar’s office. That is possible. I suggest that that would be an unintended consequence of this.
There are also groups that could get themselves invited in with the sole aim of maximising disruption, in order that they get their meeting broken up—in essence, they get thrown out—and then they can sue. This would be, by definition, extremist groups on the fringes. That would be, and has been in the past, a tactic employed. There was a whole period of time when various extremist activists were trying to do this. With this Bill, they would have a perfect opportunity. So this small tweak, giving that flexibility to a university, would have a profound impact.
There is one other good reason. If one wanted to be politically aggressive, when booking a room one could insist that an anti-Israel meeting, to use one example, was located in a room next to a synagogue or the Jewish chaplaincy. That would seem egregious to me. It could be—this happens a lot in the United States at the moment—directly in and among the Jewish student accommodation, the Hillel accommodation, which would be more than egregious. To give universities the flexibility for that bit of common sense, which they apply routinely in these isolated examples, would be a way of stopping those unintended consequences and would help the Government in their objective and their free speech proposals.
My Lords, I support Amendments 5 to 7 in particular. I shall follow on from the comments of the noble Lord, Lord Mann, because I had similar concerns about unintended consequences. I wonder whether your Lordships would mind me sharing some rambling thoughts that have come through my mind. I was not going to, but the reference by the noble Lord, Lord Triesman, to nothing before 1680—I think it was 1680—strengthened me.
In many countries in Europe, today is Reformation Day. I happened to be in Dresden yesterday, where you cannot help but see the statue of Martin Luther, which I was admiring. That is not irrelevant to these discussions. The history of academic freedom in Europe—freedom of expression and of religion—will have different views about the Reformation, but I cannot help celebrating the fact that, 500 years later, the Roman Catholic Church and the Lutheran World Federation said that they agreed over the doctrine of justification by faith, which was the great thing that divided the Churches at that time. As this fascinating debate has continued, I could not help thinking that, if there had not been a suppression of academic freedom at the time, there may not have been that great bust-up, which caused a lot of tearing to society and Church. I simply share that to reinforce that which we are all committed to—academic freedom and freedom of speech—and to recognise that institutions did not always get it right. Certainly, the Church has not.
I have quite a lot of sympathy for what the Bill is trying to achieve and welcome these amendments. The flexibility that they suggest would be very helpful. They work with the grain of the Bill in trying to encourage and enable robust and vigorous discussion and debate, and there are some sensible proposals.
My concern, perhaps slightly similar to that of the noble Lord, Lord Mann, was that an unintended consequence could be that spaces designated for pastoral, religious and spiritual needs might find themselves appropriated by bodies that would be offensive to those. I do not imagine that that was necessarily a concern of the noble Lords, Lord Willetts or Lord Stevens. I am really grateful to the Minister and his team for the discussions that I have had with him, particularly those assurances that I have been given that taking such steps as are “reasonably practicable” requires a careful consideration of how other legislation applies here, such as the public sector equality duty or the Prevent legislation. I would be very grateful for any further assurances that the Minister felt able to give.
I welcome that the amendments would provide the flexibility to help providers know that they were not cancelling a particular body because of its beliefs, even though they might be offensive to a particular body, but rather providing another space. I would also be very interested to hear any further assurances the Minister might be able to give on how guidance to the Office for Students on navigating some of these matters might be best given, and what other wisdom or what other bodies might help to advise on that.
(2 years, 1 month ago)
Lords ChamberMy Lords, intense competition for students, jostling for promotion among lecturers, vigorous, often intense and sometimes rancorous debate, with dashes of sharp practice and occasional mob violence—not a preview of some future Office for Students report but a snapshot of the early academic career of Augustine of Hippo. One of his first publications was advice to lecturers and, significantly for this debate, he later asserted that “By force we can make no one believe.” I will make some general points about the Bill and then raise three more specific issues.
Timothy Garton Ash speaks of three “vetoes” that silence the ability of people to express themselves: shouting them down, the “heckler’s veto”; declaring what they say to be offensive, the “offensive veto”; and, in extreme cases, threatening to kill people, the “assassin’s veto”.
Sadly, it seems that we have seen each of these techniques in action within higher education, as some of the evidence submitted to the Bill Committee demonstrated. It may quite reasonably be argued that such incidents are very rare, and that existing legislation already provides sufficient means of tackling such threats to freedom of speech, and to academic freedom, or that such things have always occurred, but I am not so sure that all is well. It is also true, as the survey for the Higher Education Policy Institute found, as we have already heard, that students are increasingly prioritising safety, especially for minorities or vulnerable groups, over free speech. There seems to be a generational difference in what is regarded as legitimate free speech—free speech within the law.
Yet there is also evidence that a significant proportion of students report self-censoring their own views and convictions and are reluctant to voice them in public. Similarly, among some academic staff there was a reluctance to imperil one’s career, possible promotion, publication or application for research funding by expressing views that were perceived to lie outside the overall culture of the institution or department. Those willing to take a different line appear to be senior staff, who either did not seek promotion or a new role or who had already established their reputation.
Freedom of speech and, by extension, the right to challenge, provoke, disturb, upset and sometimes to offend, are matters which are worth protecting in law. But these imperatives derive their true value from how they sustain the fundamental purposes of higher education: seeking truth and developing wisdom. They are not ends in themselves, but the means by which we pursue the truth, which is to our common benefit. Christian faith is rooted in the person who testified to truth in the tribunals of power and who promised the means to discern truth—the spirit of truth so movingly invoked at Lord Judd’s thanksgiving service earlier today. This is a vision of open truth-seeking which the Church has, at its worst, sought to stifle in society, but at its best, has helped to embed in university life.
Truth will set you free. By definition, we are all invited to share in this liberative function, to seek the truth as a basis for our common life. Therefore, although we cannot legislate for civility, my hope is that the letter of this proposed law, which is to protect freedom of speech, might make room for the spirit of the law, which is to seek truth without diminishing or dehumanising others.
Indeed, this Bill alone will not accomplish its objectives or guard against potential harms through purely statutory or regulatory means. Alison Scott-Baumann’s work on free speech provides some deep wisdom on nurturing communities of inquiry through an “etiquette of argument”, as she calls it—a way of communicating over divisive issues without causing harm. We are having a go at developing similar principles of conversation in the Church of England at the moment, with some success. At the core of these principles is a fundamental understanding that the truth that we seek is written into our human dignity; therefore, one cannot be compromised without the other.
I turn to some points of detail. The House of Lords Library highlights continued concerns about the potential confusion between the responsibilities of individual institutions, the Office for Students and its new director of freedom of speech and academic freedom, and the Office of the Independent Adjudicator. While new Schedule 6A provides some helpful clarification, I would be grateful for further assurances from the Minister about the interaction between these various, potentially overlapping bodies.
I share concerns already expressed about the new statutory tort. While the Office for Students will be able to dismiss unmeritorious, vexatious and frivolous claims, there remains a real concern that this provision will lead to increased litigation, including through the small claims court, which universities will inevitably need to defend, incurring expense and time, even if the case is dismissed, as I understand it.
Finally, new Sections 3 and 4 in new Part A1 may be read as posing problems for the provision of premises and facilities that meet the religious and spiritual needs of a range of staff and students—a concern also raised in the written submission of the Free Church Federal Council of England and Wales. I am grateful for the assurances given in yesterday’s briefing that there is no intention to compromise dedicated faith premises. Nevertheless, I would welcome a discussion with the Minister, as requested by the Second Church Estates Commissioner in his letter to Minister for Higher and Further Education, to resolve the matter fully.
Augustine was of course right: “By force we can make no one believe”. But sometimes we need legitimately to use the force of law to restrain actions that adversely affect the rights and dignities of others and to protect the rights we have for free speech and freedom of expression. So, although the Bill needs clarification on a number of matters, it is a measure whose intentions I support. I hope to see how the Bill can be better shaped to serve those intentions.
(2 years, 6 months ago)
Lords ChamberIn relation to the noble Lord’s comment about war crimes, conversations are ongoing within the discussions that are being had internationally. I cannot go further and give specifics in this Statement, but I can certainly say that conversations are being had across a whole array of issues. Yes, we are looking at imposing sanctions on individual members of the Russian assembly.
My Lords, while weapons of war reduce people and property to ash, will the Leader join me in commending the Pope on calling for a day of prayer and fasting for peace next Wednesday, which is Ash Wednesday, and in commending the most reverend Primate the Archbishop of Canterbury on calling us all to join in that world movement of prayer and calling all churches of this land to set aside Sunday as a day of prayer for peace? Also, would she care to expand on her answer to the noble Baroness, Lady Smith, on the humanitarian response, especially in terms of how we are co-ordinating our response with European partners to the predicted refugee crisis? The Leader may be glad to know that Coventry City Council has assured me that it stands ready to do its part should that be needed, as it has been in the past.
(2 years, 6 months ago)
Lords ChamberI thank my noble friend. He is right that our plan for living with Covid prioritises moving to a world where the country manages Covid like other respiratory diseases. Our response is underpinned by four principles: living with Covid by removing restrictions while encouraging safer behaviours; protecting those most vulnerable to Covid; maintaining resilience to be able to spot and respond to new variants; and securing innovations and opportunities from our Covid response, including investment in life sciences.
My Lords, thanks to the noble Lord, Lord Londesborough, earlier this afternoon your Lordships’ House considered the matter of global vaccine equity, and my sense was that, in many among the House, there was a feeling that more could be done on that front. Would the Leader say whether the Government also feel that more might be done to ensure vaccine equity in the UK itself, as an expression of the noble and laudable commitment to levelling up?
Certainly, we have been very focused on targeting those communities which have not taken up the vaccine as much as we would like—for a whole array of reasons. For instance, we have invested a further £22.5 million in a community vaccine champion scheme to support 60 local authorities with the lowest take-up, following a £23 million investment in the initial scheme. We have vaccine ambassadors speaking 33 languages between them who are promoting uptake across the country. The recently launched Office for Health Improvement and Disparities will systematically tackle the top preventable risk factors associated with ill health and improve the public’s health and health disparities.
(2 years, 6 months ago)
Lords ChamberWe have specialist teams of cyber experts and intelligence analysts working around the clock to detect, decipher and deter Russian threats beyond physical borders. This cell, as I mentioned in an earlier answer, is focused on fighting disinformation and ensuring that the UK can combat warfare threats. We have introduced a new autonomous cyber sanctions regime, set out a national cyber strategy and announced new legislation to provide security services and law enforcement with additional tools to tackle evolving state threats. As I said, we are strong supporters of NATO. We set out last year our integrated review and set out plans and investment in defence. We take it extremely seriously, and that work continues.
My Lords, these are dark days indeed for Europe, but unlike the noble Lord, Lord Newby, I welcome the commitment in the Statement to unrelenting diplomacy. Does the Leader agree that the stronger the sanctions, the better placed that diplomatic work will be? Is there a particular contribution that Britain can make in the diplomatic engagement even now?
We are continuing to work with our allies in diplomatic terms. As I said, the Prime Minister spoke to President Zelensky yesterday evening and President Macron this afternoon. We are anticipating a G7 call this week. We will be working through all the channels that we can with our international allies. As I have set out, we have introduced the first tranche of sanctions, which is a strong, tough sanctions regime, but we will increase and step up sanctions if we continue to see Russian aggression.
(6 years, 4 months ago)
Lords ChamberI am grateful for the noble Lord’s support for the action taken. I reiterate to the House that we remain committed to the UN-led political process, but we have to be aware that it is the Syrian regime, with Russian and Iranian support, that is choosing to continue the conflict rather than come to the negotiating table. However, we will continue to try and pursue diplomatic resolution. As I mentioned in the Statement, next week we will attend the second Brussels Conference on Supporting the Future of Syria and the Region, which will focus on humanitarian support, bolstering the UN-led political process in Geneva and ensuring continued international support for refugees and host countries. We are committed to finding a diplomatic solution but I think we all acknowledge how difficult the circumstances are.
My Lords, it was very good to hear that assurance from the Leader of the House on the commitment to a long-term diplomatic solution. It does not appear very loud and clear in the Statement—it is only two lines—but great energy and skill has been given to the military action and the consensus that has been gathered around it is really impressive. It would really help many of us to hear more about whether the same energy, skill and confidence that there can be a negotiated solution will be given to that, with the same sort of targeted, intense effect that was given to the military action. I want to repeat a question I asked when this House last met—in the Syria debate on the humanitarian crisis—about whether the degradation in relations between Britain and Russia was going to cause the Syrian people to be the long-term victims, because of the failure in efforts to bring all parties together. I failed to get an answer to that: will the Leader of the House say something about the state of those relations today and whether the recent deterioration has made the prospect of that concerted effort for peace possible?
I can certainly assure the right reverend Prelate that we are committed to continuing with diplomatic means and to looking for a long-term sustainable solution to the situation in Syria, because that is the only way that the Syrian people will have a bright future ahead of them. We will absolutely continue to do that. Of course, hitting these targets with the force that we have done will significantly degrade the Syrian regime’s ability to research, develop and deploy chemical weapons, which was obviously the main aim of this particular action. I also reassure him that we remain committed to the humanitarian support that we have provided. I have already set out the range of ways in which the UK has provided help—indeed, we have committed £2.46 billion since 2012, our largest ever response to a humanitarian crisis—and we will continue to do so.
(8 years, 4 months ago)
Lords ChamberThat is something that is an established way of recording. The noble Lord has challenged me, and I feel that I am entering into a zone where I am going to be asked about lots of technical financial matters that I am afraid I am probably not the best person to be able to respond on in detail. If I can provide the noble Lord with further information in writing, I will, but I assure him that this is a statement of fact and, I say to him, one that surely it should be pleasing to hear. We want to ensure that we collect as much tax as we possibly can. If we are collecting more than we have ever done before, that is a good thing.
My Lords, I am mindful that the OECD has estimated that tax havens may be costing developing countries up to three times the global aid budget. I am also mindful of the role of UK overseas territories and Crown dependencies in the international movement of finance. I very much welcome the Prime Minister’s Statement about transparency and making the exchange of information available to particular agencies, and I also welcome the clarifications that the noble Baroness the Leader of the House gave. Perhaps I may ask for a little clarification on the Prime Minister’s point about taking that further and putting the information in the public domain. Am I right in thinking that, as well as encouraging other countries to do that, there will be a particular focus on the UK overseas territories and Crown dependencies, bearing in mind our responsibilities towards them and with them?
My Lords, I can tell the right reverend Prelate that the register of beneficial ownership, which will be established in the United Kingdom, will, from June, be available publicly to anybody who wants to access it.
The overseas territories and Crown dependencies have committed to collate the relevant information on beneficial ownership so that our law enforcement agencies are able to access it. That is a step forward and a significant improvement on the current situation. They have not committed to preparing a public register but nor has any other country around the world, so I think we should acknowledge the positive steps that the Crown dependencies and overseas territories are taking. Clearly, we will continue to work with them so that they always look at taking further steps. We will make sure that they are in a strong position by adopting the standards that we would expect of any overseas territory, any Crown dependency or any place associated with the United Kingdom, so that they are chosen as places where those who are respected can invest in a respectful way and so that they, as nations, can prosper from those investments.
(8 years, 8 months ago)
Lords ChamberMy Lords, coming from Coventry, a city bound in solidarity of suffering with bombed cities in Europe, I am kept in daily remembrance of the costs of military action, especially to civilians. Against such costs, the benefits must be clear and the chances of success especially high. We all agree that the evil of Daesh needs to be stopped, but will extending strikes from Iraq into Syria do it?
We have heard much about the arbitrary nature of the Sykes-Picot border. However, during last year’s debate on intervention in Iraq, the Government recognised that the factors increasing the chances of success on one side of this border did not apply to the other. To my eye, untrained as I admit it is, they still do not.
We have heard it many times already that wars are not won from the air. Yes, our operations in Iraq have had some success in stopping the spread of Daesh, but this has been thanks to close collaboration with the Iraqi Government and armed forces. This will not be the case in Syria.
No one doubts that the best partner would be an inclusive Syrian Government and army, honouring a ceasefire with moderate groups and able to participate in long-term reconstruction and reconciliation. Such a political process would be wishful thinking without the plan and timetable from Vienna that would make it a reality. However, the Vienna process is at an early stage and has not yet been given a chance to bear the fruit of the transitional Government, which the Leader of the House referred to at the beginning of the debate. Without waiting for its results, are we not at risk of being perceived as the unwitting allies of the Assad regime?
Military action has unintended consequences. It will cause collateral damage, both physical damage and, as the most reverend Primate the Archbishop of Canterbury noted, ideological damage in the region and beyond. I do not doubt the military skill and highest standards of our RAF pilots and equipment, but there is no such thing as a perfectly surgical strike from the air and we will be implicated by the less precise bombing of other forces, Russian included. Do we not risk handing Daesh a further propaganda victory in the form of civilian casualties? Furthermore, in what is fundamentally an ideological conflict, we must be keenly aware that collateral damage takes ideological forms. Any western action will only reinforce Daesh’s apocalyptic narrative of western aggression.
How will UK air strikes be viewed by the millions of Sunni Muslims, regionally and in Britain itself? Daesh prospers because it champions the perceived grievances of Sunni Arabs against other groups in Syria and Iraq. How will the Government seek to address these grievances legitimately and counter Daesh’s narrative so that tactical victories in Syria do not come at the cost of fuelling its perverted cause?
I began with reference to the chances of success, which must be high to offset the virtual certainty of collateral damage from military action. Along with the noble and right reverend Lord, Lord Harries of Pentregarth, I do not believe that the necessarily high threshold for this prospect of success has been met. Yet if we are to intervene, as seems probable, our attention must turn to minimising the collateral damage —in the widest sense—that will result as the battles rage. Therefore, I conclude by asking the Minister how the Government’s review of progress will ensure that the success of action is measured not only in victories against Daesh’s military capacity, but also by the political settlement and peace that will ensure that its poisonous ideology, contrary to its own strategy, will not endure and expand.
(9 years, 11 months ago)
Lords ChamberMy Lords, the noble and learned Lord, Lord Howe of Aberavon, referred your Lordships’ House a few moments ago to the parallel in the 1930s and 1940s in Europe. I should like to draw on one figure from that period who I found helpful in thinking about the matters before us. Dietrich Bonhoeffer said that when a madman came down the street swinging an axe it was our duty to not just apply plasters to the injured but to stop the madman with whatever means were expedient.
The Government are seeking to join with others to stop the madman swinging the axe of cruelty, and we agree that stopped he must be. The question is: what are the expedient means for doing so? In facing that dilemma, I have four areas of questions for the Government, which reinforce some of those that have already been asked. First, is the Government’s objective of crushing and destroying ISIS and its ideology a reasonable one? Will we be any more successful in destroying ISIS than we have been in crushing al-Qaeda? Can an ideology ever be wiped out? I agree with the noble Lord, Lord Hylton, that we should seek a more achievable military objective. It should be focused on binding the madman’s arms so that his powers may be disarmed by dismantling the ideology by which he thrives and by the more powerful weapons of truth, justice and compassion, to which those more senior than me have referred. The noble Lord, Lord Alton, made it clear that one cannot bomb an ideology.
Secondly, as other noble Lords have noted—most clearly the noble Baroness, Lady Morris—one of the weapons that will degrade the ideology of ISIS is the building of an inclusive and functional Iraqi Government. As the United Nations Secretary-General said earlier this week:
“Missiles may kill terrorists, but good governance kills terrorism”.
What more can the Minister tell us about Her Majesty’s Government’s efforts to achieve that end?
Thirdly, if the Prime Minister is right that this is a generational struggle, how can we ensure that the mission does not creep beyond that which is right? In trying to stop the madman, how are we to stop ourselves from being caught up in the sort of escalation of violence that causes us to be seen, as we have been seen all too often in the past, as madmen swinging our own axes for our own ends rather than seeking to save lives, most of them Muslim, as the noble Lord, Lord Desai, said? How, in the heat of a long battle, will we assess whether our cause and intention remain justifiable, our objectives limited, and our means legal and proportionate, and that they do not destroy the lives of non-combatants? How do we ensure that we do not defeat cruelty with cruelty?
Fourthly, given the transnational character of ISIS, its stronghold in Syria and the complexities of military involvement in Syria, what is the Government’s assessment of the present convergence of interests against ISIS? Does the Minister agree that we may have a temporary window of opportunity to reinvigorate international efforts for a political resolution of the underlying crisis in Syria?
I end with a comment from Coventry’s history; a city that another madman slashed to the ground with terrifying force in 1940. A voice from the wilderness of Coventry’s devastated cathedral cried, “Father forgive!”—not just forgive them but forgive us all. It was a shocking confession of the complicity that we all bear in the history of the alienation and anger between peoples and nations that give the madman the energy that fuels his violence. If our Government believe that they are justified in using violence to stop violence, let them never, and let us never, put our trust in chariots and horses to resolve the deep problems that the world faces today. If they have a part to play, it is simply to position us to work for the things that make for peace.
(10 years, 1 month ago)
Lords ChamberAs I said when I repeated the Statement made by the Prime Minister in another place, we have been absolutely clear in our remarks to Israel about the needs for its response to be proportionate and to minimise any civilian casualties. The most important thing that we are trying to encourage is an end to this bloodshed on all sides, and we continue to press for an urgent agreement to that end.
My Lords, perhaps I may return us to the tragic event of the downing of flight MH17 to join others in expressing deep and profound condolences to the families, friends and colleagues of those who died. In particular, I express the deep sympathies of those of us who spend quite a lot of our time caring for those who are bereaved and, in so doing, I pay tribute to the Protestant, Anglican, Old Catholic and Roman Catholic ministers who have been trying to care for the stricken families at Schiphol Airport. They have a very demanding task.
As we have heard, the bereaved are suffering from a deep and dreadful trauma. The deaths were sudden and led, of course, to shock on the part of those bereaved. They were inflicted by violence, leading to anger. They took place in foreign lands where, as we know, the bodies are out of reach—not only that but lying around in the heat, in body bags, in full view of the world’s media. Now, as the noble Baroness, Lady Royall, powerfully explained, they are being disregarded and disrespected. It is a psychological, pastoral and spiritual nightmare of unspeakable proportions. My question is simply: will the Government continue to use appropriate means to ensure that the bodies are treated with dignity in this period and, of course, returned with urgency?
Our first priority over the last few days has been applying pressure to Russia to use what influence it has to ensure that what occurs is exactly what the right reverend Prelate asked for. While this has not yet been confirmed, I hear that there are now reports that the refrigerated train has left Torez and is now en route to Kharkiv. That is exactly the kind of progress we need to see continue so that people are able to grieve, while knowing that their families and friends are being treated properly and being looked after by the people who they would want to be doing so.