Counter-Terrorism and Security Bill

Debate between Lord Carlile of Berriew and Lord Ashton of Hyde

Wednesday 28th January 2015 Lords Chamber

[Lord Carlile of Berriew]

My Lords, I will just say a few words in relation to this group. Best practice as I have observed it around the country has involved local authorities doing more or less what is set out in the provisions in this part of the Bill. Indeed, in the London Borough of Waltham Forest, for example, I have witnessed a meeting of exactly the kind described here. However, the practice has been very varied around the country. Some local authorities have done almost nothing, and it is absolutely clear that the most important work can be done, and needs to be done, at least under the aegis of local authorities. I therefore commend the provisions.

However, one or two things have been said during the course of this short debate which are particularly important. I will just focus on one of them, a remark by my noble friend Lady Hamwee about housing. Housing providers—which obviously does not just mean councils—have a huge amount of corporate knowledge about what is going on in large social housing projects. I have heard housing managers give an almost flat-by-flat or house-by-house description of activity which might be of concern in relation to Prevent and other aspects of counterterrorism policy. Before the Bill reaches its final stages, I ask my noble friend to consider whether there should be a reference to housing in these clauses.

The other point is about the police. It is of course right that the police should be involved in this activity, however there is a danger of exaggerating the role that the police play in Prevent. Of course the police should draw it to the attention of the relevant authorities—including the local authority and those involved in education, housing and so on—when they have detected concerns about the danger of radicalisation. However, we should not allow ourselves to be trapped in the position of believing that the police are the lead agency, or even a lead agency, in counter-radicalisation. It is when the police are overinvolved that communities become suspicious in the way that was mentioned earlier—perhaps with a degree of hyperbole—by the noble Viscount, Lord Hanworth. I simply ask my noble friend to keep in mind that there needs to be perhaps a little more flexibility than appears to be in the clause which the amendments in this group seek to amend.

[Lord Ashton of Hyde]

My Lords, this debate has allowed us to consider matters relating to the duty to create local panels to support people vulnerable to being drawn into terrorism in Chapter 2 of Part 5. I will start with my noble friend Lady Hamwee’s amendments. With many of them, this is really a question of practicality. We are seeking to continue the Channel programme, which has been operating now for nearly three years, in a way that is practical but effective.

Amendment 115AA would enable a local authority to refer an individual to a panel in addition to the police officer. I am pleased to reassure my noble friend Lady Hamwee that anyone can refer an individual who may be vulnerable to being drawn into terrorism for assessment, including the teachers to whom my noble friend referred. But, crucially, the police are responsible for co-ordinating activity from partners, and only the police may refer an individual to a panel. That is because the police carry out the initial assessment of an individual who has been referred and gather information from local partners to determine whether the individual is suitable for assessment by the panel.

My noble friend Lord Carlile asked whether the police were in danger of being overinvolved in this process. I remind the Committee that the Channel programme is entirely voluntary and that nobody needs to be in it who does not want to be in it. Different considerations apply to a voluntary programme from the other ones that we talked about earlier that are compulsory. To add a provision for a local authority to undertake a referral to a panel would create an unnecessary duplication of effort, as it would then also need to carry out the initial assessment and information-gathering phases. Of course, the police and the local authority are the two members of the panel ex officio, so they would be, of necessity, in close contact.

Amendment 115AB would have the effect of including in the support plan a list of people who have been consulted and who will be consulted in keeping the plan under review. I hope that I can give my noble friends some comfort on this point. In practice, those consulted on the support plan are the panel members. Proper records will be kept on the outcomes of the panels’ deliberations. We will ensure that the process and approach for support plans, and the records kept following these panels, are addressed in the statutory guidance underpinning this duty.

Amendment 115AC would add other providers that the panel must consider in cases where the individual is not vulnerable to being drawn into terrorism. We expect the panel to consider all forms of support on a case-by-case basis using its expertise and to refer an individual to the most appropriate support service, including housing and Jobcentre Plus, as my noble friend Lady Hamwee mentioned. The local authority housing function—my noble friend Lord Carlile mentioned housing—should be included in the panels. The local authority housing function should be covered by the membership of the local authority, but we can certainly ensure that this is emphasised in the guidance.

[Lord Carlile of Berriew]

I have listened carefully to my noble friend and there is one important lacuna in what he just said. A lot of social housing is no longer in the hands of local authorities. There are massive housing associations, particularly around London, which have taken local authority housing stock into their hands. I believe that the biggest landlord of social housing in London now may be the Peabody trust, which owns billions of pounds’ worth of property. Can we be sure that we are not going to just take local authority housing into this and that it will be possible to include other social housing? I think that is very important.

[Lord Ashton of Hyde]

I certainly take my noble friend’s point. I believe that the panel can include anyone who the local authority thinks is suitable, but I will take that back just to confirm that what I said is correct. As I just said, as the panel consists of local experts from such service providers, who will be very much aware of the services available locally, we do not consider it necessary to include in the Bill a list of all the services that the panel should consider. However, the process and the other forms of support to be considered will be detailed in the statutory guidance.

Amendment 115C would expressly rule out a disclosure that would jeopardise a relationship of trust between a practising professional and an individual concerned who has been referred to the programme. We do not seek or wish for the provisions of the Bill to undermine any such relationship. It is made expressly clear that the co-operation duty does not entail disclosures which would contravene the Data Protection Act. However, the 1998 Act includes certain lawful grounds on which information—which is not restricted to electronic information—concerning a person vulnerable to being drawn into terrorism could be shared.

Assisted Dying Bill [HL]

Debate between Lord Carlile of Berriew and Lord Ashton of Hyde

Friday 7th November 2014 Lords Chamber

[Lord Alton of Liverpool]

My Lords, I am grateful to the noble Lord for giving way.

[Lord Ashton of Hyde (Con)]

My Lords, I think it is usual not to intervene before the noble Lord has moved the amendment.

[Lord Carlile of Berriew]

I believe that I moved the amendment right at the beginning of my speech, so I am very happy to give way to the noble Lord, Lord Alton.