Counter-Terrorism and Security Bill

Lord Hannay of Chiswick Excerpts

Wednesday 4th February 2015 Lords Chamber

[Lord Hannay of Chiswick (CB)]

I am most grateful to the Minister for giving way, but I think that he really is fighting the last war. It is perfectly clear that the Bill is going to enter into force and that it is going to make certain new statutory obligations. Many of us have argued the case against that and for a voluntary approach, and I still believe that that would have been better, but it is not what is going to happen. So although he can have a lot of fun at the expense of UUK, there are other lessons that could be drawn from it—one of which, as the noble Baroness, Lady Kennedy, said, is that no one actually paid any attention to it. So if really unwise guidance is given, as was given then, that is what will happen.

We are talking now about a statutory obligation, though, and that is something completely different. Let us simply work on the basis that something like Amendment 14D is going to come into force. I ask the Minister to address in his winding-up speech one or two modest ways, which have been suggested around the Chamber, in which it could be improved before Third Reading, drawing on some of the excellent language in Amendments 14 and 14A. That is what would enable the Home Secretary of the day. In the next lot but one of amendments we will get on to the guidance, but that is the heart of the whole matter. I do not think that we should dilly-dally much longer on whether or not there is going to be a statutory obligation.

[Lord Bates]

I certainly take the noble Lord’s point but perhaps I may address some of the key points in the amendments that have been put forward.

I just want to put this in some kind of context. I admit to having had a bit of fun at Universities UK’s expense, but I think that quite a few noble Lords have had a bit of fun at the expense of the consultation document. Given that my noble friend Lord Deben has exhorted us to be in favour of all debate, one should not necessarily try to close off one part of it. However, I accept that perhaps I have pushed far enough, and the noble Lord, Lord Hannay, has got me on track. I shall address some of the particular points that have arisen.

I shall turn to the amendments themselves, but I think it would be helpful to address first the general principle that many noble Lords have spoken about, today and in Committee: the inclusion of universities and further education institutions within the scope of the Prevent duty in Clause 25. In Committee I outlined specific case studies, as did the noble Baroness, Lady Deech, of students and graduates who had gone on to commit terrorist atrocities. For the avoidance of doubt, in all the case studies I mentioned, including the 2010 Stockholm attack and the 2009 Detroit aircraft attack, the perpetrators had studied in UK institutions.

Young people accounted for around 31% of terrorist-related convictions between 2001 and June 2014. Within that date, the figure for at least two years is even higher, at 35%. The Prevent duty is designed to apply to sectors that can most effectively protect vulnerable people from radicalisation and from being drawn into terrorism.

In answer to the noble Lord, Lord Phillips, and the noble Baroness, Lady Lister, who have previously asked for evidence—I went back and said, “What evidence do we have from the regional co-ordinators at BIS that there is a level of non-compliance?”, and I have already referred to part of it—in the year up to 25 January 2015, at least 62 events were held on campuses that featured an extremist speaker or speakers. We know of another eight events that were publicised but later cancelled. Speakers at these events have, for example, called for apostates of Islam to be beheaded and have stated that a man who beats his wife should not be questioned as it is solely a matter between them.

I do not mention all this to suggest that these speakers should necessarily be banned—that is not what our guidance says is required under the Clause 25 duty—but to demonstrate the point that extremist views are propagated on campuses, that students are at risk of being drawn into terrorism and that a disproportionately high number of young people go on to become involved in it.

Since we last debated these issues, the consultation on the draft guidance has finished. Officials are still working through the responses, but an early indication shows that 42 higher education institutions emailed a response to the Home Office and, out of those, only eight stated that universities should not be subject to the duty. Furthermore, Universities UK—I qualify, of course, praying that organisation in aid of my position—which represents 133 vice-chancellors and principals, has not called for universities to be excluded from the Prevent duty. It reiterated its support for the duty when it met my honourable friend the Minister for Immigration and Security and my right honourable friend the Minister for Universities and Science earlier this week.

All this is not to say that universities have not raised issues with the current draft guidance. Almost all of them have done so, in a constructive fashion, and we thank them for their responses. That is the point of this form of public consultation and we will be making a number of changes to the guidance before it is published in its final form. I have already mentioned in Committee two changes that we propose to make: amending the reference to all speakers having to give prior sight of presentations; and making clear that not all staff need to receive Prevent training. We will be working through other changes and of course, as has been said, all that guidance, which will be issued to chancellors, will now be the subject, in a later group of amendments, of an affirmative resolution in both Houses of Parliament.

I now turn to the issue of freedom of speech, which has been heavily focused upon. It was mentioned that placing the duty on universities could have a chilling effect on freedom of speech and academic freedom, which would be contrary to the core function of our universities—a function which, as I have already said, makes universities one of our most important arenas for challenging extremist views and ideologies. As my noble friends Lord Deben and Lady Warsi said, I drew your Lordships’ attention in Committee to existing guidance referring to how speakers are treated. That is why I have tabled Amendment 15D.

This amendment would require further and higher education institutions, when carrying out the Prevent duty, to have particular regard to the duty to secure freedom of speech contained in the Education (No. 2) Act 1986. This will require higher and further education institutions, when considering all the factors that they need to consider when complying with the Prevent duty, to place particular emphasis on the duty to secure freedom of speech. I am sorry that I caused my noble friend Lady Hamwee so much confusion earlier with the difference between having due regard and having particular regard. The reason we put that in is that we want to have a higher test to differentiate between having due regard to the guidance and having particular regard to freedom of speech under the 1986 Act. That was not accidental; it was absolutely intentional and, had I been a little sharper, I might have mentioned that to noble Lords earlier.

The noble Lords, Lord Pannick and Lord Macdonald, have tabled an amendment along similar lines, Amendment 14A, although we would argue that the Government’s amendment goes further. The noble and learned Lord, Lord Hope, has tabled Amendments 14 and 15 with a view to ensuring that, to the extent that Scottish higher and further education institutions are subject to the Prevent duty, their compliance with that duty is also subject to their need to ensure freedom of speech. This is quite clearly a logical approach, given that those bodies are not covered by the duty in the 1986 Act, and we are not in disagreement with the general principle of the noble and learned Lord’s amendments.

Given, however, that no Scottish bodies are currently listed in Schedule 6, these amendments are unnecessary. If and when Scottish institutions are added to Schedule 6 by order, the Government can use the power in Clause 26(3) to make consequential amendments to this chapter. We would at that point seek to ensure that Scottish institutions had the same requirement as those in England and Wales to pay particular regard to the need to secure freedom of speech, as contemplated by Article 10 of the European Convention on Human Rights. I hope that that goes some way to reassure the noble and learned Lord on this point.

My noble friend Lady Hamwee spoke to her Amendment 14C, which would require that guidance to the education sector must recognise the duties of that sector to secure freedom of speech, to promote tolerance and respect for democracy and to offer a broad and balanced curriculum. The guidance already makes these points in the relevant sections. I refer my noble friend to paragraph 105 of the draft guidance in particular. There were a number of points, but I am conscious of the time I have taken to respond.

--- Later in debate ---

I am aware that there have been many points that I have not covered in the time, but I hope that I have gone some way to reassure noble Lords on the importance of how we share the commitment to preserve free speech while at the same time being resolute in wanting to do all we can to avoid people being drawn into terrorism. In that regard, I ask the noble Lord to consider withdrawing his amendment.

[Lord Hannay of Chiswick]

My Lords, before the Minister sits down, he has not really addressed the issue of whether between now and Third Reading he will have another look at his draft of Amendment 15D. It has been broadly welcomed across the House, but imperfections in it have been noted, mostly notably by my noble and learned friend Lord Scott, which the Minister has not addressed. It would be helpful if he would now reflect a little on whether the new clause inserted by Amendment 15D could be improved by some very modest clarification. At the moment, it reads like a piece of parliamentary draftsmanship: that is, totally incomprehensible to most members of the human race.

Some of the amendments, such as Amendments 14 and 14A, are much clearer to a normal reader in their meaning. This clarity is rather important because the concerns that have been expressed about freedom of speech and academic freedom are not going to be settled simply by cross-references to some article in some other piece of legislation. I hope that the Minister will look at that between now and Third Reading. I believe that it will not change one iota the thrust of what he is trying to achieve, which I am sure he will succeed in doing by this article.