Counter-Terrorism and Border Security Bill

Baroness Barran Excerpts

2nd reading (Hansard - continued): House of Lords & 2nd reading (Minutes of Proceedings - continued): House of Lords
Tuesday 9th October 2018 Lords Chamber

[Baroness Barran (Con)]

My Lords, I am aware that my remarks stand between your Lordships and the much anticipated speech of the noble Lord, Lord Anderson, so I will focus my comments on the proposed changes to the Prevent duty, as set out in Clause 19. As we have heard, they will allow local authorities as well as the police to make a referral to a Channel panel. Before I do so, I congratulate my noble and learned friend Lord Garnier, and the noble Lord, Lord Tyrie, who has moved, on their excellent maiden speeches. I am not sure what the collective noun is for maiden speeches, but I suggest that it should be “a brilliance”, based on what we have heard in the debate.

I also acknowledge the many community groups, head teachers, including one whose school overlooks Westminster Bridge, and Prevent leads from around the country who shared their practical experiences of Prevent and the Channel panels with me, both good and bad. It is fair to say that a majority value how Prevent is working in their communities, but all are worried that its reputation will limit its impact. The fears we have already heard expressed are about securitising our schools and communities, identifying the wrong people, stigmatising in particular Muslim communities, stifling debate and a general lack of transparency about the effectiveness of the approach. I will try to address some of those issues.

Allowing local authorities as well as the police to make a referral to a Channel panel should help to reduce the sense of securitising or criminalising those who are referred and will rather focus on the safeguarding aspects of the referral. That is not to say that safeguarding is without fear or stigma as well. Any of us who are parents will know that conversations with a professional about one of our children about abuse, neglect, sexual exploitation, drug use, criminal behaviour or violent extremism are not conversations that we are keen to have. However, we need to recognise the context: difficult conversations about safeguarding and referrals to children’s services happen more than 640,000 times a year, with Prevent referrals making up less than 1% of that figure. While they are important, we need to see them in that context. I hope that a conversation with a social worker rather than a police officer, with the greatest respect to the former police officers in this House, will feel more about safeguarding and less about criminalising. That was confirmed by the feedback from the Dovetail projects that have taken place over the past year. One of the key points that came out was that real care was taken over communication with families if a member of the family was being referred to a Channel panel. My main concern about this change is that where we are working in local authority areas that are already struggling with all their duties, this additional one will represent a real challenge. I hope that my noble friend the Minister will consider whether additional resources are required to fulfil those new duties.

I turn now to the second criticism, which is whether Prevent identifies the right people. Like any preventive programme, the short answer is that we do not know exactly, but from looking at the data, it is encouraging that Prevent appears to identify people with a real vulnerability to different forms of grooming, of which violent extremism is one. It is much less compelling when we look at the young people referred to by the noble Baroness, Lady Manningham-Buller, who apparently could be resilient but could be quickly radicalised. However, we still need to find those vulnerable people. I read the data rather differently from the noble Lord, Lord Stunell. Of those identified by Prevent, two-thirds were identified as needing support, 14% went to a Channel panel, 50% got some safeguarding support and just over a third were not in receipt of any support. That proportion of a third is identical to all other safeguarding referrals. Moreover, in relation to the noble Lord’s point about who gets screened in and who is screened out, the people we want to see being screened in are those who are being screened in. You are almost twice as likely to go from a referral to a Channel panel if the referral comes from educational or children’s services than if it comes from the police, again pointing to more of a safeguarding focus. We lack clarity, however, on what interventions happen at a panel. More data here would be extremely helpful.

Finally, and importantly, critics of Prevent rightly point to the risk of stigmatising Muslims, stifling debate and creating more divisions in our society—points picked up on by my noble friend Lady Warsi. Although the data may point to an increase in referrals of right-wing extremists, who now account for about 25% of the total referrals, the perception in too many communities remains that Prevent is, to quote a Muslim community worker I spoke to, “a stick to beat Muslims with”. The workers who gave me their time varied in their views: some were staunchly supportive of Prevent, some equivocal and some fiercely opposed to it. The key lies as much in the legislation as in the quality of the implementation.

Everybody I spoke to came up with the same recommendations on how to address that quality, whether they were supportive or sceptical and whether they came from the voluntary or the statutory sector. First, they all stressed that Prevent will succeed only if it is built on a foundation of community cohesion and tolerance in our schools and in our communities more widely. Secondly, they stressed the need for high-quality training. Many people mentioned how tired the training is; one former head teacher described it as “tired, boring and patronising”. For my sins, I did some of the online training, thinking that I ought to eat my own cooking, and I can only agree. They also suggested that the training needs to cover not only how to deliver Prevent but how to engage with hard-to-reach groups, and should be delivered by people from the most affected communities. I would be more than happy to share some of the great examples I heard.

Thirdly, there was a universal call for greater transparency. A number of noble Lords mentioned the call for an independent review. I am concerned about the delay this might create. I am also concerned that the answer it will find is that in areas where Prevent is implemented well, it works pretty well, and in areas where it is implemented badly, it does not. Instead, we need to build quickly on the data published last year by the Home Office and put ourselves in a position where we can be more confident in the effectiveness of both identification and intervention. That needs to be reinforced by the national Prevent oversight board.

Finally, the word that was used most frequently in relation to Prevent, as mentioned by the right reverend Prelate the Bishop of Newcastle, was a call for “compassion” in its implementation. There is currently a stark gap in the Prevent and Channel guidance. Nowhere does it mention the need to acknowledge the stigma and fear that will inevitably accompany being identified as needing support in relation to extremist or terrorist activity; nor does it guide agencies on how to respond to those fears in an empathetic and kinder way.

The changes set out in Clause 19 give a solid opportunity to move both the reality and the perception of Prevent from one of securitising to one of safeguarding. If implemented with compassion, I hope it will have a wider impact and help to rebuild trust in our communities. I hope the Minister will consider the points made to me about training, data and improved guidance when the materials for Prevent and Channel are updated.

Counter-Terrorism and Border Security Bill

Baroness Barran Excerpts

Committee: 3rd sitting (Hansard): House of Lords
Monday 12th November 2018 Lords Chamber

[Baroness Hamwee]

My Lords, I support my noble friend. I do not know whether he used the words “confidence”, “trust” and “perceptions” but he certainly alluded to them when speaking about the operation of Prevent—that is something we will come to in the next group of amendments. He referred to the public good that comes of transparency. I understand that local authorities that are in receipt of freedom of information requests about the local operation of Prevent are advised by the Home Office to say that they cannot answer, on grounds that include national security, health and safety and—something I was particularly puzzled by—commercial interests.

When questions are asked about the delivery of Prevent projects, the generic answer is apparently that to disclose information could reveal commercial interests and negatively affect the commercial viability of the organisations that deliver the projects. I am sure that the Committee will be interested in how the Home Office suggests that requests for information of this sort should be answered. I do not expect the Minister to disclaim the way in which the Home Office has been advising, if it has been—or at any rate not without taking some advice. But the issue of commercial confidentiality throws a light on this that I had not expected to see.

[Baroness Barran (Con)]

I just want to clarify one point. I believe that the information about the difference in referrals to Prevent that end up at a Channel panel is in the Home Office information bulletin. So the answer to the noble Lord’s question about whether a police referral is more likely to get through than education or local authority referrals is that it is just over half as likely to get through if it is initially a police referral. Therefore, I think that your Lordships can take some comfort from this being, as the noble Lord, Lord Carlile, suggested, genuinely about safeguarding rather than a criminal justice intervention.

--- Later in debate ---

[Baroness Barran]

My Lords, I shall speak very briefly to this amendment. It is an understatement to say that noble Lords feel strongly about Prevent and the need for an independent review. I agree with noble Lords who have talked about a lack of trust in Prevent. My own experience has been of talking to some very successful Prevent projects which, when I suggested that I might refer to them in my speech at Second Reading, asked me not to refer to them in public. Those are ones I wished to cite as doing a fantastic job, so I think that an effort to address some of that mistrust is very well placed.

My reflection is that there is a lot of existing information which, as the noble Lord, Lord Stunell, suggests, might help to fill some of the gaps that noble Lords have talked about. Critical within that is the role of the new Independent Reviewer of Terrorism Legislation, but also, from the police perspective, there is what I used to call HMIC, Her Majesty’s Inspectorate of Constabulary, but now have to remember is called HMICFRS, Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services. The first annual review of the counterterrorism independent advisory group will be published in June next year. Through a more multiagency lens, which I think is really important in this area, there are the local strategic oversight boards and the scrutiny panels. I confess to the noble Lord, Lord Carlile, that I have not yet attended one—it is clearly in my plan—but I understand that the scrutiny panels are open to the public. There have also been some multiagency peer reviews as well as some more recent independent evaluations, such as that by the University of Huddersfield.

I want to hear the thoughts of my noble friend the Minister about the potential to aggregate and analyse this information. It feels to me like a missed opportunity to bring data transparency to the programme, but also for those who are implementing Prevent on the ground to share learning—and then, of course, potentially to share some much more publicly. I appreciate that this may not address the full range of concerns raised by noble Lords, but I think it could go some way towards a practical solution that can be delivered quite quickly ahead of a more formal independent review.

[Baroness Lawrence of Clarendon (Lab)]

My Lords, I speak as a member of the Joint Committee on Human Rights. Most of what I was going to say has already been said by the noble Baroness, Lady Hamwee, as we are both on the committee. I want to add to what has been said that the Joint Committee is concerned that the Prevent programme is being developed without first conducting an independent review of how it is currently operating. We are also concerned that any additional responsibility placed on the local authority must be accompanied by adequate training and resources, to ensure that the authorities are equipped to identify individuals who are vulnerable to being drawn into terrorism. We also reiterate our recommendation that the Prevent programme must be subject to an independent review.