Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Amendment and Guidance) Regulations 2015
Baroness Brinton Excerpts(9 years, 8 months ago)
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Lord Hope of Craighead (CB)
My Lords, I very much welcome these regulations and I am grateful to the Minister for his explanation. He may remember that when we were debating the Bill, which has now become the 2015 Act, I tabled a number of amendments to try to advance the Scottish position, which was difficult because no Scottish institutions were yet mentioned in the schedule. That meant that I felt a little inhibited in pressing the points that needed to be attended to.
I am particularly grateful to the Minister and those who have been advising him for the way the Scottish matters have been dealt with in Regulations 4 and 5. Regulation 4 deals with a technical point which I had thought about raising but it seemed a little too fussy at the time; namely, that a mandatory order, which was being provided for in the Bill and, subject to this amendment, is still in the Act, is not available as a means of enforcing a court’s orders in Scotland. As Regulation 4 correctly puts it, a proper mechanism is,
“by an order for specific implement”.
Had it been necessary to do so, I would have moved that amendment myself. I did not trouble to because I was quite sure that someone would pick it up if the need arose and I am very glad that that has been attended to.
It is pleasing to see how the definition of the duty to ensure freedom of speech has been expressed in Regulation 5, particularly as it mentions visiting speakers as well as,
“members, students and employees of the institution”.
The wording of that provision, which chimes very well with what I and others were attempting to achieve in the debates on the Bill, is very welcome.
Finally, the Scottish guidance is significantly lighter-handed than the English. In particular, the way higher education and further education institutions are dealt with is significantly lighter because a good deal more trust exists between the Government in Scotland and the institutions with which they are dealing. However, looking at paragraph 60 in the Scottish guidance, it occurred to me that further guidance was being anticipated to deal specifically with the problem of visiting speakers. The Minister mentioned that in his summary. I look forward to seeing what comes out of it, but I hope very much that those who are framing the guidance in Scotland will continue to deal with this with a light-touch mechanism. They are dealing with people of good will who know exactly what they are seeking to achieve and who do not need very much detail—just enough to point the way the universities should go in setting out their mechanisms. I am quite certain they will follow the guidance if it follows the kind of pattern we see in the guidance before us today.
For all these reasons, I am extremely grateful to the Minister and those supporting him for what has been achieved in these regulations.
Baroness Brinton (LD)
My Lords, I follow the comments just made by the noble and learned Lord, Lord Hope, by saying that one of the benefits of both new sets of guidance, for England and Wales and for Scotland, is that the tone is very different. That is enormously helpful. I am also very grateful for my noble friend’s comments about the final decision on external speakers being made by the next Government.
However, I would ask the Minister for absolute clarification on one point. I know that there have been discussions outside your Lordships’ House following the consultation on exactly what would happen if agreement were not reached on the thorny issue of external speakers. Could my noble friend give reassurance that the guidance to higher and further education would be withdrawn completely should such an agreement not be reached? Clearly, the reference within the guidance makes it absolutely clear that this is one of the Government’s major concerns.
I would be very grateful as well if our thanks could be passed back to the Minister’s civil servants for the hard work involved in accepting the many thorns in the flesh that your Lordships’ House has provided in the detailed discussions of this, especially given that the Commons did not have the chance to talk about the detail of the guidance when it considered the matter.
Baroness Lister of Burtersett (Lab)
My Lords, I welcome the opportunity to debate the guidance and welcome a number of the additions to the original draft, notably: the addition of the reference to the public sector equality duty in the Equality Act in paragraph 12; the cross-reference to “other relevant safeguarding guidance” in paragraph 40; and, in particular, the expectation in paragraph 111 that higher education institutions will,
“seek to engage and consult students on their plans for implementing the duty”.
The role of students—listening to what students have to say—is really important, so I welcome that. I am sure that the inclusion of a definition of “Having due regard” in the glossary will be helpful to all those non-lawyers in the higher education sector.
As during our discussion of the Bill, I will focus my remarks on higher education. Here, as the Minister has acknowledged, there is a glaring omission, with the reference to the issue at a later date of,
“guidance … on the management of external speakers and events”,
including, I am pleased to say, on how the Prevent duty will interact with,
“existing duties to secure freedom of speech and have regard to the importance of academic freedom”,
which, thanks to the deliberations in your Lordships’ House and to the Minister’s willingness to listen, were written into the legislation.
Although I understand the reason for the omission, having read about it in the press—I do not want to intrude into private debates on this—it is regrettable that the most contentious part of the draft guidance when it was discussed in your Lordships’ House is not available for your Lordships to debate today, as opposed to what may happen. I very much endorse the plea made by the noble Baroness, Lady Brinton, that, if agreement is not possible, the whole thing should be withdrawn. I also very much urge on the Minister, or any future Minister, that in the time between now and this being brought forward there should be proper engagement and consultation with the higher education sector to try to reach agreement on something that will be workable, unlike the original draft.
Concerns also remain about the position of student unions and societies. The guidance, I am glad to say, now acknowledges that student unions are already,
“subject to charity laws and regulations, including those that relating to preventing terrorism”.
But the NUS states:
“However, the continued emphasis on student unions’ compliance with their institutions’ policies remains worrying and indicates a misunderstanding of the autonomy of students’ unions which could lead to confusion and conflict between institutions and students’ unions”.
The NUS also commends the guidance for Scotland as achieving,
“a better balance in this respect”,
with a greater emphasis on co-operation with, rather than control by, higher education institutions. Can the Minister clarify the Government’s understanding of the implications of student unions’ autonomy in this area and explain why the Scottish guidance differs from that for England and Wales? I cannot see what the particular circumstances of Scotland are to explain this difference.
The other most contentious element in the original draft guidance was the very broad definition of extremism as,
“vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs”.
Perhaps even more worrying was the inclusion of “non-violent extremism”. The Joint Committee on Human Rights—again, I declare my interest as a member—emphasised its concerns about such vague terms in its legislative scrutiny report and warned:
“This legal uncertainty will have a seriously inhibiting effect on bona fide academic debate in universities, and on freedom of association”.
UCU, my former trade union, has expressed similar concerns around the revised guidance. So-called fundamental British values, it says, include values and concepts which are rightly the subject of debate and consideration in universities. It is not appropriate for universities to be required to exclude those who lawfully oppose them.
According to the summary of responses to the consultation, this issue attracted some comment, including concerns about that very vagueness. Yet the revised guidance does not appear to have attempted to address these concerns. Can the Minister explain why not? I do not want to make too much of it but can he also explain why the Scottish guidance does not make reference to “non-violent extremism” in the higher education section? If it is not necessary to repeat the earlier general reference there, why is it necessary to do so in the guidance for England and Wales?
Turning to training, the guidance requires a willingness to undertake training of what it calls “relevant staff”. It says:
“We would expect appropriate members of staff to have an understanding of the factors that make people support terrorist ideologies or engage in terrorist-related activity. Such staff should have sufficient training to be able to recognise vulnerability to being drawn into terrorism”.
The guidance also suggests:
“Changes in behaviour and outlook may be visible to staff”.
The Minister, James Brokenshire, when he gave oral evidence to the JCHR, said:
“There might be someone whom a lecturer has concerns about, not simply because of one particular lively debate, but because they are becoming withdrawn and reserved, and perhaps showing other personality traits”.
All this suggests that we are talking about staff who are in close contact with students—for example, lecturers or personal tutors—who will need to be trained as they are presumably the most likely to pick up on such vulnerability or changes on a day-to-day basis.
I was surprised that the impact assessment—if I have read it correctly; perhaps I have made a mistake—assumes that 15 people in every HE and FE institution will receive Prevent awareness training once every two years at a cost of £46,500. Who does the Minister envisage that these 15 or so people will be? What positions will they hold? Clearly, they cannot be at the chalk—or what is now the whiteboard—face of teaching. I am not arguing for mass surveillance of students by lecturers but there seems to be an inconsistency here that could leave teaching staff exposed if they are expected to play an active role in preventing students being drawn into terrorism without being given the training that the guidance itself acknowledges is necessary for people to be able to fulfil this role. Again, I would be grateful for clarification, as it may be that I have misread the impact assessment.
Finally, is the Minister now in a position to clarify HEFCE’s role, as that has not been spelled out in the guidance? Here, UCU repeats its concerns about HEFCE’s ability to regulate institutions with which it has no formal funding relationship. Has this now been resolved? What steps will be taken to prepare HEFCE for this new role?
For all the very welcome improvements that were made to the Bill during its passage through your Lordships’ House and the improvements that have been made to the guidance, the guidance still raises a number of very real worries. This is all the more so in the light of the recent newspaper report about Imperial College cancelling a booking for an international conference on Palestine at the last minute because of what speakers might say. If this is true—I have not been able to check the newspaper report—it suggests that the legislation is already having the very chilling effect that many Members of your Lordships’ House warned about when the legislation was going through. I am not convinced that the guidance as it stands is sufficiently robust to guard against such a chilling effect.
Counter-Terrorism and Security Bill
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Baroness Sharp of Guildford (LD)
My Lords, as another of those who argued in favour of the amendments on academic freedom that were put before the House, I thank the Minister very much for his co-operation. Like others, I am pleased with the overall result, even though some of us would have liked implementation of the Prevent duty to be postponed for some time for a review of it to take place. However, we are very grateful to him for what he has achieved.
One of the issues that I raised with the Minister was whether the duty under the 1986 and 1988 Acts, which extend to further education colleges, included sixth-form colleges. I have had confirmation from the Bill team that the provision indeed includes those colleges. That results in a slightly anomalous situation in which sixth-formers in schools are not included within the general duty to promote freedom of speech in the same way. It is possible that there will be some follow-through from the Association of School and College Leaders, for example, to obtain further clarification from him.
Baroness Brinton (LD)
My Lords, I, too, add my thanks to the Minister and the Bill team for the amendments. As I said at earlier stages of the Bill, as someone who has had to deal with different codes of practice and work out which takes predominance over the other, the critical thing that came fairly early on in your Lordships’ House was the clear importance of the responsibility to hold on to the duty of freedom of speech. It was during that debate that academic freedom came up and I am very grateful that these amendments have been laid. Contrary to the question that my noble friend asked about whether this changed anything, I think that for people working in the academic world it is an important clarification. I received a number of questions from people in the academic community wondering exactly where these academic freedoms stood. Therefore, I am very grateful to the Minister.
Counter-Terrorism and Security Bill
Baroness Brinton Excerpts(9 years, 9 months ago)
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Baroness Buscombe (Con)
My Lords, I support my noble friend the Minister as I suspect—I do not know—that he will not agree to the amendment.
First, I say to the noble Baroness who has just spoken that there is no mention of a particular community in the legislation. It is because, as we all know, it is predominantly people from the Muslim community who have been carrying out these appalling atrocities that those labels are being banded about. The Muslim community has to accept and understand why that is.
Furthermore, the other day I heard about something which I think amplifies why what the Government are seeking to achieve is incredibly difficult. I understand why they want to put this duty on a statutory basis. What I am going to say is almost more shocking to me than what happened in Paris. Somebody I know quite well was telling me the other day that his wife was shopping in a supermarket about three weeks ago in Manchester. She was scouring the shelves, as we do, when she stopped because she could not help overhearing a group of young British Asian Muslim girls talking about going to Syria.
This makes my heart jump when I talk about it and when I think about it. What does that say? It says that there are young people out there of different ages, and probably from different financial backgrounds, who have varying exposure to other faiths and so on and who, we are now hearing, find the idea of going to Syria quite cool. In other words, the importance of Prevent and of the need to try to deter these young people from thinking that somehow it is the right thing is absolutely paramount now. Therefore, we have to find every which way to send out a message, even though it may seem rather severe because it is on the face of the Bill. The threat that we face is severe.
Some of the people coming back from Syria now have carried out the most appalling atrocities. We do not want them talking to these girls, whether it is in supermarkets, in schools or in clubs—wherever it is—and encouraging them to think that it is cool. There has to be another point of view. There has to be a way that we encourage—we urge—all public authorities to do what they can to help these girls and many others like them who may be taken down the wrong path. I understand where my noble friend is coming from and the spirit of these amendments, but I do not think that we should shy away from sending a powerful message through this legislation that we have to do everything to support young people in preventing harm.
Baroness Brinton (LD)
My Lords, my name is attached to Amendments 13A and 13B. I want to comment on my noble friend Lady Buscombe’s contribution a minute ago. I am not sure that it helped the Minister. I think it explained why we need Amendments 13A and 13B, because the most important thing about implementing Prevent is to recognise that each of our communities differs and that each community, area and specified authority should have due regard to the impact in order to understand it and to pass that message back to central government to understand the change in the nature of terrorism and radicalisation.
That is why I believe that Amendment 13B is valid. It is an extra tool in the box to make sure that we are monitoring what is happening, at whatever level and in whatever specified authority, to the range of people it is going to affect—including, interestingly, pupils who are under sixth form and under student age. What is happening is not consistent across the country. There may be young girls in one area talking about going to Syria; there are young Muslim British girls in other areas who are appalled by that. As a society we need to understand the nuances of that. The briefing that we have had from the Muslim Council of Britain sets that out very clearly. The one thing that we must do is to make sure that we do not have alienation on a grand scale. We need to understand that what is happening is not the same in every single community.
Lord Scriven (LD)
My Lords, I, too, support my noble friend in Amendment 13A. I want to share my experience as a former leader of Sheffield City Council to say how difficult this is. We make a grave mistake by talking about the Muslim community as though it is a homogenous group of people. They are people with many different beliefs, different processes and different understandings of what is happening worldwide. When I was leader of Sheffield City Council, very strict central guidelines came in with Prevent. That ended up setting not just community against community but different people of the same community against each other, because we were not allowed to have leeway to make judgments or to put in place policies and practices that were relevant to our local context.
What became clear to me, and to many other council leaders across the country, was that unless we got it right from a bottom-up approach, by working with and for those different people in the community, we would alienate more people than we brought in. One of the key findings of the Audit Commission report on the last Prevent programme back in 2008 was that there should be more of a bottom-up than a top-down approach. I have no doubt that the Government’s intentions are well meaning. I have no doubt that there is a view that if you have a set of guidelines from somebody in Whitehall, it is applicable across the country. However, my personal experience tells me that it is best to be more bottom-up than top-down on these issues, otherwise we will not just set community against community but cause tension because of the people within those communities who have different opinions.
I ask the Minister to consider this amendment very seriously. Past experience of my own and the Audit Commission report of 2008 make it very clear: a top-down approach which does not take this into consideration as a major part of implementing Prevent will have unintended consequences and will mean that we have good intentions but bad implementation of something that we all support.
Lord Pannick (CB)
My Lords, I added my name to Amendment 14A, to which the noble Lord, Lord Macdonald of River Glaven, spoke. I very much welcome Amendment 15D, tabled by the Minister, which goes a very long way to addressing the concerns that were expressed around the House in Committee and have been expressed again here today. It puts on the face of the Bill that these new Prevent duties for universities are to be read and understood alongside their duties to protect freedom of speech—and, indeed, that particular regard must be given to free speech.
Some noble Lords have expressed concern today about a lack of clarity, but free speech is not absolute, even in universities. It has to be balanced against other considerations; the balance must depend on the particular circumstances, and the guidance will be of particular importance in this regard. All the more welcome, therefore, is the amendment that we will discuss in a later group that ensures that the guidance must be approved by a positive resolution of both Houses.
I most respectfully do not agree with my former tutor, the noble Baroness, Lady Deech, that Amendment 15D will make no difference to the law of the land. I would expect the courts to say, reading the new clause as part of the Bill, that the Part 5 duties must not unreasonably or unnecessarily restrict or impede the performance of the universities’ core function, which is and remains to promote academic inquiry.
I have two questions for the Minister concerning his Amendment 15D. The first arises out of the fact that the amendment tabled by the noble Lord, Lord Macdonald, and me refers both to freedom of expression and academic freedom. The Minister’s amendment does not mention academic freedom. Can the Minister confirm—I hope he can give a positive response to this—that it is unnecessary expressly to mention academic freedom in his amendment, because in the context of a university, academic freedom is implicit in the very notion of securing freedom of expression? That would be my understanding, but I would very much welcome his reassurance on that.
Secondly, there are limits to the scope of the Minister’s Amendment 15D, because it incorporates the duty of freedom of expression in relation to three aspects of Part 5 of the Bill. New subsection (2) applies freedom of expression to the duty of universities under Clause 25(1). New subsection (3) applies this freedom of expression duty to the role of the Secretary of the State in issuing guidance under Clause 28 and the role of the Secretary of State when considering whether to issue directions under Clause 29.
However, there are two important aspects of the Part 5 scheme to which this new clause on freedom of expression does not appear to apply. One is the duty of universities under Clause 28(2) to “have regard” to the guidance, and the other concerns the duties of monitoring authorities under Clause 30. The freedom of expression duty applies to neither of those important matters, and I am concerned about that. So this is my second question. Will the Minister tell us—he might be unable or unwilling to answer today, but I would very much welcome an answer before Third Reading on Monday—whether there is a reason why his new freedom of expression clause, which I welcome, does not apply to Clause 28(2), the duty of universities to have regard to the guidance, or Clause 30, the duty of monitoring authorities? Would he please look at the matter before Third Reading to consider whether it might be better to include those matters also within this new provision?
Baroness Brinton
I have attached my name to Amendment 14C, and rather than repeat the points made by my noble friend Lady Sharp of Guildford, I will say just that I endorse them. I will make a comment and then ask my noble friend the Minister a question on his Amendment 15D—which, as many other noble Lords have said this evening, takes us some way forward. I am grateful to the Minister and his civil servants for coming back with a proposal that means that we can actually discuss some of the boundaries—and therein lies my question. This relates to guidance: in particular, we discussed in Committee the revisions of the guidance to some of the very specific duties about checking presentations and making sure that people had been trained in specified authorities.
I have a more fundamental question about paragraph 50 in the current guidance, which I do not believe was proposed to be amended. It says that,
“universities must take seriously their responsibility to exclude those promoting extremist views that support or are conducive to terrorism”.
It is the phrase, “their responsibility to exclude”, that I want to focus on.
I am not sure that the qualifying statement,
“that support or are conducive to terrorism”,
is sufficiently clear as to provide reassurance. It is already illegal to directly or indirectly encourage others to commit terrorist acts, and universities are obliged to exclude those who do so. Beyond this, it is not clear which views should be understood to be conducive to terrorism. Non-violent extremism is not generally unlawful, and the Prevent strategy defines extremism as,
“vocal or active opposition to fundamental British values”.
These values and concepts include those that are rightly the subject of debate and consideration in universities. It is not appropriate for universities to be required to exclude those who lawfully oppose them.
In a letter to the Times on Monday, my right honourable friend the Secretary of State for Business, Innovation and Skills stated that the Bill,
“addresses terrorism and not extremism”,
which he described as, “a highly subjective concept”. I hope that the Minister will be able to confirm that the Secretary of State’s comments will be fully reflected in future versions of the guidance; and that universities will not be required to exclude from campuses those who, while acting within the law, advocate views that are classed as extreme.
Lord Phillips of Sudbury
My Lords, I will briefly remark on the labyrinthine complexity of the law in relation to education and universities as it is already. I have a terrible anxiety that this Bill—well intentioned as it may be—along with the guidance, will add a dimension of further complexity that will be counterproductive to a quite significant degree. It is going to make the task of the authorities in schools and universities—and I should declare an interest as a former chancellor of the University of Essex—burdensome to a remarkable degree. I support this group of amendments, but very much hope that the Minister, who has a gargantuan task in shepherding through this Bill, will tell us whether there is any prospect at all that this side of the finalisation of our deliberations, anything could be done to cast light and clarity on what I believe is a forest fit only for lawyers.
Finally, I echo what many others have said, most recently the noble Lord, Lord Deben: that it is so easy to contrive a situation in legislation that is counterproductive. I have a fear bordering on a certainty that the good intentions of the Bill will prove to be just that: because what I believe the Government have not taken nearly enough into account is that universities are engines of enlightenment, truth, fact and tolerance. However, what is being imposed upon them will have a chilling and bureaucratic effect, particularly—I repeat—via the guidance that, we must not forget, as the Joint Committee on Human Rights put it, will expose universities to being found,
“in breach of the new duty and therefore subject to direction by the Secretary of State and, ultimately, a mandatory court order backed by criminal sanctions for contempt of court”.
I fear that it will end up undermining the unique virtues of the university sector. Of course, that would be the ultimate farce because the Bill is designed to uphold the values of which universities are exemplars.
Baroness Kennedy of The Shaws
The reason why there was no hue and cry from the colleges and universities is that they just ignore it. It is a shame on Universities UK that it produced guidelines that are so ridiculous that people cast them to one side. I am afraid that this has led to a diminution of respect for the organisation, and that has been a problem across the board.
Baroness Brinton
Does my noble friend not agree that the difference between the UUK guidance and the Bill is that the Bill gives the Secretary of State powers to act against the university whereas at the moment the UUK guidance merely advises universities to think about something? I hope that the Minister will recognise that.
Lord Bates
I am grateful for both those interventions. However, I think they make my point: the fact that the guidance is there to put in place in universities for speakers but it is just brushed aside and ignored seems to give some veracity to the arguments put forward by the extremism task force, which reviewed our counterterrorism strategy and arrived at the conclusion that there is something to be said for having a more statutory footing.
Counter-Terrorism and Security Bill
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Baroness Lister of Burtersett (Lab)
My Lords, on behalf of the Joint Committee on Human Rights I would like to say how much I welcome the government amendment. It is nice to be able to welcome Government amendments unequivocally on this occasion. The Government have accepted just the one recommendation in our report, and we are very pleased that they have.
Baroness Brinton (LD)
My Lords, my name is on Amendment 14F and I also want to thank the Minister for his Amendment 14E. As I said in Committee, after going to war, curtailment of freedom is one of the most important things that a Government must consider doing. Given the seriousness of that, it seemed extraordinary that there was no scrutiny by Parliament, so I am grateful for that. On a slightly lighter note, and not strictly to do with this amendment, the fact that 33% of terrorists have been to university was repeated this evening. I wonder whether we need much more draconian measures for schools, given that 100% of terrorists will have attended school.
Lord Hannay of Chiswick (CB)
My Lords, this is a very welcome amendment that the Minister has moved, and I would like to thank him and his colleagues in the Government for having inserted these necessary provisions. The more you look at the Bill, as far as universities and colleges are concerned—I am not talking about passports and TPIMs and so on—the heart of it is the guidance and the threat hanging over universities of directives from the Secretary of State. That is what is really going to determine whether this is workable, and whether it is or is not counterproductive.
The fact is that the amendment of the noble Lord basically shoots our fox by saying that they are not going to tell us what they are going to do now, but they are going to come before both Houses with the guidance. This is welcome, even if it is perhaps not too ungracious to point out that I am aware that affirmative resolutions in both Houses will no doubt be whipped, and that we will have no possibility of amending them. Having said that, the debates we have had at Second Reading, in Committee and now on Report, will have shown Ministers that the guidance on which they consulted universities and others, ending last week, was really upsetting to everyone, and would have had appalling results both in practicality and in the chilling effect, and so on. I hope we shall never again be told that because UUK produced some guidance like that, it must be okay. It is not okay to make a statutory guidance that tells people that if they are going to go to a university—as I am to Oxford tomorrow—to address a seminar, they have to produce a script two weeks in advance. It just is not going to work. I hasten to say I have not got a script yet.
The point I am trying make, which I hope the Minister will take on board, is that I had rather hoped that he would give us a list of the things in the guidance on which they consulted which they already know they are going to drop. He did some of that in an earlier debate, and if he could bring himself to repeat some of those things it would be good to do so now. But the lesson to be learnt is that huge care must be taken with the guidance, because that will determine whether the Act provides the kind of strengthened Prevent which we would all like to see, or whether it will have what is known as blowback. That must be avoided. So I hope that the Minister will take away from this experience, painful though it may have been, the feeling that the guidance is the heart of it, and that an awful lot of care needs to be taken, because things were not very well done in the guidance which was consulted on.
As for our discussion a few minutes ago, I can see that the noble Lord is pretty desperate not to concede that there should be another formal consultation, and he has avoided doing that, but I honestly think that when Ministers have cleared their minds about what they want to put in the guidance, they will be extremely well advised to contact universities—not necessarily every one of them—to see whether they have got it about right in terms of both practicality and freedom of expression and academic freedom. If they do not do that, the risks of blowback are considerable.
I hope that the noble Lord will draw from this experience first, the feeling that we are grateful to him for tabling the amendment but, secondly, that it is still all to play for as to whether this works.
Counter-Terrorism and Security Bill
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Baroness Brinton (LD)
My Lords, I want to make a couple of brief comments on Amendment 103A. I echo my noble friend Lady Warsi’s comments about a review of the Prevent strategy, for all the reasons that others have spoken about. We also need to look at where different approaches have been taken. I think I spoke at Second Reading about Watford, but what I did not say is that Watford took only the community money; it did not take the surveillance money. Actually, Watford was the one place in which, on the Sunday after the Paris shootings, the traditional march in honour of the birth of the Prophet became a march in honour of those who had died. Members of the community other than those of the Muslim faith joined in that march. That is where community work through Prevent is at its best. My worry is that we have not seen a proper survey of Prevent, although it has been in operation for the best part of a decade.
I return briefly to Amendment 103A. My noble friend Lady Sharp said that the reasoning behind this probing amendment might seem slightly contradictory, but it seeks to get to some word definitions. There is a further problem around definition: the Bill itself talks mainly about “terrorism” while the statutory guidance talks about “extremism”, but the balance between the duty on extremism versus terrorism is quite distinct. I certainly cannot marry up the clauses in the Bill with some of what is set out in the guidance. I would be grateful if my noble friend could help with this as well.
Lord Scriven (LD)
My Lords, I apologise to the Committee for not having taken part in the Second Reading of the Bill, but I was out of the country. I wish to speak to this amendment because I was the leader of Sheffield City Council at the time when the Prevent strategy came in. I think that we may be going down the road of repeating past mistakes. When Prevent was brought in, it was not statutory but it was driven by a lot of central guidelines. It became clear to me and many council leaders that these central guidelines were not appropriate to our communities. The community of Sheffield is very different to the community of Bradford just down the road. The complexity of dealing with something like radicalisation requires a deep and thorough understanding of the community and context within which people work. Statutory guidance will mean that flexibility will go and straitjackets will come in because someone at a top-down level will decide that they know, from Whitehall, what is best for every community in this country
The noble Baroness, Lady Warsi, made a very strong point. Until we know what actually works, how can anyone write evidence-based statutory guidance? Work has been done on this internationally. Rik Coolsaet, an expert at the University of Ghent, who used to be the adviser to the European Commission on Radicalisation, said very clearly that we do not yet know internationally what does or does not work on a deradicalisation strategy. Exactly what is going to be evidence-based in the statutory guidance? I asked a Written Question, which was responded to on 26 January:
“how many public bodies as defined in the Counter-Terrorism and Security Bill do not meet the provisions of the Prevent duty guidance consultation document, according to each category of public body”,
but the Minister was not able to answer. The Government do not know. This is a really important point: if we do not know exactly what is happening out there already, if we do not have an evidence base for what works, how can we say to public bodies, which understand the context of their locality far better than anybody else, “You have to do this to prevent people from radicalisation or extremism”?
Furthermore, it is important to understand that where the best international examples exist—noble Lords have already given two examples, particularly that of Hayat—it is not on a statutory basis nor via a statutory body but it is a community, bottom-up approach that is dealing with this, in not just a sensitive but an effective way. While I do not for one minute doubt the genuine and important reasons why the Government have started on this road, I believe that it will have unintended consequences that will not help the problem but could mean that statutory bodies at local level will have to deal with a greater and more difficult problem. I therefore ask the Minister: what evidence base will go into the statutory guidance which will help, and can he guarantee that it will be contextualised for the different and varied communities around this country?
Baroness Brinton
I would like to add to that last point and ask the Minister for an evidence base post-2009, because much has happened in the university and college sector since that date. It would be helpful to know this, given that his letter to those of us interested in this issue referred only to incidents before 2009.
Baroness Smith of Basildon (Lab)
My Lords, I will speak briefly to these amendments, because the main debate on guidance will take place under the fourth group, where we have nine amendments relating to guidance and direction on Prevent. I noted the comment of the noble Baroness, Lady Sharp, that she did not intend it to be a perfect amendment. What she highlights—and what has come out of this debate—is the lack of clarity. I think that will come out through a number of debates today on the groups looking at the specified duties that the Government have placed on Prevent. There is a lack of clarity in how it works in practice and what the full implications are; that is where some of the confusion will lie. I think the Minister will respond to some comments now, but I think similar issues will be raised when we have the debate on guidance in the fourth group. I know it is difficult to arrange groupings, but I was sorry in many ways that the noble Baroness, Lady Hamwee, degrouped her amendment from that main one. I can understand that, because of the specifics of what is in effect a sunrise clause, although we have not perhaps discussed the reason for that in quite the same way.
I will make a brief comment on Prevent rather than speak in detail, because I want to speak about it in the later group, as I said. Criticisms have been raised of Prevent, but we need to be positive, see what works and ensure that we can make it better in the future. As the noble Baroness, Lady Uddin, said, in the point that I did agree with her on, it was a Labour Government who set up Prevent and we are committed to it. However, we are committed to making it successful and effective; there is no point in something that causes alienation in communities when the whole purpose of it is to have engagement with communities and cohesion across communities. I look forward to what the Minister has to say on these specific amendments. I am sure that our debate today, on a range of issues, will tease out a lot of the detail that is missing from the legislation and the Government’s explanations so far.
Baroness Brinton
If universities are already implementing much of what the Government rightly think needs to happen and even if some of us are not stepping fully up to the plate, where does that place the absolute need that the Government identify for a duty on universities, which is much harder on every single institution and every member of staff, not just in universities but in colleges and schools? Would it not be better to arrange for it to be one of the things that HEFCE or OFFA looked at as part of a universities contribution each year?
Lord Bates
The point that the noble Baroness makes about HEFCE is a very good one. Depending on the outcome of the consultation, it may well be the body which reviews this matter. It is important at this point that we get the terminology correct. It is a duty to have regard to the guidance available. That is quite distinct from being as prescriptive as some people have suggested we are being.
The noble Baroness, Lady Uddin, to whose work on the Prevent programme I pay tribute, and my noble friend Lady Hussein-Ece talked about the lack of work with local communities to target radicalisation. Challenging and tackling extremism is a shared effort. The Government have a role in leading this and ensuring that communities where extremists operate and organisations working against extremists have the capability to confront it themselves. Through Prevent, we are supporting community-based projects in 30 local authority priority areas where we fund a dedicated Prevent co-ordinator, alongside work with communities and partners in a further 14 supported areas where we support projects only. More than 180 projects have been approved since 2011, reaching more than 55,000 people. This year, we are supporting more than 80 projects. That is an example of what we are doing at the moment.
A number of noble Lords have referred to nurseries, which I acknowledge is an issue. My noble friend Lady Hussein-Ece and others were concerned about the message being sent. I understand that the Government have a job to do in getting the message across in a balanced way. Nurseries, schools, universities, FE colleges and prisons all have guidance in place to safeguard those in their care—that is a given. Such protection might be from child sexual exploitation; for example, in a nursery, something may give rise to a belief that some abuse is happening. Most people will have in place some system of guidance and say, “What do we actually do with that bit of information when it comes to our attention. Who do we pass it on to and how do we act upon it?”.
Lord Macdonald of River Glaven
If that is the case, no doubt my noble friend the Minister will make that clear.
The greater point is that universities are not places of surveillance in the sense intended in this Bill, and they cannot become so without fracturing what is best about them. As far as I can tell, no concern at all appears to be expressed in the legislation or in the guidance that what is being proposed is a form of institutionalised censorship with academics at its heart.
If the guidance means what it says, and we must assume that it does, it calls into question a situation in which people in British universities would not be allowed to argue, with Plato perhaps, that democracy is flawed. It is not a crime to argue that democracy is flawed. No one in a British university could deliver a lecture that evinced a lack of respect for someone else’s religion. It is not, thank goodness, a crime in this country to demonstrate a lack of respect for someone else’s religion. Perhaps no one in a British university would be allowed to decry individual liberty in favour of, say, collective empowerment—a notion with a long intellectual pedigree. Again, it is not a crime to express that view in the United Kingdom. Obviously, the point is not whether noble Lords agree or disagree with any of these propositions, or whether any noble Lord would wish to advance any of them—for my part, I would not particularly. The question is rather whether we have really reached a state of affairs in this country in which it is now necessary for a senior politician, even a politician as senior as the Home Secretary, to be granted the power to influence, by power of direction if necessary, what can and what cannot be said in a university in the absence of any crime being committed. That is the point. This legislation seeks to control not only violent extremism but also speech in universities even where that speech is not otherwise a crime. This is its central failing and it is the reason I have put my name to the amendments tabled by the noble Lord, Lord Pannick.
The role of surveillance and control is one that is entirely inimical to the purpose of a university as we have understood it, which is to analyse, to explain and to discover. In that sense, open debate is the lifeblood of an institution of higher learning. Of course, as noble Lords have recognised, universities do not have immunity in the face of the criminal law—and they should not be immune to it. Indeed, like everyone else and every other body, they have existing obligations under anti-terrorism legislation, including the obligation to disclose to the authorities information they have about terrorism activities. But no one is suggesting that they are failing to discharge those obligations, and this Bill neither defines nor seeks to address any such failing. That is because there is none.
Let me conclude by pointing out one striking omission from the proposed guidance that is to accompany the Bill. Nowhere within it is there any attempt to explain how its terms are consistent with the entirely appropriate and laudable legal obligation placed upon universities to secure freedom of speech. There is no attempt to square that circle. This may be because no one in the Home Office considered the Education Act properly before deciding to legislate for our universities in this way, or it may be because it is simply obvious that the freedom of speech duty mandated in the Education Act is in conflict with the Bill, so any attempt to argue that they can coexist is doomed to failure.
These proposals may spring from the best of intentions. They doubtless spring from a desire to do something, perhaps anything, about the real problems we face around radicalisation. However, in practice they will inevitably undermine the place of freedom of speech in our universities. They are wrong in principle and they are unworkable in practice.
Baroness Brinton
My Lords, I have added my name to Amendments 112A, 112B and 112D. I shall start by speaking to those amendments and then to the others in the group. It is a matter of serendipity that I follow my noble friend Lord Macdonald because Amendments 112A, 112B and 112D try to address the exact points that he has raised and insist that the two duties must be examined together in order to balance the right to freedom of speech. I defy officers of universities and colleges to achieve that and I think that it would be a tall task for civil servants. One of the reasons I have been keen to table these amendments is that, as a senior university administrator, I have sat with two codes of practice and two different sets of statutory guidance which are completely in conflict with one another. We have to make it clear to those who will try to deliver the legislation on the front line exactly how it would happen. That is why the first part of the amendment talks about the recognition of the duty on free speech and the second part makes it clear that any guidance must be produced in the form of a single document so that staff do not have to trawl through parallel sets of guidance and codes of practice to try to find out which trumps the other.
I hope that the amendment is straightforward and simple, but it is included in a group which seeks to tackle the absolute, fundamental problems around the duty and how it conflicts with the duty on freedom of speech. I want to make two points. The first goes back to the Education (No. 2) Act 1986, which many noble Lords have quoted. Clause 43(4) states,
“(including where appropriate the initiation of disciplinary measures) to secure”,
those rights, but that is a two-way right, and universities have certainly used it where there might be either radicalisation or something close to the infringement of personal liberties or, worse than that, the possible incitement of a crime. On 20 September 2013, the Guardian reported that a number of our universities and students unions across the UK had banned the song “Blurred Lines”, a song that is degrading to women and which encourages rape. That demonstrates that the current boundaries for freedom of speech are well understood in our universities and are applied by them and by the student bodies. I come back to this. I do not understand why we need a duty when it is absolutely evident that this is already working in practice. I repeat my request for specific recent examples of where this has not succeeded and has not been followed through.
The other point I want to make on academic freedom moves away from the purist freedom-of-speech argument. Much of our debate has been about societies, students and academies talking outside the normal framework. Recently I was talking to a postgraduate student who is working on Middle East peace studies. He and his colleagues have just completed a module in a Masters course on suicide bombers. How free will they be to access information on that issue and thus actually help this country and the wider world to understand what motivates these people to become so radicalised that they are prepared to give up their lives? Would accessing videos online to try and understand the linguistic and pedagogic emotions behind those decisions be caught as radicalisation, would it require a special exemption in order to have that debate, or would it just be banned completely? We need to understand how the pure academic freedom to research would be affected by this duty.
Lord Bates
I accept that my noble friend had lead responsibility for that, and she has far more experience in this area in formulating and delivering policy than I have. However, I am simply responding to the question which addressed where this code of practice is going as regards higher education institutions. I was simply making the point that in a sense it relates to the organisation and preparedness of institutions to deal with the safeguarding of organisations, the security of students, and just being aware. I was asked by the noble Baroness, Lady Brinton, to give some examples of the relationship the inspectors who currently engage on the Prevent programme—the regional co-ordinators —have with higher education institutions. They are often contacted and asked about particular speakers. Most institutions found it very helpful to have someone they could go to and ask for guidance on whether special procedures needed to be put in place for a particular person.
Baroness Brinton
I was trying to make the point that it would be helpful to have an example of where the existing codes of practice guidance are failing, which requires the draft legislation we are looking at today.
Baroness Hamwee
My Lords, Amendment 112BA is grouped with a number of other amendments, most of which relate to Clause 24. The amendments in this group in my name and those of my noble friends have been tabled to enable me once again to raise issues about equalities and concerns about discrimination.
It has been put to me that Prevent is regarded as a security prism through which all Muslims are seen and that Muslims are suspect until proved otherwise. The term “siege mentality” has also been used. We have discussed the dangers of alienation arising from the very activities that should be part of the solution, not part of the problem, and of alienation feeding violence. I have said to the Muslim organisations that have contacted me, and I think I have said in the Chamber, that because the current context for this legislation is the war in Syria and since most Britons, not all, who are drawn into fighting there are Muslims—I am not saying that they come from the same ethnic background; that is, of course, quite different—it is inevitable that Muslims will make up the great majority of those who are the subject of, or some might say subjected to, the provisions of this Bill.
We have laws about equalities and they apply to this legislation as to every other piece of legislation. I doubt that much can be done in legislation to address the concerns I have just summarised but what can be done should be done: in legislation, in practice and in providing safeguards against discrimination. Transparency is a very important tool and it occurred to me today that, the more transparency there is about how these provisions are operated, the more ammunition—if that is not an indelicate word in the context—the Government can give themselves to counter those concerns.
I have mentioned the current context. The counter- terrorism strategy and policy of course are also directed to dealing with other extremism manifested in violence—for instance, right-wing extremism. I am told that freedom of information requests for basic statistics about Prevent are routinely denied on the basis of national security. It seems to me that we should be looking for ways of providing information that do not endanger security. For instance, I wondered how many individuals are in a programme because of anti-Semitic violence. Over the last day or two, I have been pondering what it would look like if one substituted “Jewish” for “Muslim” in the briefings and descriptions we have had. The issue is not just how I would see it as a Jew—not a very observant Jew but one who is aware of her background and heritage—but also whether other people, who might be resistant to some of the points I have been making, would see things differently if it were a different group interposed in that way. I think that if this were aimed at the Jewish community or communities, I might feel targeted rather than protected. I say all that by way of some introduction and can go through the specific amendments fairly quickly.
I said earlier this evening that I think—although I am going to have to read the debate to check—that the Minister in his answer on the first group implied more support, at least for the thoughts that lie behind these amendments, than I suspect he is going to articulate now and he also implied more consultation than the clause spells out. The clause deals with revised guidance as well as the first issue of guidance. If one accepts the Minister’s point about how well the Government have conducted the process so far for the purpose of the argument, nevertheless the issues I am raising will be important for the revision of guidance as well.
The first of my amendments, Amendment 112BA, states:
“Guidance … shall in particular deal with equalities issues”.
I think that that speaks for itself.
Amendment 112BB would insert that there must be consultation with,
“the specified authorities subject to the guidance”,
as well as with, as stated in the Bill, the Welsh and Scottish Governments. The clause then goes on to include the very wide catch-all—although it could be a very narrow “catch-few”—of,
“any person whom the Secretary of State considers appropriate”.
It must be right for those who are going to be the subject of this guidance to be consulted.
I then take that a stage further with Amendment 112BC by providing that, before responding to that consultation, a specified authority should,
“consult its local or other relevant communities”.
It comes pretty naturally to most local authorities to consult their own communities when they are proposing to do something, although not always. However, I do not just mean residents as a kind of amorphous bunch. There are communities within communities. We are all members of more than one community, and the specified authorities can identify their communities as they see fit under what I am proposing.
The next of my amendments, Amendment 112CB, relates to Clause 24(7), under which the Secretary of State can make minor revisions to the guidance without going to Welsh and Scottish Governments if the,
“Secretary of State considers that the proposed revisions … are insubstantial”.
I would like to see that as an objective test so that it could be challenged—in other words, I would like to change this subsection so that the consultation provisions have effect unless they are insubstantial.
Amendment 112DA is an amendment to Clause 25. It must be the case that authorities have the opportunity to make representations before directions under this clause are given—this being the clause which takes us to the sanction for failing to comply with the duty. I would hope that that would be automatic. It is perhaps a matter of general law but, again, I think that it should be spelled out.
Amendment 112F also relates to the directions clause provisions. It would insert that the Secretary of State should report to Parliament on any direction given. Giving a direction in this way is a pretty substantial action, and I think that it should be reported to Parliament with the reasons for it.
I hope that I have covered everything that is in my name. My noble friend tells me that I have, so I beg to move Amendment 112BA. As I do so, I realise that each of the amendments is on what might be thought to be a small point but, in my view, they amount to trying to find a way of addressing concerns which are clearly very real in the minds of those who have been looking at this legislation.
Baroness Brinton
My Lords, I should like to speak to Amendments 112C and 112E, which are in my name. I start by apologising to the Minister. I am sorry that I could not manage to get to his meeting last week. I know that my noble friend Lady Hamwee expressed my concerns and I am grateful for the Minister’s letter on some issues which has been referred to considerably since we started today’s session.
These two amendments are important and my noble friend Lady Hamwee ended on that point. After going to war, the right to curtail freedoms is one of the most important decisions that a Government have to take. The one thing that is missing at the moment on some of the key directions, particularly on guidance and on where the Secretary of State gives a direction to an authority, is any sense of accountability and transparency.
I shall take the amendments in order. Amendment 112C says that if guidance is issued,
“the Secretary of State must lay before Parliament … the proposed guidance or proposed revisions”,
and it should be done by an affirmative instrument of both Houses. As I have said on earlier amendments, guidance also needs to be combined into one document with any other parallel guidance that will ease matters for those having to use it. The duty in the Education Act 1986 is absolutely clear and I believe that the guidance has been brought forward in haste. The Commons has not managed to see the draft guidance and the consultation does not end until tomorrow. I am grateful to my noble friend for some of the changes that he has made but I see nothing in his letter that relates to this issue of transparency and accountability to Parliament. It is important on such a sensitive issue that goes to the heart of the freedom of people in this country that Parliament at the very least should have the right to examine any changes that the Secretary of State wishes to lay.
Amendment 112E asks for the same scrutiny for the Secretary of State should she or he direct under the terms of this provision. It is important that we as Parliament understand how and why an appropriate authority has failed, partly so that we can amass the evidence that my noble friend talked about earlier, but also because we as Parliament need to know exactly what is happening. Amendment 112E also provides that:
“A copy of any such report must be sent to—
(a) the Chair of the Joint Committee on Human Rights;
(b) the Independent Reviewer of Terrorism Legislation; and
(c) any other person whom the Secretary of State deems appropriate”.
It is also important that the relevant sector sees what is going on so as to understand the issues, a point made by the noble Baroness, Lady Hamwee. The three bodies mentioned also deal with some of the wider issues around terrorism, freedom and liberties. It would be inappropriate for them not to comment before such matters were discussed in Parliament.
Baroness Hamwee
I will try to move this amendment in under one minute, and not only because the Chief Whip is here. The amendments in this group more or less replicate, word for word, amendments made in respect of the Prevent programme. This part of the Bill is about the Channel programme. The Minister has been stressing the importance of guidance—which makes me think that my amendments are important. I simply invite him at this point to make any further or different comments or responses to those which he gave when I moved and spoke to similar amendments earlier this evening. I was just under a minute, I think. I beg to move.
Baroness Brinton
The noble Baroness has set a racing example, and I, too, will try to be extremely brief. My name is on Amendment 115B, which repeats the request found in two earlier clauses in the Bill through my amendments that when the Secretary of State issues or revises guidance she should make sure that Parliament has sight of an affirmative instrument in both Houses. I repeat, for the third time, I think, today, that where guidance is in parallel with other guidance, it should be issued as a single document.
The principal reason for this amendment is exactly the same as that for the other amendments: the Secretary of State has taken to herself and her successors a right to take decisions on guidance on sensitive issues. It is extremely difficult to assess which people are vulnerable to being drawn into terrorism. I am sure Parliament would want to have sight of this guidance and be able to review in future. As with my other comments, I hope that the Minister will be able to provide some reassurance that Parliament will be able to assess the guidance before it is given.
Lord Ashton of Hyde
My Lords, we have had a very brief debate on this part of the Bill. I am grateful to my noble friends for tabling this amendment. I fear that I may not be able to satisfy them. Amendment 115B seeks to make the guidance under the duty in Chapter 2 subject to approval under the affirmative procedure. Noble Lords should be aware that Channel is already an established programme across England and Wales and those who participate in the programme follow existing non-statutory guidance. The Channel programme has been in place since April 2012.
The current guidance for local authorities’ panels is being amended, in consultation with those involved in the programme, and will be reissued on a statutory basis. Guidance of this sort is not routinely made subject to parliamentary scrutiny, and the Delegated Powers and Regulatory Reform Committee has not recommended that it should be in this instance.
Amendment 115AF seeks to ensure that local authorities are consulted on any guidance issued for panels. Amendment 115E aims to ensure that partners of panels, or their representatives, are consulted before any guidance is issued. I can assure noble Lords that local authority panel chairs, panel members and police practitioners are being consulted about the revised guidance. Panel members invited to a meeting are likely to be those panel partners who have shared relevant information in relation to a referred individual and therefore will also be consulted at a local level. The consultation process will ensure that the views of all relevant stakeholders are taken account of and that the guidance is meaningful for those to whom it is issued. Their experience and expertise is invaluable in achieving this.
I hope that reassures my noble friend and that she will withdraw her amendment.
Lord Renfrew of Kaimsthorn
My Lords, I certainly support the intention behind the amendment. My noble friend the Minister may well say in his reply that some of these issues are already covered by the Dealing in Cultural Objects (Offences) Act 2003. It is certainly the case that it is illegal to sell in this country cultural objects that were illegally exported from their country of origin after 2003. However, there are many new dimensions and my noble friend is right to draw attention to them. The scale on which terrorism is being funded through the sale of such artefacts gives cause for concern. I am not sure that many artefacts of this kind are being sold in this country now, but many will be in transit. As they may well be sold in the future they could still command a good price in the market.
I draw attention to one point. Proposed new subsection (2)(c) would require the examination of,
“the possibility of placing a strict liability on United Kingdom auction houses in respect of the provenance of any cultural artefacts they sell”.
This is not the occasion for a long debate on these matters. Some of them were raised in amendments during the passage of the Coroners and Justice Act 2009, although they were not carried. They placed an onus on auction houses in particular to be more transparent about vendors because auction houses are not obliged to declare for whom they sell such objects and somebody selling privately on the open market is not obliged to declare from where the objects came. There is a real problem. Indeed, there have been cases recently where auction houses have offered for sale objects which, it turned out, did not have a respectable provenance and had emerged on the market by shady means. It is therefore time to place an onus on the auction houses to check the provenance of the artefacts and to be assured that they left their country of origin legally after 2003, which would comply with the Dealing in Cultural Objects (Offences) Act. However, there is at present no onus on auction houses to be clear about the source of their objects. That is a glaring loophole, and that is why I support the amendment.
Baroness Brinton
I will speak to Amendment 118B but will not repeat the points made by my noble friends Lady Berridge and Lord Renfrew of Kaimsthorn. I want to remind the House of the scale of this problem and that it is a key funding area for Islamic State. A flash stick recovered after a courier was killed last year revealed that $36 million of goods had been taken from one town alone in Iraq. If you scale that up, and understand that each item can be sold for between $20,000 and $50,000, one begins to understand where IS’s money to resupply itself with weapons comes from. In addition to the provenance arguments and making sure that auction houses deal with appropriate items, there is a real issue of funding terrorism that needs to be addressed as well.
Lord Ashton of Hyde
My Lords, I am grateful to my noble friend for tabling this interesting amendment and for giving due warning at Second Reading that it might be coming. It allows us the opportunity to give due consideration to the looting and sale of cultural artefacts. Of course I agree with all noble Lords who have spoken that this is a relevant issue in the context of the terrorist threat, given that such sales are often used as a source of finance for ISIL and others, as noble Lords have said. I hope that I may be able to give some reassurance.
I should stress that this is a global issue, on which all states need to respond together. That is why the United Nations Security Council adopted Resolution 2195 in December 2014. This calls on all states to prevent and suppress the financing of terrorism. In particular, the resolution highlights the fact that terrorists can benefit from a plethora of activities, including through the sale of artefacts. It also recognises that defeating terrorist fundraising requires a global effort.
My noble friend’s suggestion of a further examination of this issue is timely. The UN resolution already requires the Secretary-General to submit a report to the Security Council outlining efforts to address the threat of terrorists benefiting from a range of transnational organised crime, including the sale of artefacts. Notably, the report will contain recommendations to strengthen member states’ capability in relation to this issue. Rather than commission a separate report at this time, the UK will carefully consider the findings of the UN report and take appropriate action as necessary.
In addition to this, the United Nations Office on Drugs and Crime established an intergovernmental expert group on protection against trafficking in cultural property. In January 2014 that group finalised guidelines for crime prevention and criminal justice responses with respect to trafficking in cultural property and other related offences. Again, the United Kingdom has actively been involved in this work.
Amendment 118B proposes that a panel be appointed to explore looting and sale of antiquities for the purposes of financing terrorism and report on that subject. I hope that I have given my noble friends some reassurance on why such a requirement is unnecessary, given the UN work in this area and in light of our wider work on the issue.
As I have said, all states, including the UK, are required to stop terrorist financing, including through the sale of artefacts. The UN Security Council resolution makes it clear that there will be a report on efforts to counter the financing of terrorism-related crimes, including the sale of artefacts, which will include recommendations on how member states can strengthen their capabilities. I must stress that the UK takes the funding of terrorist organisations through any means, including through the sale of artefacts in the UK, very seriously. Instances of terrorist financing in the UK will be investigated by the police.
The UK already assesses how we can reduce all instances of terrorist financing and countering terrorist financing features in the Government’s counterterrorism strategy, Contest. The Government continually assess how best to disrupt the financing of the activities of terrorists, whether through the sale of antiquities or by other means.
Auction houses are required by law to report any suspicions of terrorist financing relating to high-value goods to the National Crime Agency. I can confirm to my noble friend Lord Renfrew that there is no suggestion that any UK companies or auction houses have been involved in terrorist financing through the sale of artefacts. Additionally, Part III of the Terrorism Act 2000 already makes it illegal to make funds available to terrorists or to enter into an arrangement that will result in funds being made available. Where there are suspicions of terrorist financing, it also creates various reporting obligations for the regulated sector, including auction houses, which are subject to criminal sanction in the event of non-compliance. Therefore, we do not see the need to impose an additional strict liability on auction houses, given that they are already obliged to raise terrorist financing suspicions with the authorities. I hope I have reassured your Lordships that the UK already has a very robust response to this important issue and plays an active role in what needs to be an international approach. I welcome the opportunity to put our work on this issue on the record and I am grateful to my noble friends for providing the chance to do so. In the light of the extensive work that already goes on in this area, I hope that my noble friend will feel able to withdraw her amendment.
Counter-Terrorism and Security Bill
Baroness Brinton Excerpts(9 years, 10 months ago)
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Baroness Brinton (LD)
My Lords, it is inevitable in a debate that has taken more than seven hours already, and will continue for some time to come, that the focus of much of what we have said has been on the current Islamicist terrorists. However, one of the most important tests for this Bill is ensuring that it covers other terrorists as well; we should not forget those. Noble Lords have mentioned the IRA in the past but 10 years ago there were terrorists in the animal rights movement who were leaving pipe bombs—certainly in Hertfordshire, where I lived. In Europe there is a threat from far-right racists who, as we know, can also perpetrate acts of terrorism.
The 2.5 million Muslims who live in this country are currently finding it very difficult to be heard, so I want to start by giving one example from my home town of Watford. On Sunday, Watford’s Muslim community came together to turn their procession—which should have been in honour of the Prophet’s birth—into a solidarity march for the people of Paris. They were joined by ordinary people in Watford who would not normally have done that. It was recorded and commented on much in the local media. Sadly, there has not been much comment in the press, but that sort of activity shows that Prevent is working in this country. The attitude of many in our community, particularly those who were criticised in the Muslim community 10 years ago for not having the dialogue about extremism, is at last beginning to change. Of course, there is much more to do.
Much of the Bill is important and it will be vital if we are to follow through on everything that the independent reviewer, David Anderson QC, has set out as being necessary. Liberal Democrats are very supportive of those measures which will combat terrorists and help the police and the security services in all they need to do to monitor people, arrest them and deal with them in a judicious way. As other noble Lords have mentioned, there is a difficult balance between human rights and having the tools to catch those committing the most heinous of crimes. Even moving towards that has to be balanced, and that is what this legislation is about. Many noble Lords have spoken about that today and I will not add much more, except to say that there is a key role for Parliament and the judiciary to have oversight. We must ensure that it is not left to the Home Secretary or the department to make judgments. We must always check to make sure that the balance between human rights and security is there.
What will otherwise happen is that all those we seek to catch will move to the dark web. There was discussion earlier about IP addresses. I have been in this Chamber when we discussed the young and how they work their way around pornographic filters far too easily. They are way ahead of us, their parental generation. The same is true, I am afraid, of those who will subvert any route we set up. If we think that we have resolved the issue by being able to identify IP addresses, they will immediately find another way around it. In fact in Russia, I understand, Putin is talking about moving back to typewriters to avoid anything being written in a form that can be traced via the internet.
I worked in the university sector for over 20 years, not as an academic but as an administrator. I was the bursar of a Cambridge college for 10 years and then ran a unit that looked at universities working together with communities and employer engagement. I have read the Bill with an eye to how practical the implementation of the duty will be. I am concerned that those in the Home Office who have drawn it up do not understand the way in which our universities are structured. The duty on curbing free speech that is being asked for to protect us from terror will require primary legislation to change universities’ current duty to ensure that there is free speech. That debate will take some time because, fundamentally, it lies at the heart of what we believe our universities are there for. It is not an add-on to be sorted out in regulations, as has been suggested by the briefing notes for the Bill.
As a bursar, I would be horrified to have to sit and debate whether a student society—over which my college and the university would have no control because it was an autonomous body—was making the right decision to allow somebody there, let alone to demand in my role to see the presentation of a speaker and try to understand whether it just went over the boundaries of extremism. How do individuals in institutions decide what is or is not extremism? This is madness. It is the sort of thing that is done in haste. I notice that this part was not debated when the Bill went through the Commons but has been introduced only recently. It is utterly impractical and I hope that before we move to Committee next week, serious consideration will be given to whether this duty will work for universities. Certainly, there is no time to look at changing the primary legislation required for universities to make this possible. I liked my noble friend Lord Phillips’s phrase about “a lumbering part of the Bill”, but it is more than lumbering. It will kill this part of the Bill if it goes through.
I support my noble friend Lady Berridge, who referred to the funding of terrorism at the moment through looted works of art and religious icons. The Walk of Truth charity that she spoke of is a 21st-century equivalent of “The Monuments Men”, a splendid film which recognised the work done by service men and women at the end of the Second World War to restore looted arts. There is nothing to restore in the current system because works of art are being sold through traders, some of it coming to this country. I hope that, in Committee, it will be possible to at least put down a probing amendment and perhaps to have reassurance from the Minister that we are making sure that works of art coming into this country have effective provenance, to show that they are not being looted from the Middle East.
The Guardian reported on 15 June that a series of flash sticks was discovered after a courier was killed in battle. These flash sticks revealed that ISIS had taken $36 million-worth of goods from al-Nabuk alone, including a large number of antiquities up to 8,000 years old. Each item could be sold for between $20,000 and $50,000. That is the scope of how ISIS is funding its activities. We have a duty to ensure that religious art, icons and murals are not coming into this country and being sold on; and that that flow of money for terrorism stops. At the moment, the Bill is very light on the funding of terrorism: it is rightly saying that other things should be stopped. This may be small, but it is important that we dry up that flow of money for terrorism, whether it is in this country or in the Middle East.
Serious Crime Bill [HL]
Baroness Brinton Excerpts(10 years ago)
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The Lord Bishop of Durham
My Lords, I once again support the amendment of the noble Baroness, Lady Walmsley. Indeed, since I last spoke in this place on this matter, the need for an obligation to be placed on certain individuals to report knowledge or reasonable suspicions of abuse involving the most vulnerable has become more pressing.
It was with increasing dismay that I read about the events in Rotherham. The independent inquiry report into child exploitation there makes sobering reading. At least 1,400 children were subject to sexual exploitation between 1997 and 2013, with collective failings from both the council and South Yorkshire Police. The report noted:
“Over the first twelve years covered by this Inquiry, the collective failures of political and officer leadership were blatant. From the beginning, there was growing evidence that child sexual exploitation was a serious problem in Rotherham ... Within social care, the scale and seriousness of the problem was underplayed by senior managers. At an operational level, the Police gave no priority to”,
child sexual exploitation.
There has also been the recent case of Thorpe Hall School in Essex. For more than 14 years a senior teacher had secretly photographed young boys undressing in changing rooms. The child protection unit CEOP, now taken over by the NCA, had been aware, via a report from Canadian police, that this teacher was a purchaser of paedophile videos, but more than a year passed from that report before Essex police were notified. Similarly, in the case of Dr Myles Bradbury, the paediatric haematologist at Addenbrooke’s Hospital, Cambridge, who pleaded guilty on 15 September this year to numerous sexual offences against children, CEOP had, again, been aware since July 2012 that he had been buying paedophile videos online but passed this information to Suffolk police only in November 2013. The National Crime Agency stated that CEOP’s delay in disseminating the information was “unacceptable”.
Sadly, the list continues to grow. In Birmingham, on 18 October this year, the city’s safeguarding children board noted that,
“the perpetrators of these horrific crimes remain at liberty and continue to target other children”.
These numerous scandals have shocked, and continue to shock, the nation and serve to emphasise the importance of imposing an obligation that is subject to criminal sanction if there is a failure to report.
Power and secrecy, which are so often present when abuse occurs, are magnified in an institutional setting, where there is often a considerable power imbalance between the most vulnerable and the perpetrators of abuse. It should not be forgotten that the vulnerable, particularly in institutions, are at risk not only from individuals who may commit abuse but from all adults who fail to report suspicions and knowledge of abuse. Indeed, the vulnerable may be placed in institutions in order to safeguard them from abuse but, ironically, it is in these very institutions that their exposure can become more acute.
This issue will not go away. Time and time again, individuals in institutions have failed the most vulnerable in their care by failing to report. The fact remains that, although child abuse is a crime, reporting it is only discretionary, which is why I welcome this amendment, the provisions of which, as can be seen, have been strengthened and clarified since our last debate. Regulated activity providers and those who are in a “position of personal trust” must be held accountable if they fail to report.
Public opinion is in favour of such legislation, as a recent YouGov poll indicated. The former Director of Public Prosecutions, Keir Starmer QC, has stated that the introduction of a mandatory reporting provision would close a gap in the law which has been there for a long time. The Child Protection All-Party Parliamentary Group has called on the Government to consider certain institutional duties which,
“require people in leadership positions in institutions ... to report allegations of criminal abuse committed against children by people working on behalf of the institution”.
The former Secretary of State for Education, after hearing the words of a survivor of abuse, also suggested that the Government should re-examine their position, after previously blocking such an idea.
On 22 July this year, the Government co-hosted, with UNICEF, the first Girl Summit aimed at strengthening domestic and international efforts to end female genital mutilation and forced marriage within a generation. As part of this, the Prime Minister announced that mandatory reporting would be introduced for health, educational and social work professionals in known FGM cases. If mandatory reporting is to be introduced in relation to this specific area of abuse, surely it would make sense to extend this to cover other types of abuse. Now is the time. We need to act.
As I stated previously, I agree that imposing such an obligation may increase the number of reports, and this will need to be resourced properly. However, this increase is no bad thing. Knowledge or reasonable suspicions of abuse must be reported. The omission of an obligation has allowed those such as Savile and Bradbury to continue to abuse. I do not agree that the introduction of mandatory reporting will lead to authorities being swamped by erroneous or fallacious reports. In fact, mandatory reporting can highlight cases that otherwise may never come to the attention of the relevant authorities. I hope for an announcement from the Minister that there will be a serious look at the evidence.
We need a culture in our institutions and across our society that prioritises the protection of the most vulnerable over and above all other considerations. As the Home Secretary stated in the other place:
“We know that child sexual exploitation happens in all communities. There is no excuse for it in any of them and there is never any excuse for failing to bring the perpetrators to justice”.—[Official Report, Commons, 2/9/14; col. 168.]
This is why I wholly support the amendment of the noble Baroness, Lady Walmsley. A change in the law could lead to a change in culture, helping to raise awareness, where certain individuals realise that if they fail to report their knowledge or reasonable suspicions of abuse they may be subject to prosecution.
Baroness Brinton (LD)
My Lords, when I was chair of education in Cambridgeshire some 20 years ago, it was brought home to me very starkly how the lack of mandatory reporting had allowed a caretaker to abuse children in a school over a 16-year period. It was not taken seriously at any point over that time when parents, or even some of the children, reported concerns. Had that system been in place—even the first report—the head would have been under a requirement to force a proper inquiry. As a result, this man’s actions would have been curtailed and a large number of children would not have been subsequently abused.
Even though that happened some time ago, the problem still continues. We have heard from the right reverend Prelate the Bishop of Durham about some of the larger cases at the moment. I should have declared an interest: I am a trustee of UNICEF. I echo the point of the right reverend Prelate that if we are talking about mandatory reporting for female genital mutilation, which is a form of child abuse, we should also be considering it for wider child abuse as well.
Another point that has been raised outside the Chamber refers to concerns felt mainly by professional psychotherapists about an exemption in their treatment of perpetrators of child abuse, or would-be perpetrators, under the normal terms of confidentiality if there is a requirement to report. The exemption is in proposed paragraph (8) of the amendment. It quite specifically says that it is possible for a person to have that exemption. We need to reassure professionals that important work such as that should be one of the few exemptions allowed to continue without further report to the law.
I want to raise a more topical concern. Much has been said about the Jay report and what has been happening in Rotherham and subsequently in Sheffield and other places. I am very concerned that yesterday UKIP published a photograph showing a young girl who might be deemed to be a victim of abuse while the headline said something like, “1400 reasons why you should not vote Labour in the PCC election” .
Frankly, UKIP’s hypocrisy is breathtaking. Its record on tackling serious child abuse is disgraceful. The only record of the noble Lord, Lord Pearson of Rannoch, asking Questions about child abuse is on 13 October this year, after the by-election was called, and he has been in this House since 1990. Even that Question was focused entirely on the UKIP obsession with Muslims, ignoring the fact that child abuse happens in all areas of the country and is not exclusive to any culture, community, race or religion.
However, it is not just UKIP in the Lords. In the European Parliament, its Members abstained in a vote to strengthen legislation about sexual abuse and the sexual exploitation of children and child pornography. Further, UKIP’s candidate in the Croydon North election in 2012, Winston McKenzie, said that gay adoption was child abuse. Gordon Gillick, a UKIP Cambridgeshire councillor, told a meeting of some children in care that they were takers from the system and wanted to know what they would give back to society. As we have heard, many children in care are the most vulnerable to grooming and abuse.
We need to have an honest and open debate about child abuse but it is completely inappropriate for a party that has not taken it seriously, even within its own actions when it threw out a paedophile and allowed that person to come back to receptions, particularly those with young UKIP members. We need to make sure that UKIP—it offers a policy of making sure that children are safe—can deliver that by having safe policies itself. I do not believe that the evidence is there.
Finally, I am also grateful for our discussions with the Minister on this. I hope that he will be able to offer reassurance to those of us who want a public debate and public consultation about the mandatory reporting of child abuse. I look forward to his response.
Baroness Finlay of Llandaff (CB)
My Lords, I have put my name to the amendment and support it strongly. Current child protection systems, which rely upon voluntary reporting, simply are not seen to be working effectively. There is ongoing underreporting of suspicions of abuse or neglect by professionals working with children. Why might this be? It is worth looking at previous studies, which have suggested that barriers to reporting include the professionals’ own values and attitudes—for example, over the acceptability of physical punishment—and confusion over the thresholds for reporting. Professionals may be worried about issues of confidentiality and the potential impact on their relationship with the child and the family.
The current position for someone reporting is that they may, in effect, feel that they are being a whistleblower on a situation that they feel uncomfortable about. Professionals may fear the consequences and the potential impact on their reputation, leading to further hesitation. Reporting a suspicion that turns out to be unsubstantiated should not be a disciplinary matter for professionals, however distressing for those involved. There is a balance of harms here, and the need to protect vulnerable children should be paramount.
I should like noble Lords to think for a moment of the situation of a GP who is seeing people on 10-minute appointments, and who may know a family, see a child, have some concerns but be unable to put a finger on it. At the moment, the hesitation to report remains there. Other pressures of work come in. I must declare an interest here. When I was a GP, I looked after children in a children’s home and became convinced that something was not right. I went to the authority in whose area I was working but we did not get anything specific to happen. I would go out to the children’s home whenever there was a request for an appointment so that I would see the children on their own territory. I tried to see the children on their own when they were referred for a sore throat, sore ear or whatever. I had this nagging suspicion that something was wrong but I could not pin it down anywhere. All that I can say is that the Christmas after my suspicions began to become aroused the children themselves burnt the home down, which confirmed to me that my index of suspicion was right. However, I had no clear evidence on which to report that abuse was going on, although I was suspicious. I would have welcomed having to report that suspicion because it would have allowed me the freedom to state, “I have a really uncomfortable feeling here”, without feeling that I had to accrue the evidence.
That is my personal experience and where I have come from with it. That is why I stand separately from my professional body, the BMA, which has reservations about this amendment. It is concerned that a degree of professional discretion is required to ensure that doctors can take account of an individual’s circumstances and always act to ensure the protection of a patient. My experience suggests that that is incredibly difficult.
Serious Crime Bill [HL]
Baroness Brinton Excerpts(10 years, 4 months ago)
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Baroness Brinton
“Child cruelty: duty on police officers to liaise
(1) Where an officer is investigating a potential offence under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16), as amended by section 62 of this Act, he or she must notify the Safeguarding Children and Adults Board of the relevant local authority.
(2) A notification must include details of the child or children who are considered to be the victims of the offence.
(3) The Secretary of State may produce further guidance on the form a notification under this section may take.”
Baroness Brinton (LD)
My Lords, I shall speak also to Amendment 40BZE, which follows on from it. These amendments support much of the debate we had on the previous group but move us into the practical arena rather than the one of legislative definitions. In the past year, the NSPCC helpline dealt with 8,000 contacts about emotional neglect and abuse, and 5,500 cases were so serious that they were referred to local authorities for further action. This was a substantial increase on previous years. I am glad that the Minister recognised that clarity is required on this difficult issue of defining emotional, social, psychological or behavioural neglect.
Alongside these statistics, new evidence shows that child protection professionals do not have a clear sense of the law in relation to neglect and that the law is sometimes not being applied consistently. My concern in these amendments is to ensure that there are mechanisms in place for the moment a potential offence of child cruelty has been reported, whether to police or local authorities. In essence, there must be a case conference with all the relevant stakeholders from all the different departments and, crucially, the child concerned should have access to child and adolescent mental health services. The reason for this is that two years ago the NSPCC carried out an online survey which showed that only 7% of social work professionals believed that timely action was taken in response to neglect and only 4% thought that it was likely or very likely that timely action would be taken to respond to emotional abuse. That 4% is a shocking statistic and exactly why we are having this debate about being more specific in the legislation on this. That contrasts with 75% of respondents to the survey who said that they were very confident that timely action would be taken in response to physical and sexual abuse.
That is the point of these amendments, which may or may not be appropriate in this legislation, as I mentioned in my Second Reading speech. I would be very grateful to hear from the Minister that there is some cross-departmental discussion about how we ensure that this is framed in guidance to social workers, health professionals—whether doctors, school nurses or district nurses—and anybody else involved in a child’s life, such as at sports clubs and certainly including teachers in schools. We need to make sure that the victims of this are as well covered as the offence and the offender.
That brings me to my final point. This will be effective only if professionals in this area have adequate training to recognise and understand the very particular problems of emotional and psychological abuse. I am reminded of a debate we had during the passage of the Children and Families Bill when my noble friend Lady Walmsley and I tabled some amendments about exorcism and the emotional trauma that some children face, particularly when exorcism is carried out with them present. The noble Baroness, Lady Howarth, said at the time that we did not need a specific law on this, and she was absolutely right because there is some legislation within the current framework—the problem was that it was not being carried out by the professionals. That is why these amendments have been proposed. I will not repeat the points that were made in the previous group, but this supports all those made by noble friends and other colleagues. I beg to move.
Baroness Howarth of Breckland
My Lords, I briefly want to support—and not support—the noble Baroness, Lady Brinton. I support her obvious wish that proper liaison between authorities should take place in terms of safeguarding. All of the codes and practices are already there, but what is not there is the available time. It is not that social workers are not trained, although they could do with more training—certainly around the issues of satanic and witchcraft abuse, although that concerns a tiny proportion of the cases. However, on the matter of broader emotional abuse, social workers are pretty keyed in to what is needed. The problem is that they know that they do not have the time to go in and do the work that is necessary to help families, and they have no wish in these circumstances to end up removing families through the courts.
The real answer—and I speak as a vice-president of the Local Government Association—is to look at how local authorities are using their resources and whether enough of those resources are going towards safeguarding children and their general protection and prevention from abuse. We need to look at whether we are asking the professions—social workers in particular, but also the police—to carry out a totally impossible task. If you are working day to day intervening in cases, you have very little time left to liaise with your colleagues. As a professional who has undertaken this work over many years, I know just how much time it takes to ring round, organise conferences, ensure that the appropriate information is available to everyone and pull all of that together.
So the noble Baroness, Lady Brinton, is absolutely right. We need to make sure that the safeguarding co-ordination works well. We need to make sure that the local authority designated officers, to whom these situations have to be reported, have enough time to think through what the action should be, and are able to take it.
Lord Taylor of Holbeach
My Lords, I thank my noble friend Lady Brinton for bringing this important matter before the Committee. We all recognise that every child should be protected from sexual and other forms of abuse and neglect, and this Government are absolutely committed to doing everything that we can to ensure that they have the full protection they deserve. In recent years—I scarcely need to say this to noble Lords—we have seen appalling cases of organised and persistent child sex abuse. This includes abuse by celebrities as well as the systematic abuse of vulnerable girls in Rochdale, Oxford and other towns and cities. Some of these cases have exposed failures by public bodies to take their duty of care seriously, and some have shown that the organisations responsible for protecting children from abuse, including the police, social services and schools, have failed to work together properly.
That is why, in April 2013, the coalition Government established the national group on sexual violence against children and vulnerable people, which is led by the Minister for Crime Prevention, my right honourable friend Norman Baker. This cross-government group was established to learn the lessons from some of the cases that I have mentioned and the resulting reviews and inquiries. As a result of its work, we now have better guidance for the police and prosecutors and better identification of children at risk of exploitation through the use of local multiagency safeguarding hubs.
I assure my noble friend Lady Brinton and other Members of the Committee that we are aware that there is more to be done. Significantly, as I informed the House on Monday last week, the Government are establishing an independent inquiry panel of experts in the law and child protection to consider whether public bodies and other non-state institutions have taken seriously their duty of care to protect children from sexual abuse. It will begin its work as soon as possible after the appointment of all the members of the panel. I hope to be able to report back to the House with details of those members and the terms of reference for the inquiry panel very soon.
Meanwhile, the work of the national group continues apace. As part of this work, the group has considered the issue of mandatory reporting and whether there is a need for some form of more targeted statutory reporting regime to deliver better protection for children and vulnerable adults. However, the picture here is, by definition, a very complex one. Some evidence suggests that, in the USA, Australia and Canada, mandatory reporting legislation has been accompanied by significant increases in the number of referrals of suspected child abuse and neglect made to the authorities, a large percentage of which in the end were not substantiated. As the noble Baroness, Lady Howarth of Breckland, pointed out, there is a risk that child protection services can be diverted from the task of increasing the safety of our most vulnerable children to evidence gathering and investigation of cases that are eventually unsubstantiated and which often lead to significant disruption of family life. Those words from the noble Baroness, Lady Howarth, are important to bear in mind.
Having said that, there is an emerging consensus that action must be taken to address the clear failures in public protection in the past. Indeed, noble Lords may have seen remarks just last week by Peter Wanless, chief executive of the NSPCC—an organisation which has the protection of children at its heart—which supported the introduction of a criminal offence making covering up and hiding child abuse within institutions illegal. Those and other views are an important contribution to the debate, and I would like to assure the Committee that this issue is being actively and carefully considered. The primary concern from all involved is the uncertainty about the number of reports that would result and, if there were large numbers, how those reports would be triaged to ensure that the most serious cases were identified. It is hugely important that, if we are to propose changes of this kind, we make absolutely sure that we get it right.
It is against this background that I now turn to the detail of Amendments 40BZD and 40BZE. Those would place a requirement on police, when investigating a child cruelty offence under Section 1 of the Children and Young Persons Act 1933, to inform the local safeguarding children and adults board of the investigation. Subsequently, the local authority would be placed under a duty to liaise with relevant officials, such as those at the child’s school, social services or the police. My noble friend seems to be addressing concerns that relevant children’s services are not sufficiently joined up in their response to child safeguarding. That concern has of course been borne out by several recent serious case reviews. I concur absolutely with the intention behind these amendments. As I have indicated, the Government are already committed to considering these issues. However, as I have also said, there is no easy solution. While we accept that this is a pressing issue, such consideration will necessarily take some time. In advocating a change in the law, Peter Wanless has acknowledged the need for further discussions as to the form of any new reporting duty and to whom it should apply.
It is right that the Government take the time to consider this important issue fully, in the light of all the evidence and having considered the views of the many experts and stakeholders, who rightly hold strong views. My noble friend Lady Neville-Rolfe and the noble Baroness, Lady Howarth of Breckland, pointed out that there are other factors that have to be borne in mind. The noble Earl, Lord Listowel, pointed out that the issue is far from simple and there are also funding questions to be considered. I say to noble Lords that their views will be very welcome in this context. I know that a number of Members of this House have already been involved in this important debate. I encourage others to be involved in providing us with views and information on which we can base a decision that achieves the objective of safeguarding children.
The Government recognise concerns about our current safeguarding system and understand the public’s anxiety about the reporting of child abuse. They are taking this issue very seriously and want to make sure that any action they take achieves the desired outcome of improving safeguarding for all our children and vulnerable adults. Given the complexities involved, it is right that we look carefully at this matter. The new independent inquiry panel is also relevant here. For these reasons, I cannot offer my noble friend an assurance that the Government will legislate in line with her specific proposals. I can, however, give an assurance that the Government take this issue very seriously and, should there be a need for further legislative change and action, we will bring forward measures to deliver this as soon as possible.
My noble friend highlighted the need for all involved in child protection to work together more effectively. I cannot agree more. All the evidence suggests that the best protection and results happen when agencies work together and when not just a single agency considers the protective needs of the child. That is why the Government have undertaken significant work to improve our understanding of the different multiagency models in place to support information sharing around safeguarding responses for vulnerable people.
I hope that my noble friend will be reassured by this. There is already guidance requiring social workers to convene a strategy discussion—the noble Baroness, Lady Howarth, will know all about this—with all relevant professionals who are known to the child and the family if they suspect a child may be suffering significant harm. Our guidance is also clear that support should be given to a child as soon as need is identified. Early help services can be delivered by teachers, youth workers and health workers to support children. It is important to bear in mind that that work can be invaluable in dealing with these matters promptly. In the light of what I have said about what the Government are doing and the invitation to noble Lords to be involved in that process, I ask my noble friend to withdraw her amendment.
Baroness Brinton
My Lords, I thank noble Lords who have spoken in this debate. I absolutely agree with the noble Baroness, Lady Howarth, that time pressure, particularly on social workers, is a key and fundamental problem. It is one of those adages that Governments always produce legislation for statutory work but often, certainly in the current climate, do not fund the support required to deliver that effectively. I am sure that training is vital. However, I am mindful of the NSPCC survey of social work professionals. If only 7% believe that timely action is being taken in cases of emotional abuse, partly because of training and partly because of identification, there is an issue. Guidance may well be available, but there are still concerns.
I am very grateful to the noble Earl, Lord Listowel, for raising the issue of child and adolescent mental health services. I hope that it may be possible for the Minister and those of us who are interested in this issue to meet Norman Lamb to talk about the pressure on child and adolescent mental health services, particularly for this group of children who may not automatically be referred to those services. We are told that in some areas there is an 18-month waiting list for a child to be referred. For a child who is being emotionally abused, that is far too long.
Lord Taylor of Holbeach
I will do my utmost to try to arrange for noble Lords who have spoken—and, indeed, others who may be interested in this subject—to meet Norman Lamb and, indeed, Norman Baker, who, as noble Lords know, also has responsibilities in this area.
Baroness Brinton
I am very grateful to my noble friend the Minister for saying that.
I thank my noble friend Lady Neville-Rolfe for her contribution, with which I agreed. I was a county councillor for some years and I have concerns about the Minister’s comment regarding the priorities of triage when big issues are involved. In Cambridgeshire, we had a case where a family had two adopted children and anyone would have thought they were absolutely the apple of their parents’ eye. They were doted on completely. If they had been triaged, people would have said there was no reason at all to look any further. Yet these children were being quite severely emotionally abused. They had to be removed from their family and placed with foster parents. The foster parents’ reports about their next year with the children, as they unscrambled what had gone on, shows we have to understand that sometimes triage, which can be obvious in an accident and emergency sense, may be much more complex when looking at issues of emotional needs.
Regardless of that, I am grateful to the Minister and look forward to hearing more about the report back on the members of the inquiry panel and its remit. I beg leave to withdraw my amendment.
Serious Crime Bill [HL]
Baroness Brinton Excerpts(10 years, 5 months ago)
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Baroness Brinton (LD)
My Lords, I declare an interest as a trustee of UNICEF UK.
I shall focus on Clauses 62, 63 and 64, which many other noble Lords have also mentioned. In his opening speech, my noble friend said that the current legislation on emotional and psychological abuse was fit for purpose but its wording just needed to be updated for the 21st century. However, as we discovered in the passage of the Children and Families Act 2014, there is evidence that police and social workers were often concerned that the term “mental derangement” was so specific that it was not used as much as it should have been when judging how severely a child had been affected by emotional abuse. Some years ago, I talked to a social worker about some casework from my division in Cambridgeshire, where it was absolutely clear that emotional abuse was taking place. However the child was not “mentally deranged”, just very distressed with low self-esteem and in danger of harming herself. The social worker said that it would be so much clearer cut if only the person doing the abuse had provided some visible injuries as well, because they could not get the police or the Crown Prosecution Service to take it seriously.
The longer-term abuse referred to by the noble Baroness, Lady Meacher, is also important. There are parallels here with bullying research, which shows that the impact on life consequences for children with severe self-esteem problems following abuse is enormous—whether that abuse is from contemporaries, parents, or other people in a position of influence such as teachers—especially if it is not tackled early. I therefore welcome Clause 62, which will make the crime of psychological and emotional abuse fit for practice as well as fit for purpose.
However, further steps are needed to provide absolute clarity for professionals working with abused children. There has been some discussion about whether the word “wilful” in legislation is sufficient. This is another thing that is often misunderstood by professionals, including social services and police. I also support the proposal from the Children’s Society that “wilful” should be changed to “intentional and reckless”, which would enable more effective identification and response to the event. This also picks up the point made by my noble friend Lady Hamwee on behalf of my noble friend Lady Walmsley, who cannot be in her place today. We need to make sure that this offence is defined as serious because failure to report will allow a child to continue to be abused and the perpetrator to continue finding more victims. It is good news that the Public Bill Office has confirmed this as a serious offence to my noble friend Lady Walmsley, which will mean that it is statutorily reportable. I look forward to seeing the amendment in Committee.
We also need to provide support for children and their families before neglect and abuse begin. The Children’s Society research in 2010 into adolescent neglect shows that professionals perceive teenagers as more resilient and better able to cope with maltreatment than younger children. These perceptions affect how cases of older children are assessed and whether protection is offered to them. However, an absence of emotional warmth and support is likely to be detrimental to psychological well-being and potentially to mental health. Studies of neglectful parenting indicate that young people may be more likely to internalise problems and become depressed. Young people also say that neglect can lead to difficulties with sleeping and to self-harm, and can even, as we have heard, be linked to suicide or suicide attempts. That goes back to my earlier point about the negative, very long-term effects on a young person who is faced with emotional abuse. The effects may not just be those of risky or anti-social behaviour but could turn a young person off learning and academic achievement, which could affect their working lives.
In these austere times, local government and the child and adolescent mental health services are under considerable pressure. Sadly, there is limited scope for preventive work. In fact, we keep hearing about more and more projects having their funding curtailed. This research shows that funding is vital and will save money later. A clinically depressed adolescent who cannot get help is much more likely to have problems later in life. The second group of children and young people who need help are those who have been emotionally abused.
The Bill is about crime, and we often talk about justice for victims. As I mentioned in last week’s response to the gracious Speech, access to mental health for children and young people is in crisis. Only one in four children diagnosed with a mental health problem is able to get access to therapy. Child victims of psychological and emotional abuse should be fast-tracked for assessment by CAMHS, and the implication of this clause needs to be woven into education, children’s services and health services. Therefore, I will table probing amendments in Committee to seek reassurance that that will happen. As I have said previously, we would not allow a child with a broken leg to leave hospital without a plaster cast; why do we allow children who are emotionally abused to walk away with no support?
As my noble friend Lady Hamwee mentioned, the legislation on emotional neglect covers only young people up to the age of 16. Recent court cases of grooming and coercion of 16 and 17 year-old girls have demonstrated that that needs to be extended to 18. A vulnerable young person remains vulnerable for some time to come. That is why I also support the comments of my noble friend Lord Paddick, who was concerned particularly about women—but it might apply to men as well—in families where adults are being abused mentally as much as children. As we did with the stalking legislation, it is very important to look at the behaviour of the perpetrator and to make sure that all the victims—whether it is just the children or also an adult in the family—are appropriately looked after. It would be absolutely wrong for a mother who has been bullied, coerced and abused by a partner to find that she is being accused as the aggressor in this type of instance.
Under Clause 63, online paedophile manuals will be incorporated into the legislation against access to paedophilic material, and so they should. I have great respect for the work of CEOP, the Internet Watch Foundation and all the ISPs, telephone companies and cable companies that contribute to the IWF. If that helps to make access to information on paedophilia much harder to get, that is good news.
As regards Clause 64 and the proposals on extraterritorial acts of female genital mutilation, my honourable friend Lynne Featherstone has made it a personal priority to start the cultural change on this barbaric practice, for exactly the reasons laid out by my noble friend Lord Attlee. The progress of convictions in the court is woeful at the moment. There are a couple of cases in train, but to have no convictions is embarrassing for this country as a whole. I hope that this clause will make it easier to hold these butchers to account.
We should be realistic that this law on its own, while it will be a useful tool, will not change things overnight. Sex and relationship education, working with the communities that practise FGM and more brave women such as Waris Dirie—now a UN ambassador for the abolition of FGM and the founder of the Desert Flower Foundation—speaking up will start to make things change. A UNICEF report shows that in seven countries almost all women and girls experience some form of FGM, with up to 140 million girls and women currently living with the consequences. So the extraterritorial acts clause will be important in chasing those who travel around the world to carry out this obscene practice.
I am proud that these three clauses are being brought forward by this Government. Inevitably, in typical scrutiny by the Lords, there will be an effective and detailed debate and, I hope, some amendment. Most importantly, it will help to safeguard some of our most vulnerable children and young people, and for that I welcome the Bill.
Queen’s Speech
Baroness Brinton Excerpts(10 years, 5 months ago)
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Baroness Brinton (LD)
My Lords, I declare my interest as a trustee of UNICEF UK.
I welcome the proposal in the Serious Crime Bill to expand the definition of child cruelty to include psychological suffering or injury, as well as the long-accepted physical charge. Since this proposal was announced in the gracious Speech, there has been something of a debate on the internet asking how on earth one can decide what is psychological suffering and injury, and where the boundaries lie. Some have even suggested that people involved in contested divorces would suddenly start to cite that their child had been psychologically damaged by their ex-husband or wife. I am sure that the passage of this Bill will make it clear where those boundaries lie and how those judgments will be made by professionals other than individuals with an interest.
When referring to psychological cruelty we are talking not about family disputes but about the constant haranguing of a child to make them feel worthless. Children often believe what their close family members tell them; or, as discussed in the passage of the Children and Families Act, it might also be the public exorcism of children in certain churches or “shutting up”—that is, locking children in their rooms with no access to others for up to months at a time, as we were told last year happens in the Exclusive Brethren Church, where a girl was shut up for three months for accessing Facebook.
Over the years, very few charges have been laid about the psychological damage to children that causes cruelty, let alone brought to court and convictions secured right across the child-cruelty spectrum. Charities such as the Children’s Society and Barnardo’s have for years been campaigning about the damage of child cruelty, especially the invisible psychological and emotional abuse. In the past I have discussed with social workers and doctors the problems of the current law which mean that too many cases are not even brought because of that invisibility and, therefore, lack of evidence. I believe that this new addition of psychological damage will strengthen the child cruelty definition well.
However, as with the stalking law reform debate that we had two years ago, with which I was involved, changing the law on its own will not take effect without a real commitment by the criminal justice system, schools, children’s service and the health service being trained and supported to deliver this. We know from the stalking legislation that where there has been training in both the police and elsewhere, the numbers of charges and convictions have gone up, whereas there is real doubt about those areas that have not yet trained all their staff.
There are also long-term mental health consequences of psychological cruelty. Convicting the perpetrator is important, but it will be useless if the child victim does not get access, and quickly, to child and adolescent mental health services. My honourable friend Norman Lamb MP is right to demand parity of funding for mental health services, and it is disgraceful that NHS England has told CCGs to cut mental health in favour of acute physical services, causing a real shortage of beds, with children having to travel hundreds of miles to access an emergency bed. Many children who have suffered mental cruelty are scarred for life, especially when much of it has taken place out of sight.
We know already that only one in four children with a mental health diagnosis is getting access to the therapy they need. This must be improved. If four children had all broken a leg, we would not say that only one could get access to a plaster cast and, if necessary, physiotherapy afterwards to help them heal. This discrimination must cease. I ask the Minister if there is an intention to provide clear guidance for multidisciplinary professionals who are likely to come into contact with cases of psychological cruelty to children, both about where the boundaries lie and what help the child victims of such cruelty are entitled to access as soon as it has been made plain, including urgent referral to CAMHS.
Equally importantly, what steps are the Government taking to ensure that more help is provided to vulnerable families to prevent neglect happening or to ensure that early intervention is offered before there is a need to resort to criminal prosecution?
Following my noble friend Lord Willis’s comments about quality not quantity of legislation, echoed by the right reverend Prelate the Bishop of Carlisle, I welcome the comments in the Minister’s speech this afternoon that much of this year would be spent in embedding and delivering the new health and social care arrangements. I welcome that, and it is vital to give the new arrangements time to bed in. Moving towards joint health and social care commissioning is an enormous step, but a step that must be taken, and the better care fund is a start to encourage best practice between local authorities and health. However, these are still very early days and the journey towards true joint working will take time to develop.