Counter-Terrorism and Security Bill

Debate between Baroness Smith of Basildon and Baroness O'Loan

Wednesday 4th February 2015 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, it has been an interesting debate. I particularly want to look at Amendments 15A and 15C in the names of the noble Baronesses, Lady Lister, Lady O’Loan, Lady Buscombe and Lady Kennedy. This seems to be very similar to the debate we had earlier, and to the ones we had last week and at Second Reading, about how we define academic freedom and freedom of speech. My impression from listening to what the Minister has had to say in responding and from what I think he intended by his amendment—my noble friend Lady Lister made this point—is that this is about looking at those things together, as a whole. The noble Lord, Lord Pannick, I think, made the point that he took the Minister’s amendment—Amendment 15D—to incorporate academic freedom as well as freedom of speech. So our discussion here, in some ways, is not about the principle—I think the Minister has made clear his view on the principle of this—but about making sure that the detailed legislation is correct.

I must say that I do not agree with the noble Baroness, Lady O’Loan, about what the consequences of that could be. I do not think it would prevent a discussion of the origins of the Troubles in Northern Ireland or that it would have those dire consequences. However, the perception among some academics that it may do is quite worrying.

[Baroness O'Loan]

If a university has a group of people who want to hold a meeting, or if an academic wants to bring a speaker in, and the purpose is to challenge vociferously something which the Government have done, could that not conceivably constitute non-violent extremism? Could the university not, under the directions to be issued by the Secretary of State, find itself in a position where it has to determine whether or not it allowed that meeting to take place? That is all I was saying.

[Baroness Smith of Basildon]

It is quite a leap to say that a challenge to the Government automatically becomes something extreme. We are challenging the Government here today in terms of the debate we are having but, from what the Minister has been saying during this debate, that challenge to the Government is not being seen as extremism at any point. However, my noble friend Lady Lister made the point about the perception among academics of their freedom being curtailed. My noble friend was very clear in her comments about what she was seeking: to be absolutely clear in the Bill, or if need be in guidance, about that academic freedom and about the need, as quoted in the Education Reform Act 1988,

“to ensure that academic staff have freedom within the law”—

as was said earlier, all freedom of speech is qualified within the law—

“to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions”.

I do not think, from what the Minister is saying, that he wants in any way to curtail that. This seems to be largely a technical point and one that, I hope, can be easily resolved. I hope he will address it in comments that he makes today. Perhaps he will be able to take it away and reflect on it or, indeed, ensure that it will be in guidance. However, some reflection on this point, which seems to me to be entirely compatible with his Amendment 15D, would be very helpful.