Lord Bates
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Viscount Hanworth (Lab)
My Lords, I had an opportunity earlier this afternoon to read the letter from the noble Lord, Lord Bates, to those who intended to participate in today’s Report stage. I express my appreciation of his consideration in writing, but I must observe that the fast-track schedule of the Bill is severely impeding its proper parliamentary scrutiny. The Government have not given themselves enough time to think.
The letter points to the Government’s amendments of Monday that represented their response to the widely expressed anxieties about the way in which the statutory Prevent strategy was liable to conflict with the duty of freedom of speech enjoined by the Act of 1986. The Government also tabled an amendment two days ago that is ostensibly intended to ensure that the guidance issued in connection with the Prevent strategy will be subject to parliamentary scrutiny. In the judgment of the proposers of the current amendments, the Government’s concessions are inadequate. They are therefore calling for something more extensive and secure.
The letter of the noble Lord, Lord Bates, observes that, between 1999 and 2009, a full 30% of persons convicted of terrorist offences associated with al-Qaeda had attended a higher education institution. It is difficult to place this figure in an appropriate context, but given the extent of participation in higher education of the relevant age group, this seems a strikingly low figure. It might be interpreted as an indication of the efficacy of higher education institutions in diminishing the threat of terrorism.
The effect of higher education is typically to stimulate individualistic freedom of thought—the very antithesis of the dogmatic nostrums of the radical Islamists, which differ so markedly from the religious injunctions of Islam. A liberal higher education is undoubtedly a most effective means of combating ideological extremism. The success of British institutions of higher education as effective agents of counterterrorism ought to be widely recognised. Instead, the Government’s statutory Prevent strategy, which promises to be clumsy and intrusive, threatens to subvert the role of higher education in countering Islamic radicalisation.
Another aspect of the statutory Prevent strategy disturbs me. It concerns the cost and bureaucracy that will be imposed on the designated institutions. As I observed in a previous debate, there has been a hypertrophy of bureaucracy in British universities for which the interventions of central government have been largely responsible. Nowadays, in almost every institution, the numbers of administrative staff exceed those of teaching staff—and by a significant margin in many cases. The Prevent strategy, with its specially appointed officers, mandated staff training courses, obligation to report compliance with its nostrums and duty to inform the police and others of any suspicions and anxieties, is a bureaucratic nightmare. Finally, I have to wonder whose opinions have been elicited by the consultation on the draft guidance. If, as I strongly suspect, those few opinions have come predominantly from the administrative faculties of universities, then I suggest they should be treated with due caution.
The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)
My Lords, I thank my noble friend for moving this amendment and giving the opportunity to put one or two additional points on record. This amendment would not permit guidance to be issued to universities until a report had been laid before Parliament setting out the impact of—
Baroness Williams of Crosby
I apologise to the Minister but I was not aware that he was going to respond to the amendment now, which would rule out Amendment 14D to which I wished to speak. I turn to that amendment briefly to explain the point of it. It looks a very small amendment but it is a rather serious one.
Amendment 14D relates to those with whom the Secretary of State would consult in advance of putting out the various kinds of guidance, which has already been dealt with to some extent by the Minister in his very helpful amendment requiring an affirmative procedure by Parliament. That meets one of my major concerns, which is the involvement of Parliament in every way and at every stage of the Bill. That is absolutely crucial, especially given the scale of the challenge that the Minister on more than one occasion told us we must meet. The solidarity of Parliament in dealing with these issues is crucial.
Let me explain why I put down this amendment. It was for the very simple reason that absolutely nowhere in the Bill that I can find is there any requirement of any kind to consult the age group that we are most concerned about. There is absolutely none. There are no references to student organisations, youth organisations or for that matter young people at all. Yet I think many of us recognise—I will in just a moment give an example of this—that the most effective force to persuade young people to abandon any thoughts of terrorism is other young people. Statements by senior officials, however senior they may be, cut nothing like the ice and have nothing like the persuasive power as other young people who see the devastating effects of terrorism and bring those to the attention of their friends and colleagues.
One of the things I regret is that the statutory requirement that students should be represented on university bodies which we brought in with the Education (No. 2) Act 1968 was abandoned by the then Government in 1987, so there is no requirement of that kind any more in law. One of the great advantages of requiring that students be represented on, for example, university courts and academic panels was precisely that they were then brought into the operation of the university itself, and into its responsibilities and its authority. That became an important and significant factor in dealing with what one might call young extremism.
Baroness Smith of Newnham (LD)
My Lords, perhaps I may briefly follow my noble friend Lady Williams. I declare an interest as a Cambridge academic and a fellow of Robinson College, where I am a graduate tutor and director of studies. I am also, across the university, senior treasurer of the European Society. We do not really expect a great deal of extremism in that society; it is probably a relatively straightforward society to be involved with. However, the person who was key to setting it up was a visiting French student. She was 22, dynamic and really wanted to get something going. She had far more bright ideas than I had at twice her age. I still think that I am young; as an academic, I am probably seen as middle-aged by my students and as relatively young by some of my colleagues. But this young woman came with a set of bright ideas and established an organisation. To impose duties on that organisation without any consultation is not necessarily helpful.
As the noble Baroness, Lady Warsi, said earlier, we need to engage in discussion and debate. If it is about Europe, it may be in some ways uncontroversial and not lead to extremism—but in a whole range of other societies, the debates might be controversial or difficult. However, the people who will best be able to say how they can deal with that are not academics, far less administrators, telling students what to do. It will be the students themselves coming up with ideas as to how to engage. I ask that we think through how to engage young people.
The noble Viscount, Lord Hanworth, asked who responded to the guidance consultation. Of the 160 people who responded, probably none was young. If we can bring those people in and engage them, partly through university structures but partly directly, we will get better decisions and ideas—and, ideally, a better way of implementing the Prevent duty in a way that engages young people and takes them with us, rather than a top-down approach which preaches to them in an unhelpful way.
Lord Bates
My Lords, I am grateful to all noble Lords who have spoken in this brief debate. There have been some excellent contributions. First, I want to clarify something I said earlier which might have sent people down the wrong track. I talked about 42 responses which my noble friend Lord Phillips rightly pulled me up on as being a paltry number. That was the number of academic institutions which responded. In fact, the consultation produced 1,792 responses. Five consultation events were held—in Manchester, Cardiff, Birmingham, London and Edinburgh—that reached a further 300 delegates from specified authorities, including representatives of higher education. So there have been some additional responses. Of course, it would be excellent to see more contributions.
The point that was made eloquently by the noble Baronesses, Lady Williams and Lady Smith of Newnham, on the importance of engaging young people is absolutely right. It would seem perfectly within the spirit and letter of both the guidance and of what we are putting forward here for academic institutions to engage with student bodies and societies; in fact, they should. They should ask, “What is the best way of implementing this within our institution?”. This would be entirely in keeping with the type of approach that we want. We are not talking about the European Society at Cambridge—unless there are instances there in which people could possibly be drawn into acts of terrorism. That would be unexpected and a surprise. We are talking about how to prevent people being drawn into terrorism—so a wider debate, crucially one involving young people, is very important.
Another element, which relates to what my noble friend Lord Phillips of Sudbury had to say in moving his amendment, is the impact of this. We have produced an impact statement on the Bill. My noble friend said that he does not accept what it says on page 7, but it does make some estimates as to the cost of implementing this across 2,000 higher and further education institutions in the UK. This is standard practice. For illustrative purposes, we assume that each institution requires one week of a junior officer’s time—a BIS liaison officer, working with the university—at a cost of £573. Also, it is not—
Lord Scriven (LD)
The Minister has given those figures, but it also says clearly in the impact assessment that there are some areas where the risk has not been assessed for Prevent requirement purposes. It is not possible to estimate accurately how much will be required for additional Prevent activities. So the figures in the impact assessment are completely irrelevant because, in many areas, the assessment as to what Prevent activity will be needed has not been done.
Lord Bates
That is a fair observation. We are in unknown territory, but in order to have an impact assessment, some basic assumptions have to be made. Those are the assumptions we are using to understand how this guidance would be implemented on the ground. Academic institutions might be able to undertake particular research about its effect.
Lord Phillips of Sudbury
The concern we have is that an assessment of their costs has not been made. As I said in moving the amendment, the more that the universities and colleges have thought about this—and many of them have still not got the draft guidance—the more they realise that this is imposing a very considerable bureaucratic burden which they will have to pay for.
Lord Bates
I am conscious that we are rehearsing arguments from the previous debate. Our argument, in fairness, is that they have not seen the guidance because people have not actually seen the guidance, which has not been published following the consultation. It will be informed by the debate that we have had.
Our hope and desire, though, is that this is very light-touch. It deals with what most, or many, academic institutions are already doing; it links in with their existing programmes for how computers are used on campus or in the library. It builds on that rather than trying to build some new bureaucratic edifice, which in our view is not necessary.
Baroness Williams of Crosby
I am a little worried because the argument is moving towards the costs of bureaucratic reviews and so forth, and away from the central point that I believe to be critical for any chance of success in what the Government are trying to do: the formal involvement of young people. At the moment, and I hope my noble friend will forgive me for putting it this way, there is nothing in the Bill requiring universities to formally discuss with their own students how they handle the requests and guidance from the Government.
Lord Bates
Of course there is nothing in the Bill to say, stipulate or prescribe that, but there is nothing to stop it. I would have expected, although I am happy to reflect further on this—perhaps we should reflect further on these comments in the guidance when it comes forward—most higher and further education institutions to engage with the student body, particularly student associations, about how this should be implemented on their campuses in order for it to be effective, and not to be onerous but to be very targeted. That would be a very good thing to do.
I am conscious also that I was drifting in the direction of Amendment 14B from the noble Lord, Lord Phillips, rather than the noble Baroness’s Amendment 14D. Still, this has been a helpful debate to have; it has elucidated some important principles about the engagement of young people, and about ensuring that the costs and the impact of the duty and the guidance—when it is produced—should be evaluated and should be in the spirit of what is intended, which is to be light-touch, not onerous, and to be focused on what Clause 25(1) says about avoiding people being drawn into terrorism specifically. With that, I ask my noble friend to consider withdrawing his amendment at this stage.
Lord Phillips of Sudbury
I thank the Minister. I have to be honest with him and say that he has not addressed at all the nub of Amendment 14B, which requires the report first of all to concentrate on the cultural impact on universities, particularly the academic freedom and mutual trust within them between staff, students and so on. He did not say a single word about that, which leaves me concerned, because either he thinks it is insignificant or he has no answer to our request for a report. Since everyone tonight—
Lord Bates
My noble friend rightly chides us to say that we do not want to be overly bureaucratic or impose too many costs. To undertake qualitative and quantitative research on the scale that he proposes in the amendment would add a huge cost, if not to the Government then to the institutions themselves. We are simply saying here that we will set out some guidance and then leave it to the institutions for it to be evaluated. There will be a process—through HEFCE, should that be something that the consultation decides—for progress and how it is implemented to be evaluated. I would have thought that that would be more in keeping with the light-touch, focused approach that we are talking about, rather than avoiding getting drawn into a very bureaucratic approach, which he would rightly reprimand us for.
Lord Phillips of Sudbury
I have to disagree with the Minister. It seems to me extraordinary to argue that we cannot afford to do our homework, so let us just make this law and see what happens. Because that is what he is saying. Also, it is no good talking about guidance without realising that, once it is brought into force, it has the effect of law; it becomes enforceable, even unto the point—the Joint Committee made this point—of somebody going to prison. A vice-chancellor could end up in prison if he or she flagrantly refused to comply with what he or she thought was a serious incursion on academic freedom.
I remain confused as to how the Government can say, “Well, it will all come out in the wash”; we do not know what the academic consequences are, whether cultural or in any other way, but you can make a complaint later if it does not work. That is not good enough. This House should not be imposing a regime of this nature without the facts and without due research having been undertaken. We may be the only country in the developed world that will have a statutory regime of this nature. That alone should give serious pause for thought.
Lord Bates
I want to clarify a remark that I made earlier. The impact assessment, referring to the higher education sector itself, higher and further education co-ordinators, actually refers to our assessment of the burden on university staff, rather than on the BIS co-ordinators, as I may have led my noble friend to believe.
Lord Phillips of Sudbury
I am grateful for that, but I want to say a word on the second amendment. Most of the debate has been around the need to inquire of the students themselves how they view the consequences of the guidance becoming law. The Minister did not make reference to that. Does he agree in principle that universities, including the students, should be consultees prior to the guidance being finalised and brought into effect? This extends the duty of the consultation to universities under the provisions of Clause 28. I am bound to say that I cannot see, in view of all that the Minister has said, why the universities should not be consulted, along with the other two bodies named in the Bill. They are the people most affected and surely, therefore, the Government could at least say that they will be consulted before the guidance is finalised.
I hope that the Minister will respond to that and then I will consider withdrawing the amendment.
Lord Bates
I am not sure that I can add a great deal more to what I have already said on this point, but I am happy to reflect further on my noble friend’s last point and I shall write to him ahead of Third Reading to clarify the position.
Lord Phillips of Sudbury
That is a very fair way of wrapping this up, but just to make this clear, the Minister did not refer, in responding to the amendment, to the universities as such. All that he said was concentrated on the young people at the university. However, on the basis that he will have an open mind when looking at this—because it will cost the Government nothing to make the universities consultees, and I believe that it will go some considerable way towards assuaging the concerns that are behind both these amendments—I beg leave to withdraw the amendment.
Baroness Williams of Crosby
I have a very simple and totally inexpensive proposal, which is that in issuing the guidance the Secretary of State will make plain that he or she expects a university to consult its students before deciding to agree to accept the guidance that is then issued.
Lord Bates
My Lords, I am happy to put this point on the record without further reflection. I believe that best practice should be that academic institutions should engage properly with students on how this Prevent guidance to have due regard to the guidance is going to be implemented. As we will discover in the next group, the guidance will come through an affirmative procedure in both Houses. I will reflect further on the noble Baroness’s comments ahead of that and make sure that her remarks are considered by the Secretary of State.
Baroness Williams of Crosby
In the light of that helpful response, I beg leave to withdraw the amendment.
Lord Bates
“(4A) Guidance issued under subsection (1) takes effect on whatever day the Secretary of State appoints by regulations made by statutory instrument.
A statutory instrument containing regulations under this subsection may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.”
Lord Bates
My Lords, I shall speak to government Amendments 14E, 14G and 15E. This group also includes Amendment 14F in the name of my noble friends Lady Hamwee, Lady Brinton, Lady Sharp and Lady Williams.
During our debates here and in those in another place there have been calls for the guidance that can be issued by the Secretary of State to specified authorities, which are required to have regard to it when exercising the Prevent duty, to be subject to further parliamentary scrutiny. The Government have argued that such scrutiny is not common in these circumstances. It has also been our position that, in any case, the full public consultation which has been ongoing would suffice to ensure that the resulting document was fit for purpose. As I remarked in Committee, the Delegated Powers and Regulatory Reform Committee, the experts in such matters, appears to have drawn the same conclusion.
However, I have been clear throughout your Lordships’ consideration of the Bill that we are keen to listen to the House. We recognise the strength of feeling that has been expressed on this issue, as well as the various comments which have been made about the draft guidance document that was put out for consultation. The noble Baroness, Lady Smith, has been particularly passionate in her calls for further scrutiny, and I pay credit to her determination on this matter.
The Government have therefore tabled two amendments which provide for parliamentary scrutiny of the draft guidance. Amendment 14E provides that guidance issued by the Secretary of State under Clause 28 will take effect on the day mentioned in regulations and that those regulations must be approved under the affirmative procedure. Amendment 14G provides that any subsequent revision of the guidance will also need to be approved in the same way by both Houses.
My noble friends have tabled Amendment 14F, which would have an effect similar to that of the Government’s amendments. I trust that the government amendments have provided them with the necessary comfort and reassurance and that they will feel inclined not to move their amendment.
Finally, I turn to Amendment 15E. This is a minor drafting change to remove the word “Assembly” from the term “Welsh Assembly Government”, to produce the correct term for that body, which is “Welsh Government”. This anticipates a change to be made by the Wales Act 2014, which will come into force on 17 February.
I would also like to take this opportunity to inform the House that it is likely that we will table some minor and technical amendments of this type for Third Reading, and possibly one in relation to commencement with the effect that Clause 28 would come into force on Royal Assent. This would enable Parliament to scrutinise the guidance as soon as possible. If required, we will table these further amendments as soon as possible, and I will keep noble Lords informed. I beg to move.
Lord Rosser (Lab)
My Lords, I will be brief. We thank the Minister for the meetings we have had with him on the Prevent guidance, and also for his words about the important contribution of my noble friend Lady Smith of Basildon. We also thank the Government for responding positively to the arguments we and other noble Lords have made for the Prevent guidance and any future revisions to be subject to the affirmative procedure. Clearly the guidance will be crucial, and hopefully in drawing up that guidance following the conclusion of the consultation the Government will take full note of the views that have been expressed.
In Committee my noble friend Lady Smith of Basildon asked what action was proposed to counter radicalism, recruitment and grooming online, and said that this did not seem to be catered for in the guidance which at that time was out for consultation. I ask the Minister if this issue of online radicalisation will be covered in the guidance.
Finally, the Government wish to extend the duty to have due regard to the need to prevent people from being drawn into terrorism so that it covers three and four year-olds in nurseries nationwide. Will the Government respond to another question put in Committee by my noble friend Lady Smith of Basildon, by at some stage providing information on how many nurseries, preschool providers and childminders had access to the Prevent guidance consultation document and were aware that they could respond? How many in this group did respond, and in what vein?
Lord Bates
My Lords, I am grateful for the wide welcome which the amendments have received from your Lordships. I can well understand that noble Lords want to hear more about the consultation that we had. The consultation finished on Friday, and we are now three working days in. I am blessed not only with a first-class colleague on the Front Bench in my noble friend Lord Ashton, but also with an outstanding Bill team behind me. However, even they might struggle to evaluate the 1,700 responses that have been received thus far in such a short period of time. I also know that there is a slight uneasiness—and quite rightly so—about my pre-empting the consultation outcome, as I did in Committee in relation to the provisions on advance notice of speakers. I probably should not go too much further down that route. However, this again is part of the process and part of the consultation. We will take this debate into account.
The noble Lord, Lord Rosser, asked about online safety. In paragraphs 68 and 69 on page 20 of the consultation document there is a provision which asks people to look at safety online. I also agree that the guidance will be absolutely critical in making sure that we get the right message across. We need to avoid a situation in which people see this as something which they have to fear as clamping down on freedom. They need to see it as good practice in ensuring not only the safety of their campus, but also the safety and security of our wider society. With that, I am happy to move my amendment, and I invite my noble friends not to move Amendment 14F.
Lord Bates
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.
Lord Bates
My Lords, I will just deal with a few points from this debate. This group of amendments deals with Clauses 28 and 29. I will refer first to Clause 28, particularly the now amended subsection (4A). The point was raised by the noble Lord, Lord Phillips of Sudbury, who asked whether it would be possible for the affirmative resolution, which is coming forward on the guidance, to cover more than just the date when it will be brought in, which was one reading of the amendment. I confirm, of course, that it will cover both the date and the content of the guidance. We recognise that that is a very important part. It is not clever wording trying to curtail debate. We recognise that that is the intent and I wanted to take the opportunity before we leave Clause 28 to put that on the record.
The noble Baroness, Lady Lister, in moving her amendment, asked that the Secretary of State,
“have due regard to the principle of academic freedom”,
when issuing guidance or giving direction. We have already amended the Bill to ensure that particular regard is paid by the Secretary of State to the duty to secure freedom of speech in higher and further education, as set out in Section 43 of the Education (No. 2) Act 1986. The interplay between the duty in that Act and the principle of academic freedom set out in Section 202(2) of the Education Reform Act 1988 is an interesting one.
The Education Reform Act defines academic freedom as, in particular, the ability for academic staff to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or the privileges they may have at their institutions. I well acknowledge the remarks made by the noble Baroness, Lady O’Loan, who told us very powerfully in earlier stages of the Bill about the rigours of actually teaching constitutional government—I think it was—in Northern Ireland during the time of the Troubles. We accept that what is described here is effectively a subset of freedom of speech which higher and further education institutions have a duty to secure through Section 43 of the 1986 Act.
Furthermore, I note that the 1986 Act extends the duty to secure freedom of speech not only to academic staff but also to employees, students—to whom the noble Baroness, Lady Williams, referred—and visitors. It covers both higher and further education institutions, whereas the matters referred to in Section 202 of the 1988 Act are only pertinent to the academic staff of universities.
Without going any further at this stage, I would like to reflect on what the noble Baroness said, without saying anything binding. I certainly understand where she is coming from, if it is a matter of interpretation. We just need to check that with lawyers. If she is willing not to press that amendment, I will certainly give an undertaking to look at it again and perhaps come back with some comments at Third Reading.
I turn now to Amendment 15B in the name of my noble friend Lady Sharp, which would require the Secretary of State, prior to making a direction, to inform the authority of that intention and to give the authority the opportunity to make representations before the direction is made. Any decision made by the Secretary of State must be reasonable and proportionate. In most circumstances, this would require only the steps outlined; so in that sense, we believe that this amendment is not necessary. I can also assure the House once again that it is the Secretary of State’s intention, as a matter of policy, to use this power only as a last resort, when other means of securing compliance through discussions with the authorities—who will be at liberty to make representations at that stage—have been exhausted. I should also reiterate that both the Prevent oversight board, on which our noble friend Lord Carlile sits, and the courts—to answer the point made by the noble Lord, Lord Thomas of Gresford—will play a role in the process of giving and enforcing such a direction.
To clarify, we do not want, as it were, to run to the bottom line on this point of the direction. It is a necessary consequence of making statutory the requirement to have due regard that there must be some legal doorstop. If people refuse to abide by the law then, just as with any other law, ultimately it trickles down to the court and might end up in contempt of court. We recognise that we are treading on very sensitive ground here. I am sure that all Secretaries of State will weigh that very carefully. Also, they must have particular regard when issuing that direction to the freedoms outlined in the 1986 Act.
With that reassurance to my noble friend and the promise to reflect on the amendment moved by the noble Baroness, Lady Lister, I ask noble Lords to consider not pressing their amendments at this stage.
Lord Bates
“Freedom of expression in universities etc
(1) This section applies to a specified authority if it is the proprietor or governing body of—
(a) an institution that provides further education (within the meaning given by section 2(3) of the Education Act 1996), or(b) an institution that provides courses of higher education (within the meaning given by section 579(1) of that Act).(2) When carrying out the duty imposed by section 25(1), a specified authority to which this section applies must, if subject to the duty imposed by section 43(1) of the Education (No. 2) Act 1986 (freedom of speech in universities etc), have particular regard to it.
(3) In relation to specified authorities that are subject to that duty, the Secretary of State must have particular regard to it—
(a) when issuing guidance under section 28;(b) when considering whether to give directions under section 29.”
Lord Bates
Baroness Hamwee
My Lords, I will also speak to Amendments 15G, 15H and 15J. I referred at the start of this afternoon to the infrastructure which goes along with the statutory duty created by this Bill—the bureaucracy, cost and so on. I do not underestimate or undervalue the negative impact to which I also referred earlier. I read then a part of the response to the consultation on the draft guidance from the London Borough of Sutton. It also referred to descriptions of working across borough boundaries. That made me realise that the legislation may not reflect the current realities of the way local government works.
Sutton talks about sharing,
“a great deal of information and planning with neighbouring boroughs around risk and consequent Channel planning ... This cross border risk identification and consequent planning is not considered in the guidance”.
It goes on to talk about training, and about,
“‘borrowing’ a Police Prevent Engagement Officer (PEO) from the Police in a neighbouring Borough. There is no PEO allocated to Sutton”.
It continues:
“It would clearly be impossible to provide the frontline training for staff in local authorities and education institutions and organisations suggested in the guidance without significant additional funding”.
I shall come to that on the next group of amendments, when I will talk about collaboration in training.
That is a response to the guidance, but should there be something in the Bill? Local authorities are increasingly sharing back office functions, and indeed some front office functions as well. Children’s services and adoption services may be shared, as may any number of services. So should a local authority have “a panel … in place”, as Clause 34(1) requires? I suggest that a panel should be “available” instead. An authority should have access to a panel. It would still have the duty; it would not be avoiding responsibility. But as the clause is worded, would each authority be required to have its own panel? I hope that the Minister will be able to reassure us that local authorities can share functions as I have described.
Clause 34 is about Channel, whereas the previous chapter dealt with Prevent. The point comes up here, so can the Minister confirm that guidance will allow for cross-border as well as multi-agency working? I suppose the bottom line is that the Bill should not actually make cross-border arrangements of this sort ultra vires. If that can be dealt with in guidance, fine. But as the Minister is going to be reflecting so much over the next two or three days, perhaps he could get somebody else to reflect on that point—because if we lose the opportunity to make it clear in the Bill, we shall be in trouble.
In relation to Amendment 15G, my noble friend Lord Carlile drew attention to the need to recognise that when we talk about housing providers, we do not usually mean local authorities. He mentioned the Peabody trust, I think, as probably having the most social housing in London. He mentioned a point that had not previously occurred to me, about recognising the knowledge that housing providers have of their tenants, and the important role that they can therefore play. Understandably, having heard those comments, the Minister answered in terms of the panel. But I am not so concerned about that, because Clause 35(4) provides for co-option. It does not use that term, but that is what it amounts to: there can be appointed,
“such … persons as the … local authority considers appropriate”.
It could therefore appoint a representative of the housing providers.
The amendment, which is the same as the one to which I spoke in Committee, is about the support to be provided to, or required by, an individual. Clause 34 deals with the support that the panel can provide or facilitate, and subsection (5) deals in general terms with the support plan. There is no mention of specific services in it, so housing could be read as being included in those arrangements. However, subsection (6) applies when,
“a panel determines that support should not be given”,
and is considering,
“whether the individual ought to be referred to a provider of any health or social care services”.
Why is that reference so narrow? There must be other relevant services, and I would have thought that housing was pretty obviously one of those. Stable accommodation plays an important role in stabilising someone who has a chaotic or difficult life. I have referred to “other” services because there seems to be no reason to limit the clause, as drafted. The clause does not require the provision of any services; what it requires is the consideration of whether an individual should be referred, and the arrangements to refer him. If there is no positive reason to limit the clause, I am bothered that the Government may be quite unnecessarily depriving the local authority of a tool that it could use.
I hope that, at the very least, the Minister can take this on board. Earlier today, somebody said, “I hope the Minister will go away”, and then there was a pause; let me put it as hoping that he will take away the possibility of guidance covering this issue. Similarly with my earlier point, the point here is that the Bill should contain an assurance that other referrals are within the powers of the panel. I do not read it that way, but I am happy to defer to those who are more skilled in interpreting what legislation actually means. This is another vires point, and I beg to move.
Lord Bates
My Lords, I am grateful to my noble friends for tabling these amendments and allowing us to return to the measures in Chapter 2 of Part 5, relating to programmes to support individuals at risk of being drawn into terrorism. Of course in England and Wales, these provisions relate to the existing Channel programme, which we are putting on a statutory basis. My noble friends’ contributions have benefited from great experience of local government and I will seek to address the issues raised by their amendments.
Amendment 15F relates to the duty requiring each local authority to ensure that a panel is “in place” for its area to provide support to people identified as being vulnerable to being drawn into terrorism. The amendment would substitute “available” for the current term “in place”, aiming to ensure that there is flexibility to allow for panels to be in place for combined local authority areas. I hope that I can reassure my noble friend that this amendment is, in reality, unnecessary because Clause 39(3) already provides for one panel in a local authority area to serve multiple local authorities. Local authorities have the flexibility to determine whether to run their own panel or conduct panels with one or more other local authorities.
Amendments 15H and 15J would add to the list of members of a panel any other local authority which was “served by the panel”. I assure my noble friend that the intention here is that some authorities may wish to co-operate by having one panel serving a number of areas and, in those circumstances, would want to ensure attendance by all the local authorities concerned. In certain areas this may be the most suitable approach, and the Government would support this. As I have said, Clause 39(3) already ensures that the panel must include a member from each local authority and each police force where a panel serves more than one area. In addition, the proposed legislation already anticipates other local authorities sitting on a panel by listing them in Schedule 7 as partners to the panel. This means that they are subject to the duty to co-operate with the panels under Clause 36. These additional local authorities would most certainly be invited to attend if a person from their area was under discussion.
Amendment 15G would add “housing” to the list of additional services to which a panel should consider making an onward referral if it was considered that support from the panel was inappropriate. This follows up on a point made by my noble friend Lord Carlile when we debated these clauses in Committee. There are of course many types of support which a panel could consider in these circumstances. I reassure noble Lords that the guidance which will be produced specifically mentions housing as one of these.
My noble friend asked, “Do housing providers attend Channel panels?”. The answer is yes. In Westminster local authority housing advisers have attended Channel panels where appropriate. This is particularly important where vulnerable individuals have already been allocated social housing. For matters concerning new allocations it is the responsibility of the local authority to take this forward. In relation to the Bill, it seems more appropriate to confine the list to those types of support most essential to safeguard health and immediate welfare.
I hope that my noble friend is satisfied with the explanation that has been put on the record and that I will not have to take the amendment away to think again. Perhaps she can reflect on this and withdraw her amendment.
Baroness Hamwee
Before my noble friend sits down, I should say that he referred to Clause 39, where the reference is to the “combined area”. I intended my questions to be rather broader than the combined area—where authorities collaborate to provide particular services and activities. As I understand the term—and I may be wrong in this—that does not amount to a combined area. More current experience in local government indicates that I may be right. I took my examples from the response of the London Borough of Sutton. I did not name it, but it was talking about working in collaboration with Croydon. I think both Croydon and Sutton would be pretty surprised if they were thought to be a combined area. I am prepared to reflect, but I am trying to give my noble friend an opportunity to respond, since he has not sat down yet—in the House of Lords parlance.
Lord Bates
Of course we will look again at any suggestions, particular one coming from the borough of Sutton. We are saying that, where the duty applies, and the Channel panel covers a number of local authority areas, they would be deemed combined for the purposes of the Channel programme. I am happy to look at that and perhaps it is something about which I can write to my noble friend, though I may not need to do so. Co-operation between local authority officers would be permissible, not just in combined areas. Local authorities could co-operate; “combined” is a specific term and it would cover those areas too.
Baroness Smith of Basildon
I have a very brief comment. I listened with great interest to the noble Lord’s comments. I think he was right to ask those questions, and I am sure he shares my concern that the coalition Government cut substantial funding from Prevent, so fewer local authorities have benefited in the past couple of years. There are questions to be asked of the Minister because Prevent is very important. We recognise that by making it statutory, but I regret the cuts the coalition Government have made to the Prevent programme.
Lord Bates
My Lords, in considering these amendments, I defer to the extensive and detailed local government expertise of my noble friends Lady Hamwee and Lord Scriven. Before I respond to the specifics of the amendment, I repeat that in relation to the Channel guidance, we are consulting local authorities and specifically Channel panel chairs. We would be very happy to consult London Councils—Sutton was mentioned in particular—to take account of their views and concerns and to address them in any guidance that is issued. If other local authorities feel the same, that would be welcomed.
Amendment 15K concerns the costs of implementing the duties in Chapters 1 and 2 of Part 5. The amendment would require the Secretary of State to report to Parliament on the costs incurred by specified authorities and on the grant made to meet those costs. My right honourable friend the Prime Minister has already announced £130 million of extra resource over this year and next to meet the increased terrorist threat from Syria and Iraq. Some of this funding has been earmarked for the implementation of the duty in the chapter. I am not trying to suggest that it is all going there. The vast majority, I think, is heading towards the security services for technology capability.
Channel panels already exist in all areas of England and Wales. Under existing arrangements, which should not change in practice as a result of this legislation, the Home Office provides funding for Channel police practitioners who co-ordinate activity in organising cases and supporting panels. Each of the nine police regions receives funding to support the Channel programme. For national security reasons, we do not publicly provide a breakdown of police counterterrorism spend by individual projects, capabilities, work streams or police force areas. Disclosure could identify areas where the threat to the national security of the UK is greatest and where there are vulnerabilities in different regions and capabilities. I hope that that helps in some way to explain the reasons behind this.
The Home Office also funds theological and ideological interventions—so that which is not provided by the local authorities is provided by the Home Office. We therefore do not consider that local authorities should incur extra costs as a result of the implementation of this chapter. Any statutory services provided would be met through existing funding.
Lord Scriven
The impact assessment states that extra work will happen because of the statutory duty, so the Government have made very clear that extra costs, not just to local authorities but to other statutory bodies within local areas, will be brought about by the new statutory duties. I am not clear what to follow as the specific guidance: the answer that the Minister is helpfully trying to give or the Government’s impact assessment, which is very clear about extra costs being associated with these new statutory duties—not just for local authorities but for other statutory bodies as well.
Lord Bates
I am happy to look at that. We are consulting on this. A little bit like the discussion we had on universities and higher education earlier on, it might be the case that there is some misunderstanding about the level of the duty which will be required as a result of this new law. That is the reason why the consultation will be very helpful. It is something that I will take away and reflect back on, and also feed back to colleagues in the Department for Communities and Local Government in relation to this, with whom we work closely. I will also perhaps write to the noble Lord with a little more information if I can. In the mean time, if the noble Baroness would be willing to withdraw her amendment, I would be grateful.
Baroness Hamwee
My Lords, I, too, am bemused about whether this is a new burden or whether the cost will be nil. I do not have the impact assessment with me, but looking back at the costs that I quoted in Committee on 28 January, I see that I referred to the impact assessment estimating that the total cost of the measures for England and Wales would be around £40 million, although within that, the cost of placing Channel panels on a statutory footing has been estimated at nil. Perhaps everybody is right. I am also bemused at the figure of £62 to train 10 staff. That seems remarkably little. I presume that it covers the trainer and the time of the staff being trained. My noble friend and I have both been quoting Sutton because we have had the material to help us. It is certainly right to say that in terms of London boroughs, Sutton is a small borough.
I am grateful to my noble friend for agreeing to make sure that at least the information that has been put out is correct and that there are no queries hanging over that, and particularly for his offer to consult with the umbrella organisation London Councils. I have no doubt that this topic is one which will be raised repeatedly in conversations between local authorities and DCLG, as well as with the Home Office, but I am glad to have had the opportunity to air this, and it is important that the points made by my noble friend have got out into the open. I am sorry, I am not suggesting that there has been any attempt not to reveal anything. I beg leave to withdraw the amendment.