Counter-Terrorism and Security Bill

Lord Deben Excerpts

Wednesday 4th February 2015 Lords Chamber

[Baroness Deech]

It is the amendments which I do not think will make any difference. Whether the noble Lord’s dire predictions will be the case remains to be seen but I am very worried about the situation that already exists with interference. I have a list—again I will not trouble your Lordships with it. There are lists of convicted terrorists who sadly went through our universities—the underpants bomber on the plane, the man who drove his car into Glasgow airport, and so on. I only wish it were as some noble Lords remember in their youth, but it is not. Because of the umpteen laws that we already have about circumscribing freedom of speech, whether or not we pass these amendments will not, in my view, make any difference, sadly.

[Lord Deben (Con)]

My Lords, we ought to realise that we are talking not just about the problems of terrorism but about something which has been much wider than that. I am very concerned about the situation in which we now find ourselves.

It is 55 years since my right honourable friend Kenneth Clarke and I debated with Sir Oswald Mosley in front of 2,000 students at Cambridge University. There were many who wanted him banned, but we said that if there was to be a new generation of students who understood the threat of fascism, they had to hear the arguments and we had to respond to them. We had the response because the Jewish Society went to huge trouble to give us all the evidence from Sir Oswald Mosley’s activities before the war. Noble Lords may remember that that would have been a time when we were a generation who knew nothing of this, but I venture to say that a whole group of people went away from university knowing how to argue the case and understanding what this very emollient, brilliant speaker was really like. It was from that moment that I became an even more enthusiastic supporter of the concept of the freedom of speech as a mechanism against extremism.

I want to say to my noble friend that we are at this moment in a very dangerous position. A close friend of mine, an Anglican priest—a man whom I would vouch for in any circumstances—has just been sacked as the episcopal chaplain to Yale because he dared to write a letter in response to others in the New York Times. It was a very moderate and reasonable letter in which he talked about the activities in Gaza of Prime Minister Netanyahu. No one in this House would have thought that an unsuitable letter to write, but he was sacked.

In the past few years, there have been many occasions in universities when people who hold unpopular views have been unplatformed in one way or another—for example, people who want to argue the case against abortion. I think that is an argument that it is proper to have on whatever side you stand. However, there are universities where it is almost impossible to have that debate.

One of the problems that we are faced with is that my noble friend has a real difficulty. We have a terrorist threat which is greater than we have had certainly in our lifetimes. It is a threat which is particularly difficult because it is associated not only in the popular mind but, because of certain facts, with a section of the community. Therefore, those of us who seek racial integration have to be extremely careful in the way in which we handle this threat, but we also have to recognise that it is a threat. It is not acceptable just to say, “Well, you know, we will just have to put up with it”. That is not where we are today.

I understand my noble friend’s problem, but I remind him that down the ages the threat of terrorism has been used to restrict the freedoms which the terrorists wish to remove. That is the fundamental problem. I worry immediately when we ask universities to inform upon and to investigate, and to assess what is a proper debate and what is not a proper debate, because I happen to believe that there are no improper debates in universities. There are improper actions as a result of debates; there are improper actions during debates; but to put a case and to argue the case is an essential part of university education.

I thank my noble friend for his amendment. If he had not tabled this amendment, I think I would have found myself very hard put to support any of this part of the Bill. However, I hope that he will have listened carefully to what others have said. I do not want universities to be able to use this as an excuse for interfering not only in these subjects but in others. That is my worry. It is not the worry as put forward in the excellent speech of the introducer of the lead amendment. My worry is that, by analogy, people will say, “Just as we have to think about terrorism in this way, so we have to think about this or that unpopular view”, whether it is an issue of left or right, an issue of morality or an issue of politics. I hope that my noble friend will give me an assurance that, if he feels that he cannot say that his amendment covers that, he will go away and think again to ensure that the narrowness which he hoped to apply to this matter is sufficiently safeguarded. I do not want to have a world in which today’s version of those students cannot have that debate with today’s Sir Oswald Mosley—with today’s fascists, communists, or extremists of any kind. If that were true, we would have sold out on a central British value.

[Baroness Sharp of Guildford]

My Lords, my noble friend Lord Deben may remember that the subsection in the 1986 Act was embedded in that Act precisely to combat the no-platform developments that had taken place in the 1980s. Like others, I hope that the Minister will have listened to this debate and may be able to give us greater clarification than there is in the amendment he has brought forward. We had a debate in the first group about the hierarchy of regard—due regard and particular regard—which perhaps has relevance to this. It would be good if one could feel that that was embedded.

Amendment 14C is in my name and those of my noble friends Lady Hamwee, Lady Brinton and Lady Williams of Crosby. So far in this debate, as we did very largely in the debate in Committee, we have talked about universities, and I was very pleased to see that the Minister’s amendment makes express reference to further education colleges. Many noble Lords may not realise that there are some 850,000 young people, aged 16 to 18 studying in further education colleges compared to 441,000 in schools. A very large number of young people in further education colleges—something like 100,000—are studying for higher education qualifications. So further education colleges are a very important part of the hierarchy.

I have a specific question for the Minister: where do sixth form colleges fall? There is explicit mention of further education colleges but there is no mention of sixth form colleges, which were in fact, under recent legislation, made into a separate category of college. Perhaps I can leave that thought with the Minister, and he and his Bill team can ponder on it and see whether it is perhaps necessary to make some minor further amendment.

Amendment 14C, which I want to speak to, is a very different amendment from the ones to date. It is a fairly straightforward amendment, which asks that the guidance, when issued,

“shall recognise the respective duties of specified authorities in the education sector … to secure freedom of speech … to promote tolerance and encourage respect for democracy and … participation in it … to offer a broad and balanced curriculum promoting spiritual, moral and cultural development”.

As I say, it is less specific, but in some ways a lot broader, than the other amendments that are being considered in this group.

Schools are already subject to a fair number of statutory duties which embody these issues. The Education and Skills Act 2008 requires schools to promote British values and respect for the civil and criminal law, to further tolerance and harmony between different cultural traditions, and to encourage respect for democracy and support for participation in it. The Education Act 2002, which is referred to in the Academies Act 2010, requires schools to offer,

“a balanced and broadly based curriculum which … promotes the spiritual, moral, cultural, mental and physical development of … the school and of society, and … prepares pupils at the school for the opportunities, responsibilities and experiences of later life”.

The Education Act 1996 includes duties not to express,

“partisan political views in the teaching of any subject”,

or to allow pupils to pursue “partisan political activities”.

We have rather deliberately widened the framework in the amendment we have put forward. It is important to recognise that very many young people of the ages of 15, 16 and 17 who are in schools or colleges are very susceptible to the propaganda of extremism. They are active users of Facebook and other social media and, as adolescents, are keen to challenge authority. Throughout their lives, they have often lived, through television, with violence and horror. Our education institutions, as a whole, have a very important role to balance these influences and, as we say in this amendment,

“to promote tolerance and … respect for democracy”.

We talk about British values, but surely at the heart of British values is freedom of speech.