Counter-Terrorism and Security Bill

Lord Lamont of Lerwick Excerpts

Monday 9th February 2015 Lords Chamber

[Lord Hannay of Chiswick (CB)]

My Lords, I add my thanks to the Minister for the latest amendments that he has tabled, which met very clearly points made by me and others in the debate on Report. I hope that he will not feel the need to answer too clearly the question put to him. In the professional field in which I practised for many years, clarifications were what you called changes of substance that you did not wish the Opposition to be able to say was a change of substance.

[Lord Lamont of Lerwick (Con)]

My Lords, the Minister has been absolutely showered with garlands and bouquets. I am sure they are extremely well deserved and I am very reluctant to strike a discordant note—and I will not. However, I wish to follow the point made by the noble Baroness, Lady Williams, on the guidance notes. Everyone is talking about academic freedom but in the Bill it is not just about academic freedom; it is also about freedom of speech on campuses and meetings held in universities. I am concerned about this because recently a degree of intolerance has sometimes been shown, with people trying to ban meetings in universities. Therefore, I have been a little worried about some of the things in the guidance notes.

The Minister will recall that I was puzzled, as was the noble Lord, Lord Macdonald, by his concept of non-violent extremism. I was not altogether convinced by the Minister’s reply as to what that meant. However, what really alarmed me was the substance of the guidance notes. I come to this very fresh, compared to people who have been looking at this for a long time. I drew attention to this business of having to give advance notice of what your speech was going to be about, and rating speakers from seven to 10—or one to 10—on how much risk there was of them causing a disturbance on campus. How do we rate David Irving or Marine Le Pen? These are very difficult judgments to make.

I went through a number of the provisions. In reply, the Minister just said, “Some people made a lot of fun of the guidance notes”. He did not answer any of the points. As the noble Lord, Lord Butler, said, a lot of this is pretty unworkable. It reminds me, as I think it reminded the noble Lord, a little of some regulation put forward by the FSA and the FCA. There is a lot of box-ticking in this.

I am sure that the concessions the Minister has made on academic freedom are very important. I am sure that they have satisfied a lot of people. That is thoroughly to be welcomed, but I very much hope that the points made about the guidance notes will be taken into account in any reconsideration of them.

[Baroness Buscombe (Con)]

My Lords, I also congratulate my noble friend the Minister on putting the Bill into far better shape than it was in when it left the Commons, as is so often the case in your Lordships’ House. It shows your Lordships working brilliantly together, as we do.

I agree with everything that my colleagues on the Joint Committee on Human Rights, the noble Baronesses, Lady Kennedy of The Shaws and Lady Lister, said about the clauses we are looking at now. I also say to my noble friend Lord Lamont that if he had been with us at Second Reading and in Committee, he would have been rather more assured that some of the aspects that concerned him about the guidance have already been debated at great length. I am sure that my noble friend the Minister will have taken those issues on board.

On substance, I also say to the noble Lord, Lord Phillips of Sudbury, that this is about clarification, which will make all the difference to perception. Perception is hugely important; I think of the 500 signatories who attached their names to a letter in the Guardian only last week. The Minister has responded with clarity, which is exactly what we all asked for. I thank him for that.

Finally, and with respect to my noble friend, I remind all noble Lords of the need to put pressure on whoever is in government after the forthcoming election to bring back to the House debate and legislation regarding data retention. This is an aspect that remains in the forefront of many noble Lords’ minds. It needs to be addressed further and as quickly as possible.