Counter-terrorism and Security Bill

Matthew Offord Excerpts

Tuesday 10th February 2015 Commons Chamber

[Mrs May]

I have been very generous in giving way, and I should now like to make a little more progress. Let me simply say to my hon. Friend the Member for Cities of London and Westminster (Mark Field) that the duty is that which is in the legislation, and that the guidance will be revised in accordance with our response to the consultation. The Secretary of State will also be required to have particular regard to freedom of speech and academic freedom when issuing guidance, or when giving a direction to an educational body that has failed to discharge the duty.

Lords amendment 17 allows the Secretary of State to nominate suitable monitoring authorities for further and higher education institutions, and obliges relevant bodies to provide them with such information as they require, including information about the steps being taken to improve performance. We fully expect institutions to co-operate with the authorities, but there may be rare cases in which institutions do not co-operate. Lords amendment 18 provides for the Secretary of State to give directions to relevant further and higher education bodies when they have failed to supply information, and the Secretary of State can, if necessary, seek a mandatory order from the court to enforce any such directions. Lords amendments 14 and 15 provide that the guidance underpinning the duty will be subject to the affirmative procedure, which will ensure further scrutiny of it before it takes effect.

There are a number of more minor amendments to this part of the Bill and the corresponding schedules. Lords amendments 12 and 13 would ensure that, if further bodies are made subject to the Prevent duty in the future, there will be greater flexibility to make it possible to focus on particular functions of the authorities, while Lords amendment 19 makes it clear that functions exercised outside Great Britain are not subject to the duty. Lords amendments 34 to 39 tidy up entries in the schedules listing the Prevent specified authorities and the Channel panel partners. Lords amendments 26 and 30 allow the Government to amend those schedules by order at any time after Royal Assent, subject to Parliament’s approval of the changes.

The amendments to part 7 relate to the remit of the independent reviewer of terrorism legislation and his relationship with the proposed privacy and civil liberties board. They reflect the extensive debate that has taken place in both Houses, and the views that have been expressed by David Anderson QC. Lords amendments 21, 22, 25 and 27 make changes to the statutory remit of the independent reviewer to include areas of counter-terrorism legislation that are currently not subject to independent oversight. They also allow for a greater degree of flexibility in the reporting arrangements relating to the Acts that are within his purview. Lords amendments 23 and 24 make it clear that the independent reviewer will chair the privacy and civil liberties board, which in turn will operate under his direction and control.

[Dr Matthew Offord (Hendon) (Con)]

I have received several e-mails from constituents who are worried about the speed with which the Bill will be implemented. The Home Secretary has allayed some of my fears, which will enable me to support the Bill, but will she tell us more about the policy and civil liberties board, and about when it will come into effect?

[Mrs May]

I will say a little more about the board later in my speech, but I can tell my hon. Friend that, as certain matters will have to be dealt with, it will not come into effect in the immediate future. As for the amount of time that has been given to the Bill, it has indeed had a faster track through Parliament than a normal Bill, with the agreement of the Opposition. There has, however, been considerable debate both in the House of Commons—and the Committee stage was taken on the Floor of the House—and in another place. Yesterday, during the final debate in another place, a number of their lordships expressed their gratitude for the amount of time that had been made available and the amount of scrutiny that had taken place. So I think there has been sufficient scrutiny.