Counter-Terrorism and Border Security Bill — House of Lords, 2018-11-12
Topic: Civil Rights
Robert Andrew Stunell (Liberal Democrats, Centre to centre-left): Amendment 55 relates to the recording of information about those who are referred into the system and provides that we should collect information on ethnicity and religion. The amendment’s current phrasing of "religion" may not be the most elegant way of putting it, and "what religious belief, if any, the individual professes" might capture the purpose more clearly. In any case, I see the amendment as a ranging shot for the debate on Amendment 57 which will follow. Its purpose is to give some meaningful and useful additional information which would be published in the annual statistical review to which I referred in the debate on the previous amendment There are numerous statistics at the moment, some of which have already been quoted. Perhaps the most outstanding is that, in 2016-17—the statistics for 2017-18 have not yet been published—6,093 people were referred to the process. As has already been said, a very much smaller number actually went into a Channel programme: some 6% of those who were referred. There are various staging posts along the way, which meant that some 36% of people were filtered out because nothing needed to be done and 45%—almost half—were referred in a different direction not related to terrorism at all, although they might have had vulnerabilities that needed to be addressed. That left 19% who got as far as serious consideration, of whom approximately one-third were directed into a Channel programme All that is in the current summary. The summary also states the gender of those referred, says something about the age profile, and says quite a lot about the region of the country from which they come. However, it says nothing about the ethnicity, culture or religion of those who are referred. As was said earlier and is well known, at a time when there are significant community fears and suspicions about the way that this programme operates, the absence of that information makes it very difficult for anybody, including the Minister, to rebut their fears that the system operates in a discriminatory way, possibly as a result of unconscious bias or as a result of people looking slightly too Muslim. How do people actually get into the programme? We do not know how it works. Are there groups of the population who find themselves disproportionately targeted, or not? Given that 94% of those who are referred do not finish up in the Channel programme, is the ethnicity of the 94% who do not make it into the Channel programme different from that of the 6% who get through all the filters At Second Reading I made a number of points about the referral rate and a procedure which I described as producing duds. However, I should qualify that immediately by saying that only 36% of referrals were duds, 45% showed vulnerabilities but had nothing to do with terrorism, and 19% merited further investigation on grounds of potential vulnerability to terrorism. The police made 32% of all the referrals. Therefore, my first question to the Minister is: did they get it more right than schools, universities and colleges, which also referred 32%? In other words, is it stop and search revisited, or did most of the Channel cases which finished up in the Channel programme itself come from the police referrals, indicating that the police were in fact uniquely good at getting it right? We do not know because we do not have the fundamental information needed to assess it We therefore do not know whether communities are proportionately or disproportionately referred or which referring agency is better or worse at hitting the target—that is, getting relevant people referred in the first place and through to Channel programmes at the end of the process. Are Asian men disproportionately reported and therefore in the 94% but then not seen as at risk? That would perhaps be evidence of unconscious bias in how referrals are made. Or perhaps that is not the case, in which case the Minister could stand and face community representatives and say that the evidence supports the contention that it is always done fairly and proportionately. There is also a small subset where more information might be useful operationally anyway. The religion and ethnicity crossover is relevant when there are converts and newly radicalised white referrals. How many of those have there been? We do not know the answer to that either The Minister might say that to extend the statistical reach in this way is costly and disproportionate and all those kinds of things. However, the public good that would come from being able to answer these questions is substantial, and it is well worth recording something that would be blindingly obvious to the people on the Channel panel, who will automatically take into account the ethnicity and the religious and cultural background of the people they are assessing. In case the Minister goes the other way and says that the amendment is too narrow in the information it would add to the statistical summary, I should add that Amendment 56 is the catch-all that would allow Ministers to tell us what other factors need to be taken into account to make this a meaningful document. I beg to move.