Counter-Terrorism and Security Bill — House of Lords, 2015-02-04
Topic: Civil Rights
Michael Bates (Conservative, Centre-right): The definition that we are working to—I shall put it on the record for my noble friend as we have been through this a number of times in Committee—is, "vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty, mutual respect and tolerance of different faiths and beliefs" We also include in our definition of extremism calls for the death of members of our Armed Forces. People may want to argue with that or take issue with it, but that is the definition we are working to The point that I wanted to make, in referring back to the earlier Statement, relates to something that the noble Lord, Lord Scriven, asked me about. In Rotherham, one of the central findings of Louise Casey’s report was that because of "cultural sensitivities", people had failed in their duty to protect children at risk in that area. We cannot be in that position. All that we are interested in here is protecting the liberty of the entire community of the United Kingdom. That includes people of all faiths and none, from a range of different backgrounds and traditions. I wanted, first, to put a marker down for that principle—that we need to focus above all on the values of democracy and individual liberty, which some people would seek to undermine The second point made was a fair one—that what we should be doing with Prevent is, at best, not something imposed from the top down. The noble Lords, Lord Hussain, Lord Scriven and Lord Judd, and my noble friend Lady Hamwee made that point. That is why, in the consultation on the guidance, we have said that we want people to come up with their own plan. We cannot not have a plan for dealing with something that is focused on trying to undermine the things that free speech, universities, schools and British values are all about. We cannot step aside from that. But if ideas come from the bottom up, so much the better. That would be entirely compliant with the spirit and the letter of the Bill I shall now deal with a couple of the specific points in the amendments. Amendment 13A probes the use of the word "due " in the context of the requirement in Clause 25 to have "due regard" to the need to prevent people from being drawn into terrorism. The amendment probes why the word "due" appears here but not in Clause 28, which requires specified authorities simply to "have regard" to guidance issued relating to compliance with the Prevent duty. This is quite a technical drafting point, but I will seek to address my noble friend’s concerns. The term "due" in Clause 25 indicates that, in the exercise of their functions, specified authorities will need to have regard to a number of different factors and the intention is that by stipulating that they must have, "due regard to the need to prevent people from being drawn into terrorism", they place sufficient, proportionate weight on this consideration among the many that are relevant to the performance of those functions. In complying with the Prevent duty, however, authorities should have regard to only one guidance document, so there is not the same requirement to weigh up competing guidance and "due" is therefore unnecessary here.