argyrotsipi/train-dataset huggingface dataset:
Counter-Terrorism and Security Bill — House of Lords, 2015-02-04
Topic: Civil Rights
Haleh Afshar (Crossbench, Unknown): My Lords, I should like to speak in defence of the amendment, because, more and more, parliamentary legislation is identifying Muslims as "the others", or the enemy within. The "otherisation" of an entire community through insensitive approaches which do not give them the leeway to fit in is the surest way of driving them away and towards actions that are undesirable on all sides, and which their religion forbids If people are defined by their religion, and if the strategy is such that they cannot find a person to whom they can comment or a position to which they can adhere, then, given the difficulty of the alienation created by these labels, I fear that violence will become an alternative. I hope that the House will take heed and offer a far more inclusive approach rather than one which is intent on labelling certain groups and faith groups as "others".
Counter-Terrorism and Security Bill — House of Lords, 2015-02-04
Topic: Civil Rights
Nuala O'Loan (Crossbench, Unknown): My Lords, I speak to Amendment 14 in the name of the noble and learned Lord, Lord Hope of Craighead. I have put my name to this amendment, which is designed to give absolute clarity to the continued protection under the law of freedom of speech in our universities, something which the Joint Committee on Human Rights strongly recommended in its legislative scrutiny report. This amendment is very simple. The noble Baroness, Lady Lister, has spoken clearly on its effect. It locates the statutory duty to protect freedom of speech squarely in Clause 25. It gives clarity to the fact that the new statutory Prevent duty, subject to the existing obligations of universities, polytechnics and colleges to take such steps as are reasonably practicable to ensure freedom of speech within the law, is secured for members, students and employees of the establishment and for visiting speakers I thank the Minister for his movement and recognition of some of what was said in Committee. However, throughout his amendment he adverts to the duty in relation to freedom of speech in universities which is imposed by Section 43(1) of the Education (No. 2) Act 1986, in terms both of the relationship between the new duty and the duties imposed under that Act on the universities, and of making the Secretary of State have "particular regard" to that duty in any guidance or directions issued. The difficulty I have is that surely universities must not only have particular regard but also comply with their obligations under Section 43. Therefore if they are trying to have due regard to a duty to prevent people being drawn into terrorism at the same time as having particular regard to something which they must do anyway, there is a conflict for them in the hierarchy, to which the noble Baroness, Lady Lister, referred With respect, the amendment tabled by the Minister, Amendment 15D, is not as clear or effective as Amendment 14. I urge him to think very carefully about its limitations, and to accept the very real concerns articulated by so many leading academics and university vice-chancellors and chancellors that this Bill will seriously affect freedom of speech in the country. It will also affect our international reputation as the guardians of freedom of speech. The Prevent duty, as articulated in this context, would be a very blunt instrument. It will not prevent terrorists from using our universities as breeding and grooming grounds. That is best done by using more sophisticated means to identify and infiltrate groups who seek to recruit to terrorism through coffee shops, bars and things like that. We have a real battle to fight, but we must be cautious in the processes that we use so as to secure maximum impact in the fight, not to generate further unnecessary problems.
Counter-Terrorism and Security Bill — House of Lords, 2015-02-04
Topic: Civil Rights
Ruth Deech (Crossbench, Unknown): 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.
Counter-Terrorism and Security Bill — House of Lords, 2015-02-04
Topic: Civil Rights
Haleh Afshar (Crossbench, Unknown): My Lords, I speak as a teacher of courses on Islam and the Middle East, in both the UK and Strasbourg. I support the statement of the noble Lord, Lord Phillips, as I am beginning to feel that it will be impossible to teach a course that explains what Muslims think, what their ideas are or the way they think without at one point or another being accused of promoting terrorism. My courses are controversial. Particularly, Muslims object to what I say. Parents of Muslim women object to what I say, as do many British people. I would like to feel that universities remain places where people such as myself can teach courses that are controversial but can be enlightening and prevent future terrorists from finding that they have no refuge anywhere.
Counter-Terrorism and Security Bill — House of Lords, 2015-02-04
Topic: Civil Rights
Onora O'Neill (Crossbench, Unknown): My Lords, I add my voice to these questions about the guidance that may be issued. I very much welcome the fact that such guidance would have to be approved by both Houses before it came into force but we have heard about one sort of guidance which raises particular fears for anybody who cares about freedom of speech or academic freedom I must declare an interest. Yesterday evening, I was a visiting lecturer at Canterbury Christ Church University, speaking on an extremely dangerous topic: freedom of expression. I distinguished different conceptions of freedom of expression and had a very engaged audience who had a great deal to say and came from many directions. Now, I said the other day in our debate that I am not one of those lecturers who always has her full text available in advance. I give too many visiting lectures in the course of a year—probably about 40—for that. At that rate, as this is an ancillary, unpaid activity, I cannot be held responsible for producing text at some defined moment such as a fortnight ahead. I would simply have to give it up. I hope the Minister realises how much of the intellectual life of our country flows through visiting occasions—seminars, lectures, panel discussions and the like—in and also beyond universities for which providing prior texts is just not feasible I have a definite point to make here. The first arguments about freedom of expression—which we then called freedom of speech or freedom of the press in this country—opposed the idea of prior restraint. The former Member of Parliament for Hull, Mr John Milton, put this argument admirably in the mid-17th century in his great work, Areopagitica. Prior restraint is what he called "licensing" and "misdoubt". Can the Minister give the House an undertaking that we will not get into prior restraint, thereby taking British values back to where they were in the middle of the 17th century, if not further? Without prior restraint, some things can go on. It is not enough but I think the House would probably welcome an undertaking from the Minister when he winds up that prior restraint will not be one of the methods by which guidance is imposed.
Counter-Terrorism and Security Bill — House of Lords, 2015-02-04
Topic: Civil Rights
Robert Armstrong (Crossbench, Unknown): My Lords, I declare an interest as a former Permanent Under-Secretary of State at the Home Office and as a former chancellor of the University of Hull. I have therefore listened to this debate with great interest and concern. I find myself in a situation that was described in Committee by the noble Lord, Lord Pannick. I agreed with everything he said then, although I shall not repeat it The debate has swayed around the issue, and it seems very difficult for us to try to assign primacy between the duties under the Bill and the duties towards freedom of speech. The duty of preserving freedom of speech is, as so many speakers have said, of fundamental importance. However, we have seen that it is possible for people who wish to do so to be rather successful in radicalisation within the restrictions on freedom of speech within the law, so I have sympathy with what the Government are trying to achieve The merit of Amendment 14A proposed by the noble Lords, Lord Macdonald and Lord Pannick, and Amendment 15D proposed by the Government is that while the duties obviously conflict, the ultimate choice of what to do is left to the universities. No primacy on one or the other duty is expressed. The decision is left, presumably case by case, to the universities. That seems to be almost the only position possible if we are to retain some kind of inhibition on radicalisation in places of higher education.
Counter-Terrorism and Security Bill — House of Lords, 2015-02-04
Topic: Civil Rights
Richard Scott (Crossbench, Unknown): My Lords, there have been some memorable speeches this evening. I want to add just a word or two. I have an interest: I have four children, two of whom are Muslims, and 12 grandchildren, seven of whom are Muslims. They are as indignant as anybody else about the outrages that are committed from time to time by members of their religion. They would be wholly supportive of everything that has been said in this debate Amendment 15D, as proposed by the Minister, seems to deal satisfactorily—with some exceptions which I propose to mention—with the main issue in this debate; that is, to reconcile the conflict between, on the one hand, the duty on universities to encourage and allow freedom of expression, and, on the other, the Clause 25(1) duty to protect people from being influenced into terrorism. Amendment 15D seems to deal with that, subject to some grammatical points on its second subsection where it refers to the two relevant duties One of the duties, imposed by Clause 25(1), is to protect people against terrorism; the other, under the Education Act (No. 2) 1986, is to allow and encourage freedom of speech. Those two duties are often in conflict, and the reconciliation between them is sought to be done with subsection (2) of the proposed new clause in Amendment 15D. It says: "When carrying out the duty imposed by section 25(1)"— which is the protection against terrorism, "a specified authority", such as a university, "to which this section applies must, if subject to the duty imposed by section 43(1) of", the Education Act, "have particular regard to it" I read that several times as I was quite uncertain which of the two duties the "it" referred to. I hope it was referring to the freedom of speech duty but, as a reading of the subsection shows, it is grammatically perfectly capable of referring to the Clause 25(1) duty. That really ought to be sorted out before this amendment becomes final. It could be dealt with perfectly easily by ending subsection (2) with the words: "having particular regard to the freedom of speech duty" In subsection (3) of the proposed new clause, there is again this ambiguity as to what "that duty" refers to. There are two duties and it might be referring to either. I think that the duty being referred to in subsection (3) is probably the Clause 25(1) duty. These might be described as pedantic points, but they are the sorts of points that a chancery barrister, as I was when I began my legal career, would love to make in taking up the time of a judge in court. Goodness knows what answer the judge would give: different judges might give different answers, and that would mean that the legislation had a flaw in it. It is an ambiguity that needs to be corrected.
Counter-Terrorism and Security Bill — House of Lords, 2015-02-04
Topic: Civil Rights
Dafydd Elystan-Morgan (Crossbench, Unknown): There is no specific reference, of course, in the new clause, Clause 29, to Section 202 of the 1988 Act. The Minister is, no doubt, well aware that the Joint Committee’s report speaks of the necessity for a specific reference to Section 43 and Section 202 in the very same breath. In other words, my submission is that one is the obverse of the other. Section 43 of the 1986 Act guarantees freedom of speech and academic freedom, as it refers to students, employees and so on. Section 202 of the 1988 Act is the obverse of that in that it refers to the freedom of a person to do those things and yet retain employment. The two are inseparable, in my respectful submission.
Counter-Terrorism and Security Bill — House of Lords, 2015-02-04
Topic: Civil Rights
David Hugh Alexander Hannay (Crossbench, Unknown): My Lords, before the Minister sits down, he has not really addressed the issue of whether between now and Third Reading he will have another look at his draft of Amendment 15D. It has been broadly welcomed across the House, but imperfections in it have been noted, mostly notably by my noble and learned friend Lord Scott, which the Minister has not addressed. It would be helpful if he would now reflect a little on whether the new clause inserted by Amendment 15D could be improved by some very modest clarification. At the moment, it reads like a piece of parliamentary draftsmanship: that is, totally incomprehensible to most members of the human race Some of the amendments, such as Amendments 14 and 14A, are much clearer to a normal reader in their meaning. This clarity is rather important because the concerns that have been expressed about freedom of speech and academic freedom are not going to be settled simply by cross-references to some article in some other piece of legislation. I hope that the Minister will look at that between now and Third Reading. I believe that it will not change one iota the thrust of what he is trying to achieve, which I am sure he will succeed in doing by this article.
Counter-Terrorism and Security Bill — House of Lords, 2015-02-04
Topic: Other
James Hope (Crossbench, Unknown): My Lords, in view of the hour which we have reached, I am sure that all noble Lords would like me to bring this debate to an end as soon as possible. First, I thank all noble Lords who have spoken. This has been a debate of very high quality, and many interesting points have been raised. I am most grateful for the answer the Minister gave on Scotland, which satisfies me. We can no doubt return to that by order, if necessary As for the rest, I think that it is a search for clarity. I ask the Minister to bear in mind the contribution of the noble and learned Lord, Lord Mackay of Clashfern, and the point made by the noble Baroness, Lady Williams of Crosby, when she was complimenting the Minister on Amendment 15D. I think she said, "We are not there yet". In a way, that sums up the essence of the debate. Many points have been made in various ways and many questions have been asked which the Minister clearly has not been able to answer. I think we are reassured by the open mind which he expressed in his concluding words. In view of that, the proper thing for me to do is to beg leave to withdraw the amendment.
Counter-Terrorism and Security Bill — House of Lords, 2015-02-04
Topic: Mixed Topics
Nuala O'Loan (Crossbench, Unknown): If a university has a group of people who want to hold a meeting, or if an academic wants to bring a speaker in, and the purpose is to challenge vociferously something which the Government have done, could that not conceivably constitute non-violent extremism? Could the university not, under the directions to be issued by the Secretary of State, find itself in a position where it has to determine whether or not it allowed that meeting to take place? That is all I was saying.
Counter-Terrorism and Security Bill — House of Lords, 2015-02-04
Topic: Mixed Topics
Frederick Butler (Crossbench, Unknown): My Lords, I too am grateful for the consideration that the Government have given to this matter and, in particular, to the powers of the independent reviewer. I am also grateful to the Minister for the frankness of his speech and for the way he has reported the reactions of the independent reviewer, which are obviously not an absolutely wholehearted welcome. I think it is excellent that the powers have been extended in the way that they have been I have an open mind on the amendment of the noble Baronesses, Lady Hamwee, Lady O’Loan and Lady Ludford. I think that it would be good if the independent reviewer had the power—not the sole responsibility—to look at any provision of immigration and nationality law to the extent that it is used for counterterrorism purposes. That is clearly within his remit. The Minister himself said that it might very well be that Mr Anderson will be asked to be the person to report on the operation of the closed procedures in Part 2 of the Justice and Security Act. Therefore, I am rather sympathetic to those amendments and I do not think it would be very difficult for the Government to accept them However, I am sympathetic to the Government’s wish not to have too much duplication in this area. As a member of the Intelligence and Security Committee, which also roams over this area, I would like to say that we, too, have no problem with Mr Anderson. His co-operation with us is very good. We have no difficulty with the fact that we are looking at things which he is also looking at On his reservation about access to secret material, I am afraid that this intensifies my concerns about the very existence of the Privacy and Civil Liberties Board. I think it is an improvement that Mr Anderson is to be consulted on and will have influence over the appointment of the members of the board and that it is there to support him. He has asked that he should have a written assurance that he should have access to all the secret material that he wants. I am sure that the Government would not have the slightest difficulty in giving Mr Anderson that assurance. But it complicates his relationship with the board, because, as the noble Lord has just said, the Government might well have reservations about that very secret material—the freedom to have the most secret material there is extended to the members of the board. I think that may be unnecessary. Clearly it would be difficult for Mr Anderson if he has access to material and the board has not All this leaves me with doubts about the utility of the board. I am glad that it is there to support Mr Anderson. I know that he needs more support. In responding to this, can the Minister say whether it is intended that the secretariat of the board should be the extra support that Mr Anderson needs? I do think that he needs extra support, but I would like to see the support there without the existence of the board, the utility of which I greatly doubt.
Counter-Terrorism and Security Bill — House of Lords, 2015-02-04
Topic: Mixed Topics
Frederick Butler (Crossbench, Unknown): The way the noble Baroness talked about the relationship between the independent reviewer and the board underlines the importance of the point made by the noble Lord, Lord Thomas, about clarifying whether the board is to be supportive or consultative. She talked as if the board was going to be part of the support staff for the reviewer, which would be excellent—but in that case, it is rather funny to call it a board. Why not just call it his staff?
Counter-Terrorism and Security Bill — House of Lords, 2015-02-02
Topic: Mixed Topics
James Hope (Crossbench, Unknown): Could the noble Lord clarify one point? I may have done so incorrectly, but I took him to say that, if a humanitarian organisation paid money to a gate-keeper that happened to be a proscribed organisation, that would be taken as assisting that organisation. The humanitarian organisation would therefore be open to prosecution and to the seizure of passports, which the amendment deals with. It is important to be clear on this because there are people listening—those from the Muslim charities in particular —who are deeply concerned about whether they are at risk. That might not have been quite what the Minister meant to say, but I would be grateful if he could clarify that.
Counter-Terrorism and Security Bill — House of Lords, 2015-02-02
Topic: Other
Simon Denis Brown (Crossbench, Unknown): I was not relying on any reconsideration as a basis for not dividing the House. I merely say that it still remains open to the Government if they suddenly see the light. In the mean time, I take such comfort as I can from the words uttered today by the Minister. I beg leave to withdraw the amendment.
Liaison Committee — House of Lords, 2015-03-12
Topic: Mixed Topics
William Laming (Crossbench, Unknown): My Lords, before the noble Lord replies, I hope the House will agree with me that the four reports which have been produced this year are of a uniformly outstanding quality. The post-legislation report on the Mental Capacity Act exposed serious problems about its implementation, and I am pleased to say that the Government have taken that on board. The soft power report has already been mentioned, and I thought that the report on the Arctic was, for someone who knows nothing about the subject, quite outstanding. Lastly, the report on affordable childcare was very instructive and will help the future Government, of any kind, to take those matters forward. We must not lose anything of the quality of these reports, because they reflect very highly on your Lordships’ House.
Serious Crime Bill [HL] — House of Lords, 2015-03-02
Topic: Civil Rights
Elspeth Howe (Crossbench, Unknown): My Lords, Amendment 5 after Clause 70 is clearly a well intentioned measure, but I am concerned that if mandatory reporting of FGM is implemented in isolation it could have unintended consequences. Like my noble friend Lord Patel I am worried, in particular, that professionals will have no discretion and will be obliged to report, even when it may not be in the best interests of the child. The evidence from other countries where mandatory reporting of child abuse in general has been introduced suggests that there could be similar unintended consequences if a duty was introduced for FGM. Most notably: women and girls could be discouraged from seeing healthcare professionals because of concerns about catapulting themselves or friends and family into criminal investigations; professionals may seek to avoid discussions that could lead to disclosure if they are fearful of the consequences; and individuals would be likely to report on any occasion when they come into contact with a girl who they believe has undergone FGM, resulting in a girl being visited by police or social workers on multiple occasions in the short space of time before they are 18, which could be a fairly traumatising experience Will the noble Baroness please clarify what would happen in instances where the duty to notify police of FGM is not in the best interests of the child? Surely it is vital that the guidance on this piece of legislation is fully and carefully considered, and that experts who deal with these cases are fully involved. Can she also clarify the intentions for the guidance on how this duty will be implemented, and confirm whether this guidance will be subject to full consultation?