Counter-Terrorism and Border Security Bill

Debate between Baroness Williams of Trafford and Baroness Howe of Idlicote

Monday 17th December 2018 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I thank the noble Baroness, Lady Howe, and the noble Lords, Lord Morrow and Lord Stunell, for their points. All I can say on the back of the point made by the noble Lord, Lord Stunell, is: thank God we do not live in the 17th century.

I start by making it clear that when the Government refer in the various documents mentioned by the noble Baroness to Prevent applying to “all forms of extremism”, that means that Prevent applies to far-right extremism as much as it does to Islamist extremism—and, indeed, to Sikh-related extremism, Northern Ireland-related extremism, et cetera. This is a relatively new change, as the Prevent strategy pre-2011 applied only to Islamist extremism. This was clearly inequitable and not reflective of the threat, so it was changed. What is not meant by that expression is that Prevent should apply to all degrees of extremism. All our guidance has tried to be clear that Prevent is of relevance only where the extremism is such that there is a risk of people being drawn into terrorism. That is how the duties are framed in statute, and the point is made many times throughout the two pieces of statutory guidance: the Prevent duty guidance and the Channel duty guidance. I accept that there are occasions in those documents when the full formulation is not used for the sake of brevity and style. However, we believe that, when read as a whole, and in conjunction with the 2015 Act, the true meaning is clear.

I also emphasise that we have not seen any evidence to suggest that practitioners are misinterpreting the guidance documents to try to apply them to those forms of extremism which do not risk drawing people into terrorism, but I appreciate the example provided by the noble Lord, Lord Morrow, and I would be grateful if he would forward it to me. Certainly, the rigorous assessment within the Channel process ensures that no one is likely to be offered support unless that connection to being drawn into terrorism is there. We must not forget that, in any event, Channel support is entirely voluntary.

All guidance reaches a point where it needs to be updated, and we are committed to doing so when the time is right. Since the Prevent and Channel duties were introduced, there has been much good practice and many case studies which a new version would look to contain. Noble Lords may also be aware that just last week the Court of Appeal heard a case relevant to this matter and the Government eagerly await its judgment, which may well have implications for how a future revision of the guidance is drafted. But we do not know how long it will be before the judgment is handed down and it would be a mistake to attempt to revise the guidance beforehand. In addition, the drafting process, collecting good practice and going out to public consultation is likely to take several months.

The process of revising guidance is not a quick one if we are to get it right. The Government accept that it will become necessary to do so at some point in the not too distant future, but it would be damaging to what we are trying to achieve with Clause 19 should implementation of that clause be delayed while new guidance is drafted. The almost inevitable outcome, should such an amendment become law, is that the production of new guidance would be rushed so as to limit that damage, resulting in an inferior product, with much-reduced consultation and input from practitioners. Given that the guidance must be approved by Parliament before being issued, your Lordships’ House would be required to debate an inferior product that I would not wish to lay before it.

While I would not wish to commit the Government to a specific timeframe for producing new guidance, I can say that in any event the guidance will need to be reviewed as part of the post-legislative review process that takes place five years after enactment. The fact that the Act in question received Royal Assent in 2015 means that a review and revision of the guidance will happen no later than 2020. When we revise the guidance, we will be sure to take on board the comments that the noble Baroness has made and make it clear exactly what kind of extremism is covered by the Prevent duty and the guidance, and what is not. Prevent is not and never has been any form of thought police, nor has it been about suppressing dissent. It is of course, as I said earlier, about safeguarding vulnerable people.

I hope I have been able to allay the noble Baroness’s concerns and that she will feel happy to withdraw her amendment.

[Baroness Howe of Idlicote]

My Lords, I thank the Minister for what she has said. I thought when I was speaking that I got an indication that there would be some action within 12 months, but as she spoke I became rather more worried by the time that everything is going to take.

[Baroness Williams of Trafford]

I thank the noble Baroness for allowing me to intervene. Twelve months from now brings us virtually into 2020.

[Baroness Howe of Idlicote]

All right. That is reassuring—to everyone, I hope.

I thank everyone who has taken part in the debate, and I thank the Minister herself for what she has said to us all. I certainly hope that the nature of the problems that we have highlighted during this debate is such that rather more detailed consideration might be given to bringing the whole timetable forward. That would certainly be a great help. The sooner it is done, the better, even if the timetable is really around the 12-month timing. On that basis, I beg leave to withdraw my amendment.