That question opens up a whole new debate. We are dealing here with two specific statutory instruments. I know that there has been some tension in the coalition, particularly in the Treasury, with the Chancellor delivering his Budget and a separate Budget being delivered by the Chief Secretary to the Treasury, and I wanted to be clear about whether this particular proposal was Government policy or just Conservative policy. I was seeking guidance on that.
The focus on external speakers could create the risk that we ignore internal extremists. Where in the guidance is the specific reference to that threat? What would happen if a university’s Sunni society was agitating against the university’s Islamic or Shi’a societies? Have the Government considered the implications of such a situation for a university’s best practice?
While we are talking about universities, I also want to ask about the IT requirements. The guidance seems to imply that all universities should introduce the filtering of internet access through the university. Can the Minister explain the degree of filtering that would be involved? Is he confident that software exists that can do the job accurately? In the past, the platforms most commonly associated with extremism have been Facebook, Twitter and YouTube. Would students be prevented from accessing YouTube? Does the Minister expect this provision to apply in accommodation provided by the university, such as halls of residence or other housing provided to accommodate students? Can he confirm that the provision will not extend to a requirement for universities to collect data on internet sites accessed by their students?
We know that the Oxford and Cambridge unions, both of which are private institutions that have a history of giving a platform to high-profile racists and extremists, are excluded from the terms of the guidance. Why did the Government choose not to specify in either the Bill or the Prevent guidance that those organisations should be covered by the duty?
There are measures in the guidance that we very much welcome. We recognise that it has been significantly improved since the draft guidance was published over Christmas. Most importantly, we recognise that it is an extremely important document. Counter-extremism is a vital part of our counter-terrorism strategy. But there are some flaws, which I have identified, that show that the Government are playing catch-up at the end of this Parliament for neglecting counter-extremism for their first four years. Because of that, we are not where we should be today.
I wish briefly to discuss the second statutory instrument before us, which sets out the procedural rules of judicial hearings in relation to temporary exclusion orders. Thanks to the Opposition, the 2015 Act contains judicial oversight for TEOs. I welcome the provisions in the Act and in these regulations today, which will enable judicial proceedings to hear sensitive and confidential information. It has always been the Opposition’s position that strong powers, such as TEOs, require strong checks on this power, and these regulations will enable those strong checks. Of course, the need to protect sources and sensitive information will impinge on the operation of the courts, but, as we have seen with control orders and
subsequently TPIMs, that does not mean the courts cannot provide an effective check on Executive power. We think these regulations will be able to do that. We would add a slight caveat: the regulations are complex, as are the proceedings they are covering. We hope the Government will commit to keeping them under review and will be prepared to come back to this House with amendments if issues do arise during court proceedings that require the passing of further legislation.
5.51 pm