Yes; and I suppose that that comes from evidence. I accept that that evidence is not in the marshalled form in which the noble Baroness and the Committee might like, but it is certainly there in the evidence from the regional co-ordinators of the Prevent strategy, who say that some institutions simply do not comply and show no willingness to comply with guidance in the Prevent programme which is there already. Some do that very well; others have a willing heart, but are not doing it correctly. That is why, if this is put on a statutory footing and inspected externally, which is the Government’s case, we will have better evidence on which to measure the effectiveness of how this works on the ground. However, I will put some remarks on the record as regards these amendments.
The amendments in this group, in the name of a range of noble Lords, including members of the Joint Committee on Human Rights, seek to remove higher and further education institutions from the scope of the duty altogether, or severely to curtail the application of the duty to those institutions, whether through legislation or the statutory guidance. I recognise the strength of feeling in the Committee on this issue, and I, along with my ministerial colleagues, listened carefully to the helpful and constructive debate we had on this issue at Second Reading. I hope that it will be helpful to your Lordships if I set out why we believe that the inclusion of higher and further education institutions under this provision is so important.
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Between 1999 and 2009, as I set out in my letter, around 30% of people convicted of al-Qaeda-associated terrorist offences had attended a higher education institution. I accept, as the noble Baroness, Lady Manningham-Buller, clearly put it, that many different groups are involved in terrorism—but nevertheless, that 30% had attended a higher education institution. Young people in the 18 to 24 age group make up 30% of terrorist-related convictions.
Some students arrive at university already radicalised like some of those convicted of the “airline plot” in 2006, which the noble Lord, Lord Macdonald, who was Director of Public Prosecutions at the time, reflected on previously. Others are radicalised by external influences while at university, such as the terrorist who had studied here in the UK and who blew himself up in an attack in Stockholm in 2010, while some become influenced by non-violent extremism at university but later move on to violence, such as the terrorist responsible for the Detroit aircraft attack on Christmas Day 2009. The Prevent duty is designed to apply to sectors which can most effectively protect vulnerable people from radicalisation. There is no doubt that higher and further education is one of them.
Having explained why the Government consider it so important to have universities within the scope of the duty, I will outline some of the difficulties with limiting the scope of the duty. Amendment 104, tabled by members of the Joint Committee on Human Rights, would exclude,
“an academic function of a university or other further and higher education institution”,
from the duty. That would severely curtail the scope of the duty on university and higher education authorities, to the point where the effect of it would be the same as if the further and higher education sectors were removed entirely from the duty—which the noble Baroness, Lady Smith, said the Opposition would not support. I make clear that the Government are committed that the duty should not undermine academic freedom or genuine research into terrorism—I will come to that later in responding to another point. My right honourable friend the Home Secretary emphasised this when the Bill was considered in another place. However, if this amendment were to be accepted, an important part of the duty would be lost.
One of the most striking aspects of our debates, both at Second Reading and today, has been on freedom of speech. A number of amendments have been tabled which seek to protect freedom of speech and academic freedom. Amendments 105, 112A, 112B and 112D would place the duty on higher and further education institutions to promote freedom of speech above the Prevent duty and require that that be made explicit in the statutory guidance. Amendment 115 inserts a new clause which requires the Secretary of State to have due regard to the principles of academic freedom when issuing guidance on the duty or issuing a direction.
The Government are firmly of the view that universities’ commitment to freedom of speech means that they represent one of our most important arenas for challenging extremist views and ideologies. We fully support—as I mentioned before and said in my letter—the existing duty in the Education (No. 2) Act 1986 on universities to promote freedom of speech. However, there are good reasons why it should not be elevated above the Prevent duty.
Freedom of speech is not open-ended or absolute. The duty is to secure freedom of speech “within the law”, as the noble Lord, Lord Pannick, reminded us. A range of statutes apply on university campuses. Higher and further education institutions must take account of various considerations when assessing what the freedom of speech duty entails for them, including a range of relevant legislation. This is acknowledged explicitly in the guidance already published by Universities UK. As the document states,
“Universities have to balance their obligation to secure free speech with their duties to ensure that the law is observed, which includes promoting good campus relations and maintaining the safety and security of staff, students and visitors”.
Universities already weigh up a number of considerations when making their decisions. The Prevent duty will sit alongside other limited constraints on absolute freedom of speech which the vast majority of us accept, as indeed does the higher education sector.
Existing considerations relevant to the application of freedom of speech in universities and elsewhere include: criminal laws against the use of threatening or abusive words or behaviour; inviting support for a proscribed terrorist organisation; the civil law on defamation; and duties to have regard to the need to prevent discrimination, harassment and victimisation. The Government are determined to protect our freedom of speech from those who would intimidate us through violence or the threat of it.
This duty is in no way designed to cut across the importance of free and open debate, and there is nothing in either the Bill or the draft guidance that imposes a blanket ban on extremist speakers speaking on campus. Nor is there anything in the duty or draft guidance that would restrict legitimate debate or academic research. Existing limitations on freedom of speech have not restricted such legitimate activities in the past, and there is no reason to believe that they will in the future.
There is absolutely nothing in the duty or guidance which would, as has been alleged in the press, require universities to report “non-violent extremists” to the police, or to forbid anyone to argue, as Plato did—we have had sight of the noble Lord’s letter in the Times this morning—that democracy is wrong in principle, or to give a talk which fails to respect individual liberty.
Indeed, we have seen a number of examples of universities taking decisions that have clearly balanced a number of different considerations. One university recently decided not to allow a certain speaker on its campus because of their extreme views on homosexuality, and decided that allowing them to speak would undermine its equality and tolerance polices and would have caused real tensions within the student population. Thus the Prevent duty will sit alongside all the existing duties and responsibilities that universities must consider.
I hope that your Lordships will see that, far from encroaching on the ability of colleges and universities to ensure academic freedom, the Prevent duty will sit comfortably alongside that duty and others. It will ensure that all these institutions take seriously their obligations to ensure that people are not radicalised on campus.