My Lords, yet again we have had an interesting and knowledgeable discussion. Noble Lords have rightly paid tribute to the Minister for his consideration of the issues that have been raised. It is unfortunate that when the issue was discussed in the other place we had not previously had any sight of the guidance—we were still waiting for the response to the consultation—but it was helpful that during those debates the Minister was able to say to your Lordships’ House that the issues raised in the discussions and debates that took place here would be taken into account in preparing the revised guidance. That was helpful, and it is evident in some of the changes that have been made.
Noble Lords will be aware that we introduced the Prevent strategy with, at the time, three specific objectives: one was to respond to the ideological challenge of terrorism and the threats that we faced from those who promote and encourage terrorism; another, a very strict part of Prevent, was to prevent people being drawn into terrorism and ensure that they got the appropriate advice, support and help that they needed; and the third was to work with those sectors and institutions where there were risks of radicalisation that they wanted to address.
It is easy to say this, but the scale and complexity of these issues means that trying to address them is not easy or straightforward. We need to better understand the motivations that lead young British people from our community to abandon their homes and families to engage with groups such as ISIS. Part of our response to that, when we first introduced Prevent, was the community strand, which the Government are not now continuing with in the guidance. That is interesting, given the Home Secretary’s speech today in which she recognises the importance of community. It would be helpful if the Minister could comment on why that has been raised today, and whether he feels that the community cohesion strategy and the promotion of a very positive counternarrative was a positive and useful strand of Prevent. I am trying to understand why that is not part and parcel of Prevent now.
Many respondents to the consultation noted, and comments have been made about this today, that there was an insufficient definition of “extremism”, while the definition of “British values” and “non-violent extremism” were vague. The glossary, though helpful, says:
“‘Non-violent extremism’ is extremism, as defined above, which is not accompanied by violence”.
I am not sure that that takes us very far at all, to be honest. I would like clarification on what “non-violent extremism” really means. Does it mean extremism as defined in the guidance, which quite rightly includes,
“calls for the death of members of our armed forces, whether in this country or overseas”?
Is non-violent extremism—I am trying to get this correct—where you are not necessarily calling for the death of someone but you would encourage or support that, even though you would not be involved in violence yourself? Can the Minister clarify whether non-violent extremism includes persons not necessarily being violent themselves but seeking to encourage or support others
to do so? That seems to come under the definition of extremism rather than non-violent extremism. Some clarity on that would be helpful.
Noble Lords have raised the issue of the training of front-line staff. I have seen what the impact assessment says about the costs of training, and I think it was my noble friend Lady Lister who referred to the numbers involved, but I am curious about the extent and monitoring of the training. How much knowledge would the Government expect someone to have to be able to appropriately identify potential radicalisation or extremism? I am not sure what the expectations are of what the training should provide. The guidance points out:
“In complying with the duty all specified authorities, as a starting point, should demonstrate an awareness and understanding of the risk of radicalisation in their area, institution or body”.
What exactly is meant by “awareness and understanding”? I think I understand where the Government are trying to get to with some of these definitions, but it might be helpful for those who have to fulfil this duty to have greater clarity.
With regard to central support and monitoring, the Home Office is the body that currently oversees Prevent activity in local areas. Is there a role for the DCLG in this from a community-based point of view? Would it be helpful for the Home Office to engage with DCLG—or CLG, as I think we are supposed to call it now—so that both departments have a role, but focusing specifically far more on community?
On local authorities I was pleased to see that, following the amendment that we tabled here in your Lordships’ House, the guidance now contains a provision which looks at that role of partnership and the impact of Prevent on local communities through continued dialogue and communication with leading community organisations. That is helpful and we are grateful to see that.
The debate has been mainly on higher education. Perhaps I could take a couple of moments to talk about schools and, of course, nurseries. The noble Lord’s face crumpled at that point. Perhaps we can probe a bit further than we did last time. If I have understood correctly, the obligation of the duty no longer falls on management within schools and nurseries but on the governing bodies. Of course, not all nurseries or childcare providers—as defined in the guidance—will have governing bodies. In one particular case, where my mum runs the local preschool, it is the Church of England that is in effect the preschool’s governing body. I think that it is exempt from the duty so that might create complication for church preschools.
Ofsted inspectors already have to have regard to the dangers of radicalisation and extremism. That is part of the Ofsted inspection; they also have to comment on what must be done if it is suspected that pupils are vulnerable. The Prevent guidance also notes that schools have a duty to promote community cohesion. Ofsted was required to report on this but this requirement was scrapped by the coalition Government in 2011 as part of the burden-reducing process. So we have moved away from it being a role for Ofsted that the Government got rid of and it is now shifting towards being a Prevent duty on those schools’ governing bodies. Has
any consideration been given to reinstating that role for Ofsted, and has any evaluation been undertaken as to whether that would be helpful in dealing with community tensions, whether social or religious, as an alternative or additional way forward to support the school?
I have struggled with this but I cannot find any further information in the guidance to tell me how nurseries are included and what are the expectations of those front-line staff who work with the children in them. At some point in the next week or so I am going to have to tell my dear old mum, who runs her local preschool, that there is a new duty on her to identify radicalism and extremism is her three year-olds. I do not quite know how I am going to put this to her and retain her sanity and mine at the same time. What training will be expected of those staff in preschools and nurseries to be able to spot extremism and radicalisation in those under-fives?
I am very unclear on the purpose of this measure and how it will work in practice. I hope the idea is not to try to identify the parents who are involved because we are talking about the welfare of a young child, and relationships between the parents, the preschool, the nursery and the child support team are really important. If there is any clarity, advice, or information the Minister can give me on how this is going to work, I would be very grateful—and it would help me to talk to my mum about it at the weekend.
I come back to higher education, about which a number of questions have been raised. I would to put on record my thanks to Universities UK, Million+, the NUS and other organisations which have been very helpful in providing briefings and information. This was a particularly contentious part of our debates and it is extremely helpful that the noble Lord was able to take on board the comments that were made. He had discussions here in your Lordships’ House and discussions with noble Lords and others outside this Chamber. The amendments tabled by the Government to reaffirm universities’ commitment to freedom of speech and academic freedom were really important and useful. The substantial changes in the guidance are certainly very helpful and an improvement on the original guidance.
A number of questions have already been raised that I will not repeat. This cross-institutional Prevent working groups obligation has now been removed. That is helpful, as are a number of other changes, but I have a couple of points for the Minister. It is unusual in any debate on a statutory instrument to debate what is not in it as opposed to what is. However, a number of issues have been raised today about the guidance that the Government will bring back; for example, the issue of external speakers, and guidance on the management of events. Conventional wisdom tells us—the rumour mill is very busy on this—that there is a disagreement between two departments, which if it is the case is not very impressive; perhaps the noble Lord can enlighten us. It is said that there is a difference of opinion between BIS and the Home Office. I hope that that is not a delaying tactic to get us past the election. The Home Secretary’s speech today laid out a number of measures that she thought should be brought in to
deal with counterterrorism issues. You have to ask why, if she believes that those are very important measures, they are not in this Act, which was brought forward in the last Session of Parliament—but are so essential that they are now being brought back after the election. That issue gives me enormous concern.
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