My Lords, I have added my name to Amendment 34. I begin by apologising to the Committee for not having participated at Second Reading, although I have taken care to read the transcript very carefully.
My noble friend Lord Faulks has given a clear and brilliant explanation of the unsatisfactory nature of the law on treason. Not being a lawyer, I shall not attempt to follow, let alone match, his judicial exposition; I shall come at the issue from a completely different angle. Earlier in the Session, I chaired a one-year Select Committee of your Lordships’ House on citizenship and civic engagement. I am pleased to see at least one member of the committee—the noble and right reverend Lord, Lord Harries—in his place; he will be familiar with quite a lot of what I will say.
Our report was published in March and we have received the Government’s response, although we have yet to hold our concluding debate. An underlying theme of our examination of citizenship and civic engagement in the 21st century was to look at the glue that holds our society together. A major topic debated at length by the committee was values: what is the essence of what this country stands for, which needs to be defended? Of course, it was not for a committee of your Lordships’ House to define irrevocably to which values British citizens should adhere. Indeed, we recommended that the Government should encourage a vigorous debate on this issue, but we offered as a “straw man” of the values we should share,
“democracy, the rule of law, individual liberty, and respect for the inherent worth and autonomy of every person”.
I say in passing that the committee suggested that the Government’s continued use of the term “fundamental British values”, as part of the Prevent strategy, was unfortunate and, in some cases, counterproductive.
Since the Government began to use this term, the word “fundamental”—because of its close association with fundamentalism—has assumed greater significance; this issue was raised by my noble friend Lady Warsi at Second Reading. As a result, rightly or wrongly, one section of our population has seen it as directed particularly at them which is an unfortunate development.
Leaving that aside, there are core values; they represent red lines that have to be defended. One of our witnesses, Dame Louise Casey, put it thus:
“You do not pick and choose the laws of this country. The laws that protect religious minorities are the same laws that say I am equal to a man. You do not pick which ones you want. It is not a chocolate box of choice; it is something you have to embrace. If you are uncomfortable with that, I now say that is tough”.
The committee concluded:
“The epithet ‘racist’ has rightly acquired particular force and opprobrium in modern day Britain. Those who seek to continue to promulgate approaches that are not in line with our values, such as the value of equality, have been known to make use of this phrase to rebut criticism of their approach. Where necessary society must be sufficiently strong and confident not to be cowed into silence and must be prepared to speak up. Fear of being labelled ‘racist’ is never a reason for those in authority not to uphold the law, or for citizens not to raise their concerns”.
It is not good enough to look the other way; civic engagement demands more. Whether my noble friend’s amendment is the only—or right—way to help defend these red lines I am not sure. But I am sure that there is an important debate to be had, a debate about the gap—as he referred to it in his remarks a moment ago—and about how we balance our country’s proud record of openness and tolerance with the views of others, often in positions of influence, who openly despise such an approach as weak and wrong and who, given their positions of influence, are able to influence the actions of others and lead them astray. People of influence are able to empower and liberate their followers. This empowerment can be put to good or less good uses. We have seen an example in recent weeks in the United States, with the delivery of letter bombs to prominent citizens whose sole defining characteristic seems to be that they oppose the current Administration.
If there was one key theme from the huge volume of evidence that my committee received, it was that people from all parts of the country and all communities considered that the ground was shifting under their feet, that they increasingly felt rootless and that they wanted to belong. They wondered whether all parts of our society were prepared, in the spirit of compromise and tolerance so essential to the well-being of this country, to subjugate some of their personal preferences and beliefs in the cause of the greater good of society as a whole, or whether, as a result of speeches or actions by those who did not share our values, too many now felt empowered and liberated to attack our society, the state or the Crown and thus, in the broadest sense, commit an act of treason.
To conclude, we took evidence from Cardinal Vincent Nichols, the Cardinal Archbishop of Westminster. He addressed us thus:
“If we keep picking the fruits of tolerance and not attending to the roots of the tree, it disappears … tolerance becomes cynicism, cynicism becomes indifference, indifference hardens and we end up going down the road that leads to hate incidents and hate crimes”.
It is to try to avoid this country going down that very sombre road outlined by the Cardinal Archbishop that I have put my name to my noble friend’s amendment.