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The Defend Free Speech campaign, and many of the groups associated with it, are greatly concerned that the proposed 'civil orders regime' will damage both security and civil liberties. They risk distracting the authorities away from terrorism and violence and into monitoring and punishing legitimate expressions of opinion.
Finding terrorists and their enablers is like finding a needle in a haystack. Forcing the police and security services to operate at the much lower threshold of 'non-violent extremism' will massively increase the range of people and ideas under investigation, thereby making the haystack considerably bigger. Placing millions more people under suspicion is more likely to mask the activities of terrorists than to highlight them.
Your difficulty in articulating a clear, consistent definition of the kind of activity the Government aims to punish via civil orders was very concerning. The Home Office has been working on the issue for well over a year and yet the impression was given that the Government still has no clear idea how to legislate for what it wants to achieve.
Harriet Harman summed up the situation accurately when she told the Committee:
‘Still we don’t know what civil orders are being talked about, we don’t know what the sanctions are likely to be, we don’t know what the definitions are, we have no specificity about the timetable in terms of when the consultation will start, how long it will be. We know there won’t be a draft Bill, but we really are none the wiser about anything else’.We were grateful that you confirmed that there would be a public consultation. But for the consultation to have any value, and for stakeholders to have a meaningful opportunity to influence the outcome, it must include precise statutory definitions that can then be subjected to scrutiny.
As members of the Committee pointed out, a consultation will be worthless if it does not give the actual wording with which the Government intends to resolve the tension between security and liberty. As it is, the planned consultation looks more a fishing expedition, carried out in the hope that somebody somewhere has a good idea of how this legislation could be drafted.