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Lords discusses counter-terrorism

24 March 2015

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Members of the Lords discussed draft regulations about counter terrorism on Monday 23 March 2015.

Members discussed the details of the Regulations, stating that separate guidance, to address the circumstances in Scotland, would be more helpful than trying to cover all circumstances through one set of guidance that includes England and Wales.

The debate focused on the role of higher education institutions in helping to prevent students from being drawn into terrorism. The Regulations were agreed, although members warned that they could affect freedom of speech and debate.

Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Amendment and Guidance) Regulations 2015

The Counter-Terrorism and Security Act 2015 states that ‘specified authorities’, for example, local authorities, schools, universities, the health sector and the Police, should be aware of the need to prevent people from being drawn into terrorism. The specified authorities in England and Wales are already listed in the Act, these Regulations amend the Act to add the equivalent Scottish bodies. The Regulations also amend the Act to add Scottish local authorities to those who have to ensure panels are in place to provide support to people who are vulnerable to being drawn into terrorism.

In addition, the Regulations also bring into effect two sets of ‘Prevent’ guidance, one for Scotland and one for England and Wales, which explain what the specified authorities must do in order to comply with the Counter-Terrorism and Security Act 2015.

Business for Monday also includes discussions about regulations on communications data and gaming machines.

How do these draft instruments become law?

These Regulations are presented as a Statutory Instrument (SI). An Act will often contain a broad framework and statutory instruments are used to provide the necessary detail that would be too complex to include in the Act itself. They are also easier to change than an Act – for example to upgrade the rate of payment each year or amend the necessary forms in the light of experience.

This instrument is subject to the affirmative procedure, that means it must be debated in both Houses before it can be made law. A vote can be taken on them if the House wishes but is not essential. The Commons have already approved the Regulations.

Further information