Tag Archives: Counter-Terrorism and Security Act 2015

Challenge to ‘Prevent duty’ in universities rejected in judicial review proceedings

By Prof Steven Greer, Professor of Human Rights (University of Bristol Law School).

On 3rd August 2017 it was announced that, a week before, the High Court had rejected a claim, brought in judicial review proceedings by Dr Salman Butt, that the inclusion of his name in an official press release about tackling extremism in universities and colleges was unlawful and in breach of his human rights (Salman Butt v Secretary of State for the Home Department [2017] EWHC 1930 (Admin)). Relying on information provided by the Home Office Extremism Analysis Unit (EAU), which had opposed the publication of any names, the press release referred to 70 events on university premises in 2014 featuring ‘hate speakers’. However, as the result of an ‘oversight’, six people including Dr Butt, were also identified as ‘expressing views contrary to British values’ on campus. The judgment in this case is the first significant judicial contribution to the debate about the ‘Prevent duty’ created by s.26 of the Counter-Terrorism and Security Act 2015 (CTSA) which requires schools, universities, the NHS and other institutions to ‘have due regard to the need to prevent people from being drawn into terrorism’. Continue reading

Universities and Counter-Terrorism in the UK: ‘Educators Not Informants!’, ‘Boycott Prevent!’?

By Prof Steven Greer, Professor of Human Rights (University of Bristol Law School).

PreventHow – consistent with democracy, human rights, the rule of law, and the preservation of cosmopolitan community cohesion and public confidence in law and its enforcement – should the UK respond to the threat posed by terrorism and, in particular, how should it seek to prevent people, especially vulnerable young people, from being enticed into it? These questions have arisen in a particularly acute form as a result of the Counter-Terrorism and Security Act 2015 which, amongst other things, imposes a legal duty upon schools, universities, charities, the NHS etc – but not directly upon their staff individually – to ‘have due regard to the need to prevent people from being drawn into terrorism.’ This may include banning some activities, regulating others, and/or taking appropriate steps to identify those who may be at risk and to refer them to appropriate welfare agencies.

The policy of the University and College Union (UCU) – which represents over 110,000 academic and other staff in higher and further education in the UK – is to boycott the requirements of the Act and the wider ‘Prevent strategy’ of which it is a part, on the grounds that they seriously threaten academic freedom, stifle campus activism, require staff to engage in racial profiling, legitimize Islamophobia, and jeopardize safe and supportive learning environments. Hence the slogans ‘Educators Not Informants!’, ‘Boycott Prevent!’, ‘Prevent Prevent!’ and ‘I Dissent from Prevent!’ which circulate in and around the campaign. This blog summarises work in progress – part of a much larger project concerning terrorism, counterterrorism and human rights in the post-9/11 UK – which argues that the UCU boycott is not only illegal, illegitimate and deeply flawed, but also potentially dangerous and irresponsible.

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