UK government seek to ban extremist speech in educational institutions

One of the little commented upon sections of the UK government's latest tough-on-terrorism proposed law, the Counter-Terrorism and Security Bill (HC Bill 127), is Section 21 General duties on specified authorities. This reads (or part thereof at least);

21 General duty on specified authorities

(1) A specified authority must, in the exercise of its functions, have due regard to
the need to prevent people from being drawn into terrorism.

(2) A specified authority is a person or body that is listed in Schedule 3.

(3) In the case of a specified authority listed in Schedule 3 in terms that refer to a
particular capacity that it has, the reference in subsection (1) to the authority’s
functions is to its functions when acting in that capacity.

The "specified authorities" as detailed in Schedule 3 of the Bill includes educational institutions -

"Education, child care etc

The governing body of an institution within the higher education sector
within the meaning of section 91(5) of the Further and Higher Education Act
1992.

A person with whom arrangements have been made for the provision of
education under section 19 of the Education Act 1996 or section 100 of the Education and Inspections Act 2006 (cases of illness, exclusion etc).

The proprietor of—

(a) a school that has been approved under section 342 of the Education
Act 1996,

(b) a maintained school within the meaning given by section 20(7) of the School Standards and Framework Act 1998,

(c) a maintained nursery school within the meaning given by section
22(9) of that Act,

(d) an independent school registered under section 158 of the Education
Act 2002,

(e) an independent educational institution registered under section
95(1) of the Education and Skills Act 2008, or

(f) an alternative provision Academy within the meaning given by
section 1C of that Act.

A person who is specified or nominated in a direction made in relation to the exercise of a local authority’s functions given by the Secretary of State under

section 497A of the Education Act 1996 (including that section as applied by
section 50 of the Children Act 2004 or section 15 of the Childcare Act 2006).

A person entered on a register kept by Her Majesty’s Chief Inspector of
Education, Children’s Services and Skills under Part 2 of the Care Standards Act 2000.

The governing body of a qualifying institution within the meaning given by
section 11 of the Higher Education Act 2004.

The provider of education or training—

(a) to which Chapter 3 of Part 8 of the Education and Inspections Act 2006 applies, and

(b) in respect of which funding is provided by, or under arrangements
made by, the Secretary of State or the Chief Executive of Skills
Funding.

A person registered under Chapter 2, 2A, 3 or 3A of Part 3 of the Childcare Act 2006 or under section 20 of the Children and Families (Wales) Measure
2010 (nawm 1).

A body corporate with which a local authority has entered into
arrangements under Part 1 of the Children and Young Persons Act 2008.

The governing body of an educational establishment maintained by a local authority in Wales.

The governing body or proprietor of an institution (not otherwise listed) at
which more than 250 students, excluding students undertaking distance
learning courses, are undertaking courses in preparation for examinations
related to qualifications regulated by the Office of Qualifications and Examinations Regulation or the Welsh Assembly Government."

So all these bodies associated with education in some form

"must, in the exercise of its functions, have due regard to the need to prevent people from being drawn into terrorism."

Can anyone tell me what that actually means?

The good folk at the Guardian seem to think it will require universities, for example, to ban extremist speakers. The Bill doesn't actually say that but I guess might be interpreted as such.

Additionally the Bill, if enacted in its current form, would provide the Secretary of State with Henry VIII powers to amend schedule 3 - i.e. unilaterally decide if any other institutions should fall within the scope of the obligation to "have due regard to the need to prevent people from being drawn into terrorism."

Under section 21(4), however, parliamentarians are excused the duty to  "have due regard to the need to prevent people from being drawn into terrorism."

21 General duty on specified authorities

[...]

(4) Subsection (1) does not apply to the exercise of—

(a) a judicial function;

Counter-Terrorism and Security BillPage 14

(b) a function exercised on behalf of, or on the instructions of, a person
exercising a judicial function;

(c) a function in connection with proceedings in the House of Commons or
the House of Lords;

(d) a function in connection with proceedings in the Scottish Parliament;

(e) a function in connection with proceedings in the National Assembly for
Wales.

No obligation, then, to stop introducing extremist, overreaching draconian police-state legal infrastructures, causing untold grief and havoc to us and future generations. Specks and planks in eyes come to mind, as does the notion that what we need is not another Counter-Terrorism and Security Bill (HC Bill 127) but, given the incumbent Home Secretary, a Counter Theresa-ism And Security Bill.