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A new extremism definition is a gift to Labour

Law is always downstream of politics. Credit: Getty

March 6, 2024 - 7:30am

Rishi Sunak’s sudden anxiety about political violence, and the threat it poses to democracy, is understandable: a fortnight ago the Commons Speaker was pressured into ignoring parliamentary procedure to appease the mobs whose persuasive repertoire includes picketing MPs outside their homes and threatening to kill them. Something, surely, must be done.

So, on the evening of George Galloway’s by-election victory last Friday, Sunak delivered a sermon outside Number 10 — portentous yet heartfelt — in which, after describing the resurrection of the new Member for Rochdale as “beyond alarming”, he announced a plan to tackle the extremist menace by means of a robust new framework.

A significant part of this plan will include making sure that “no extremist organisations are being lent legitimacy by their interactions with Government.” Now, this problem was identified at least as long ago as 2011, when Lord Carlile, in his review of the Government’s anti-terrorism programme Prevent, noted that “in future, neither Prevent funding nor support will be given to organisations that hold extremist views or support terrorist related activity of any kind. This represents a strengthening of policy.”

But the consequent efforts, it turns out, were less than successful: in last year’s Review of Prevent, Sir William Shawcross “discovered that some CSOs [Prevent-funded civil society organisations] have promoted extremist narratives, including statements that appear sympathetic to the Taliban”. Sunak wasn’t wrong, then, when he observed in his speech that “this situation has gone on long enough.” But how, after 14 years of trying, will he now solve this seemingly intractable problem?

The plan — in fact in development since last year — seems to be for Michael Gove, the Communities Secretary, to rewrite the Government’s internal definition of “extremism”. Currently, it is defined as “vocal or active opposition to fundamental British values”. The new definition, it has been reported, will broaden this out to include “actions that undermine” British values.

Cynics will say that the reason public money has continued to be given to terrorist organisations over the entire period of Tory Government this century is something other than the interpretative gap between “vocal or active opposition to” and “actions that undermine”. And that, in any event, the reason those young women wore pictures of Hamas paragliders as they marched along Whitehall was something other than the Civil Service’s lax attitude to Prevent funding.

This planned definitional adjustment first drew fire from members of the Left, who objected to its intended use against them. More recently there has been concern from those on the Right, who fear its unintended use against them once Labour is in power. There is already a surfeit of ambiguous terminology, in policies and in the law, that the Left deploys to great effect against its opponents. And yes, Right-wingers use it too, when they can. But if I were Sunak, I wouldn’t at this point be looking to leave any more of it lying around.

Law is always downstream of politics — not just in the obvious sense of the creation of legislation, but in its interpretation and selective application. It’s hard, perhaps often impossible, to write statutes to improve culture. But nevertheless, there is something almost touching about Conservative MPs at this stage of their lifecycle, having so utterly failed over 14 years to legislate in a way that even slightly constricts the power of the hyper-progressive authoritarian Left, now fussing over the definition of extremism, in the hope of finally putting an end to all the nastiness. As a last-minute legacy of an outbound government, the Equality Act 2010 it ain’t.

And isn’t there something not merely ambiguous but profoundly sinister, nowadays, in that phrase, “undermining British values”? In Canada, the Government is currently trying to enact legislation to put people under house arrest who it is feared might in future commit a hate crime. If the next government in our country were to try something similar, it could well be centred around the notion of “undermining British values”. Let’s not give them ideas.


Adam King is a criminal barrister at QEB Hollis Whiteman.

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R Wright
R Wright
8 months ago

Expect Gove’s stupid plan to lead to a mass-crackdown by Labour on those opposed to their Racial Equality Act Bill which they will bring in early 2025. Not a single one of England’s hundreds of thousands of Islamists will be prosecuted under this amended definition.
Instead it will be wielded against a few hundred known right wingers and the chilling effect will crush resistance to a new regime of racial grifting in public procurement. The Tories, as ever, are helping to doom themselves. Funny how Gove always seems to be there holding the knife.

D Glover
D Glover
8 months ago
Reply to  R Wright

I predict that GB News will be closed down within three months of Labour’s victory.

Pamela Booker
Pamela Booker
8 months ago
Reply to  D Glover

It will be replaced by Islamic News

Tom Lewis
Tom Lewis
8 months ago
Reply to  R Wright

“Instead it will be wielded against a few hundred known right wingers“
You are, I’m afraid, wrong. It will be wielded against anybody and everybody with the ‘wrong’ opinion (cowing the remainder into submission), and especially those who previously considers themselves ‘correct’ (isn’t that right TERFS ?). Basically, anyone, and everyone, who veers from the approved path, can and will be labelled as ‘far right’ (increasingly meaningless) and be fair game for online attack dogs or the authorities.
The world, as we know it, may not end, but gradually, maybe imperceptibly, what seemed perfectly normal today, or yesterday (Friends/Yes Minister etc) will be signs of unhealthy deviance, tantamount to the worst excess of the ‘real’ far right.

Pamela Booker
Pamela Booker
8 months ago
Reply to  Tom Lewis

Anyone who vocally disagrees wilh anglophobia will be criminalised

Hugh Bryant
Hugh Bryant
8 months ago

Will this new ‘definition’ prevent grifters like Chris Packham from advocating the open intimidation and bullying of our elected representatives? Seems unlikely. Will the police respond by properly protecting them? Not a chance. Will the BBC mend their ways and stop pandering to genocidal thugs. No way.

What will happen is that a lot of quite harmless people will get banged up for pointing out that water flows downhill.

UnHerd Reader
UnHerd Reader
8 months ago

But nevertheless, there is something almost touching about Conservative MPs at this stage of their lifecycle, having so utterly failed over 14 years to legislate in a way that even slightly constricts the power of the hyper-progressive authoritarian Left, now fussing over the definition of extremism, in the hope of finally putting an end to all the nastiness.

Authoritarian moves to suppress lefties = good.
Authoritarian moves to suppress conservatives = bad.
Take this one straight to the Ministry of Truth.

Andrew R
Andrew R
8 months ago
Reply to  UnHerd Reader

Authoritarian moves to suppress conservatives = good.

Authoritarian moves to suppress lefties = bad.

Fixed it for you, you’re welcome!

Jeremy Bray
Jeremy Bray
8 months ago

Completely idiotic definition. Every authoritarian government would be delighted to bang up its opponents for “actions that undermine ‘take your pick of authoritarian countries’ values”.

Such a definition is so wide in scope as to enable biased interpretations to reign.

Anyone who proposes this certainly doesn’t share my conservative values.

UnHerd Reader
UnHerd Reader
8 months ago
Reply to  Jeremy Bray

Those are liberal values not conservative ones.

Jeremy Bray
Jeremy Bray
8 months ago
Reply to  UnHerd Reader

I am happy with classic liberal values not so happy with authoritarian progressive “liberal” values, and I suspect it is the latter that would be enforced. I can see speaking out against DEI and trans ideology becoming an action that undermines British values even if those values are newly minted.

Adrian Smith
Adrian Smith
8 months ago

The problem is the use of or threats of violence, which is already illegal. Fine if you want to make politically motivated violence a more serious crime than violence for the sake of violence, in the same way that racially motivated violence is deemed more serious. Why don’t we strengthen the tools we have for dealing with what is already illegal rather than distracting attention and diverting resources by widening the field of what those resources have to deal with.

UnHerd Reader
UnHerd Reader
8 months ago
Reply to  Adrian Smith

The Economist had a good piece on this a month or so ago. Governments are just keen to be seen to be doing something so push through new laws which already exist in some other form and will be just as ineffective.

Albireo Double
Albireo Double
8 months ago

“Anything we wish to do is legal, unless it is forbidden by law”. Remember that? It used to be our guiding principle in this country. Not long ago…
We have too much law, not too little. And the reason for this is that politicians love making laws, as it’s about the only tangible “legacy” that they think they can leave.
There should be a complete moratorium on the creation of any new law for some years now, while we overhaul what we have and rescind at least half of it.
Politicians might (and certainly should) realise that if they want to leave a legacy, it should be societal. A measure of how they preserved the good in our society – and no other measure. And particularly not – what “they changed”.
Change is important. but we have completely forgotten how to do it. And we entrust it to politicians, who are no longer trustworthy. We should have electronic nationwide mini-referendums on all significant debates in this country. We should run our country’s decision-making as a population, based on numerical majorities. Not on transient political whims.

William Cameron
William Cameron
8 months ago

Please not more ambiguous law.
We have laws that stop people preaching hate sedition etc- if preachers are spouting this stuff record it arrest them and charge them.
Our problem isnt lack of laws. It’s lack of law enforcement.

Daniel Lee
Daniel Lee
8 months ago

You guys don’t have a first amendment protecting speech and it really shows.