August EWJ 24 - Flipbook - Page 81
New UK Definition of Extremism:
Is It Fit For Purpose?
by David Lowe Leeds Beckett University Law School
British values as it is quite a subjective term. Also, some
UK communities felt alienated by this term, in particular the Muslim community especially as up 2011 the
Prevent strategy was solely aimed at preventing people
becoming imbued with extremist ideology being
drawn towards terrorist activity only focused on the Islamist ideology. Regarding Prevent referrals, in 2011
this was changed to include all forms of extremism.
Introduction
This article examines the UK’s current definition of
extremism that was introduced to Parliament in
March 2024, assessing if it is fit for purpose. Beginning with, a comparison with the 2013 definition,
terms within the new definition are examined. In the
UK no legislation has been introduced relating to extremism and as a result there is no law-based definition. The definitions discussed are from government
policies, but they are still important as the current definition guides practitioners working in this area such
as those involved in the Prevent strategy or even the
courts where it is being determined if a defendant in
a terrorism criminal case has been imbued with an extremist ideology. After examining terms used in the
current definition that appears to widen the definition thereby bringing in groups and ideology that one
would not normally associate with extremism, the article examines four extremist ideologies that pose a direct threat and recommends the definition be
revisited using these four groups as the foundation in
defining extremism.
While it is welcome the term fundamental British values has been dropped, the current definition has
raised concern that it is wider than its predecessor. In
the opening sentence, alongside promoting or advancing an ideology based on violence or hatred is the
term intolerance. In defining extremism, the inclusion that promoting violence or hatred is clearly appropriate, but it is questionable if it should include
intolerance where the dictionary definition states that
intolerance is an ‘unwillingness to accept views, beliefs,
or behaviour that differ from one's own’. In the UK
case of Redmond-Bate v DPP [1999] EWHC Admin 733
where the court examined types of speech that is protected under the right to freedom of expression under
article 10 European Convention on Human Rights,
Lord Justice Sedley held: ‘Freedom of speech includes
not only the inoffensive but the irritating, the contentious, the eccentric, the heretical, the unwelcome
and the provocative, provided it does not tend to provoke violence. Freedom only to speak inoffensively is not
worth having.’ [My emphasis]
New Definition
In March 2024, the former Minister for the Department for Levelling Up, Housing and Communities,
Michael Gove introduced to Parliament a new
definition of extremism that states:
‘Extremism is the promotion or advancement of an
ideology based on violence, hatred or intolerance, that
aims to:
It is worth a moment to consider some of these terms
in the judgement. Heretical, unwelcome and provocative are views that could be deemed to be intolerant of
mainstream thinking and practice. An example of this
is those with ardent pro-life views who protest at abortion clinics whose views negate the freedoms of those
who wish to have an abortion or those working at the
clinics. Among the examples Micheal Gove gave when
presenting the new definition, he included the group
Muslim Engagement and Development (MEND).
MEND’s aims includes:
1. negate or destroy the fundamental rights and
freedoms of others; or
2. undermine, overturn or replace the UK’s system of
liberal parliamentary democracy and democratic
rights; or
3. intentionally create a permissive environment for
others to achieve the results in (1) or (2).’
This replaced the 2013 definition of extremism in the
UK that was: ‘Vocal or active opposition to fundamental British values, including democracy, the rule of
law, individual liberty and mutual respect and tolerance of different faiths and beliefs. We also include in
our definition of extremism calls for the death of
members of our armed forces, whether in this country or overseas.’
1. An encouragement of voter registration and
political engagement by British Muslims so that
through civic involvement Muslims can responsibly
exercise their duty in working for the common good.
2. To enable active citizenship and participation by
British Muslims in furtherance of its aims to create a
more inclusive and tolerant Britain.
When it was proposed there was to be a change in the
2013 definition there was a cautious welcome as one
phrase in the 2013 definition that courted controversy
was the term ‘fundamental British values’. In essence
this term raised the question as to what is meant by
EXPERT WITNESS JOURNAL
3. The development of a Britain in which all members
of society are valued and respected whatever their religious, racial or ethnic background, gender or sexual
orientation.
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AUGUST 2024
