Freedom of Speech: Universities

Alex Burghart Excerpts

Thursday 17th May 2018 Westminster Hall

[Alex Burghart (Brentwood and Ongar) (Con)]

It is a pleasure to serve under your chairmanship, Sir Henry. I rise to speak as a member of the Joint Committee on Human Rights, and it is a pleasure to do so. I have greatly enjoyed my brief time on the Committee, and I thank and congratulate our Chair, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), on her leadership and on bringing together an important and timely report.

The Committee has recently been debating the extent to which everyone in the country feels that they can identify with the language and existence of rights. Even for those who do not immediately speak the language of rights or who do not think within a legal framework of rights, the right to freedom of speech immediately resonates. Our right to stand up and say what we like within the law and in the way we choose is entirely central to how we live our personal and political lives. To feel that that right may be being inhibited in universities is particularly worrying. I say that as someone who taught for a number of years at King’s College London and also taught at the University of Leicester; I did both very happily. I never came across anything of the like that we have discussed in this report, but those were simpler times.

The truth is that, as the right hon. and learned Member for Camberwell and Peckham laid out so clearly, we have a problem in some of our universities in the way in which students’ right to free speech is being inhibited. There are three basic methods by which it is being inhibited, which have been discussed by my colleagues, and of course they are: protest, shutting freedom of speech down; political attitudes of no-platforming that prevent people from being heard; and an unhelpful risk-averse bureaucracy, which is jamming up the process of holding events altogether.

It is particularly pertinent in the framework of university life that these problems are occurring, because “university” —the word itself—is intended to encompass everything, and to be open and broad, bringing in a range of views and people, in order to extend the learning and experience of those who come through it. Yet in too many cases we see the signs of a changing attitude that is preventing that from being the case.

It is obviously the case that protest itself is a form of freedom of speech, right up to the point where it inhibits somebody else’s right to express themselves. Cases were brought to our Committee’s attention. In particular, in what is now a reasonably famous case from, I regret to say, King’s College London—a university where I taught—masked protesters broke into a peaceful debate and set off smoke alarms, so that the building had to be evacuated, which completely shut down the discussion that was going on. That is absolutely unacceptable in the moment, but it has even greater ramifications because, of course, once a student event has been disrupted, at cost to the student body and to the university, those carrying out a risk assessment of such events in the future will take a much harder line. That means that every protest of that kind endangers the freedom of speech at future events.

Much the same is true with no-platforming. We were told that there were actually very few registered cases of individuals being no-platformed. However, once a policy of no-platforming on a particular issue is established, it means that there will not even be a discussion as to whether people should discuss that issue, because if they do not conform to the strictures laid down by the university or the student body they will not even have a chance to be no-platformed, because they will not even be considered as potential speakers.

We must encourage students and those working in universities to remember that if someone stands on a platform and breaks the law by giving a speech, it is the speaker themselves who is culpable; it is not automatically the student body or the university that must carry the can. Of course, if a speaker has previously broken the law and it is possible that they might use their platform to do the same thing again, that puts the university or student body in a slightly different area. However, ultimate responsibility must lie with the people who express such views, not with their audience or the organisers of the event. It is that which we need to be mindful of.

I completely concur with the statement by the right hon. and learned Member for Camberwell and Peckham that we cannot expect speakers to have to submit their speeches in advance if they have never done anything wrong before. There is the example of the journalist Peter Hitchens being asked to submit his speech before he spoke to a student body as a prerequisite to his being able to stand on a platform. That can only be a veiled form of censorship.

Lastly, I turn to the bureaucratic process itself. I am a Conservative and so people would not expect me to stand up and extoll the virtues of bureaucracy. Bureaucracy is a little bit like jam; a little bit of is very good and very effective, but three pints of it is too much. So we find with the examples that we have seen from a number of universities where there is an excess of risk aversion.

What really happens through such byzantine processes is an attempt to prevent anything vaguely risky from happening, and in my experience that is not the purpose of university life. Indeed, university life is a time to take risks, experience new things and hear new thoughts. I say to the people who find themselves in this situation and pondering these issues in universities that there is absolutely no contradiction between adhering strictly to one’s own world-view and having an open mind. Unfortunately, awareness of that fact has been lost.

I commend to the Minister the recommendations that our Committee made. I am very pleased to hear that he held a summit—I think it was on 3 May—that brought together the National Union of Students, the Charity Commission and a number of other relevant bodies, at which this bureaucratic issue was discussed. I hope that our Committee’s report was part of the discussions then, and that those present were able to consider the principles that we have pulled together as a very simple legal and—I believe—effective way of ascertaining whether an event is acceptable.

The first point we make is that everyone has the right to freedom of speech within the law; the second is that universities should seek to expose their members and students to the widest possible range of views, while ensuring that they act within the law; the third is that if a speaker breaks the law, it is the speaker themselves who is culpable; and the fourth is that protest itself is a legitimate expression of freedom of speech.

With all that in mind, and as long as there is a clear and clean system of redress for those who feel that any of those principles are being inhibited, we will have a much better framework to ensure that students do not find themselves having to worry about the events they attend or the events they are holding, or having to worry about being unable to stand up for what they believe in.

I second the remarks made by my hon. Friends the Members for Congleton (Fiona Bruce) and for Stafford (Jeremy Lefroy) that there is a danger—albeit a danger that I do not believe is currently very present in many of our universities—that we encourage a sort of intellectual monoculture in certain places, which would be the physical equivalent of the echo chamber that we hear about among groups on Twitter, whereby people only listen to their own views and only get feedback from people who are in broadly the same position as themselves, and whereby it might be considered acceptable to invite only four or five speakers from the same political party during the course of a year. I do not believe that that is in the spirit of a university education.

I end with one perhaps slightly over-dramatic quotation, which was written on the donors’ board in the old library at my university. I will spare everyone the Latin, but it is a quotation from the Book of Daniel:

“Many shall pass by and knowledge will be multiplied.”

We cannot hope for knowledge to be multiplied unless a plurality and a multitude of views are expressed and heard within our universities.