Universities: Freedom of Speech

Baroness Evans of Bowes Park Excerpts

Thursday 26th November 2015 Lords Chamber

[Baroness Evans of Bowes Park (Con)]

My Lords, as the noble Lord has just said, this has been an extremely interesting and informative debate. I thank all noble Lords for participating, particularly the noble Baroness, Lady Deech, for initiating this debate and for her extremely powerful contribution. I congratulate my noble friend Lord O’Shaughnessy and the noble Lord, Lord Trevethin and Oaksey, on their maiden speeches. It is clear from their contributions today that they are going to be great assets to this House. On a personal note, it was an honour for me to introduce my noble friend a few weeks ago and an added bonus that I get to congratulate him from the Dispatch Box today.

The Government recognise that freedom of speech and academic freedom in universities is a key component in their success. University autonomy from the state has been a central principle in this country for many hundreds of years, and it is one that this Government respect. The principles of academic freedom and freedom of speech at universities are enshrined in statute, as the noble Baroness, Lady Deech, pointed out. The Education Reform Act 1988 requires universities to ensure,

“that academic staff have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions”.

The Education Act (No. 2) 1986 provides that,

“persons concerned in the government of any establishment ... shall take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the establishment and for visiting speakers”.

The preservation of autonomy allows universities to fulfil their role in society as places of debate and discussion, where ideas can be tested and developed.

I have no doubt that the strong principle of autonomy in the UK higher education sector is the reason our universities are such a fertile ground for research and the advancement of knowledge. With 1% of the world’s population, the UK produces around 8% of the world’s academic publications and receives more than 14% of citations with the highest impact. This is a record to be proud of, and to preserve and promote. However, while respecting the importance of freedom of speech and academic freedom at universities, it is also important that the sector acts as a partner of Government in rooting out and challenging extremism. This is an endeavour in which all public institutions have a role to play.

As noble Lords have mentioned, the recent tragic events in Paris have illustrated that the emergence of ISIL presents a heightened threat to our national security. The murder of Fusilier Lee Rigby in May 2013 was a chilling incursion of extremism on to the streets of our own capital, and since then the departure of at least 750 UK-linked people to Syria has provided further grave cause for concern. The intelligence agencies tell us that the threat is now worse than at any time since 9/11.

As part of the response to this threat, we must continue to combat the underlying ideology that feeds terrorism, as the noble Lord, Lord Bew, so powerfully stated. Terrorist groups look to set mood music that is anti-democracy and anti-West and in opposition to debate and freedom. This can be a starting point, but we must try to turn and prevent people being drawn on to that path. This is a challenge for all our community. Schools, universities and colleges are in a unique position to give young people the confidence and ability to challenge extremist ideology robustly. The noble Lord, Lord Skidelsky, rightly pointed out that students are adults and questioned why they need special protection. He is right, but, as the noble Baroness, Lady Sharp, said, the stage of life when many students attend university can also be a particularly vulnerable time for them. Students may have left home for the first time and be cut off from the support networks with which they are familiar, so there is also a duty to protect students against extremist narratives, which can push them towards radicalisation.

In this context, the Government have introduced the Prevent duty, which many noble Lords mentioned today, on a wide range of bodies. Higher education institutions are covered by the duty, which is part of a broader effort by the education sector. As the noble Lord, Lord Blair, said, it cannot simply be left to the police. We all have to play our part. Schools and colleges have a vital role to play. We are all aware of the disturbing events that came to light last year at several schools in Birmingham. They were catalogued by Peter Clarke in his report published in July 2014. It is important that we address the effects of extreme narratives on students before they arrive at university.

As part of the Counter-Terrorism and Security Act 2015, which is concerned with reducing the risk of people being drawn into terrorism, Section 26 placed a statutory duty on specified authorities to,

“have due regard to the need to prevent people from being drawn into terrorism”,

when exercising their functions. As noble Lords are aware, this is referred to as the Prevent duty. The duty came into force in July this year, with the exception of the higher and further education sectors, for which it came into force this September.

The Prevent duty is about protecting people from the poisonous and pernicious influence of extremist ideas used to legitimise terrorism, and making sure that key bodies across the country play their part and work in partnership to do this. The duty is categorically not about oppressing freedom of speech or stifling academic freedom and debate. Indeed, they are key weapons in our armoury against extremist ideas, a point many noble Lords made. The duty is about making sure that radical views and ideas do not flourish and cannot go unchecked.

How universities and colleges balance the Prevent duty with the need to secure freedom of speech and promote academic freedom is extremely important and, as we heard from several noble Lords, difficult. It is not easy, but freedom of speech has never been an absolute. It has always come with challenges and responsibilities—something with which we will always grapple. During the passage of the legislation that placed Prevent on a statutory footing, concerns were raised in this House on behalf of the HE sector about whether this duty would lead to university administrators being overzealous in banning events and speakers. This problem was raised today, and I will return to it shortly. This is in no way the intention of the duty. The legislation makes explicit that in carrying out responsibilities under this duty universities must have regard to their duty to promote freedom of speech.

Striking this balance is clearly not easy, which is why we have worked very closely with the sector and with HEFCE, which will be monitoring compliance with the duty, to make sure that the guidance and advice we give to institutions recognise the need to balance these two things. I pay tribute in particular to Universities UK, which has been an instrumental partner in working through these difficult issues.

There are signs that progress is being made. We know that in 2014 some 70 events took place featuring extremist speakers on and off campus across 30 or more institutions in England and Wales. Due to increased awareness and much better assessment of risk by universities, in part due to better engagement with Prevent in the run-up to it gaining a statutory basis, that number is significantly lower in 2015. It is vital that we continue to maintain our efforts.

A couple of points were raised by noble Lords. The noble Lords, Lord Pannick and Lord Lester, expressed concerns about the Prevent guidance. We have made clarifications to it to make it more workable for institutions, taking into account responses from the sector during the consultation exercise, but we continue to learn and make sure that the guidance is as clear as it can be. I assure the noble Baroness, Lady Sharp, that we do not expect universities to cancel all events. We expect them to put in place a system for assessing the risks associated with planning events and to take action to mitigate those risks where they are identified. That action may include ensuring that any extremist views are challenged when an event is allowed to proceed. We do not expect universities to be disproportionately risk-averse; they just need to be aware of the dangers and risks. I will be very interested to read the report referred to by the noble and learned Baroness, Lady Butler-Sloss. We are very keen for all views on how we make sure this duty works.

The noble Baronesses, Lady Deech and Lady Sharp, also asked about the Prevent guidance. We will certainly look to ensure that it is practical and helpful to all those who are implementing it. We are continuing to work with Universities UK and others to develop further support and advice that helps universities in this challenging area.

A number of noble Lords mentioned the approach of the NUS. As I think I have made clear, we believe Prevent is a hugely important part of protecting the welfare of students at universities. We were disappointed by the anti-Prevent motion passed at the NUS conference in March, but we are encouraged by the NUS leadership’s subsequent commitment not to work with Cage. I agree with the noble Lord, Lord Mendelsohn, and the noble Baroness, Lady Deech, that at times the NUS has taken a rather inconsistent approach to free speech.

The noble Lord, Lord Pannick, asked about the definition of non-violent extremism. The Bill he was referring to is the counter-extremism Bill. As yet there is no set publication date, so I cannot give him any further information at the moment.

The Prevent strategy is about balancing the principle of freedom of speech at universities with the duty to address the danger of radicalisation. As we have heard today, we have seen student bodies assert that there is also a balance to be struck between the principle of freedom of speech in universities and the need for students of all kinds to feel that their campus is a safe place where prejudice against them will not be tolerated. This endeavour has led to the practice of “no platforming”, as mentioned by the noble Baroness, Lady Deech, the noble Lord, Lord Lester, and others. It is a long-standing policy of the National Unions of Students, which has been an increasing focus in recent months.

The Government’s position on this debate is that universities and student unions must make their own decisions on who speaks at their universities. They should do this within the context of clearly set-out policies and procedures. They should weigh up the risks associated with any speaker or event, and take their decision based on those risks.

On discrimination at universities, which no platform in part attempts to address, I am grateful for the chance to reiterate that staff and students from all backgrounds, religions, cultures and communities must be welcome in our higher education sector. The UK has one of the strongest legislative frameworks to protect people from harassment and abuse, especially racial or religious persecution. For example, the Equality Act 2010 protects groups against discrimination, harassment and victimisation, and Part III of the Public Order Act 1986 and the Crime and Disorder Act 1998 provide protection against criminal offences related to race. There are other relevant statutes, and organisations such as Universities UK, the Equality Challenge Unit and the National Union of Students have provided helpful summaries of the law that universities and student unions are able to bring to bear in combating discrimination.

Noble Lords raised other specific points. I assure my noble friends Lord Leigh and Lord Polak and the noble Baroness, Lady Bakewell, that the UK Government do not support academic or cultural boycotts of Israel. Indeed, the UK has engaged in 60 years of vibrant exchange, partnership and collaboration with Israel, which does so much to make both our countries stronger. I was very interested to hear about the work of the Pears Institute, which was mentioned by the noble Baroness. I congratulate it on the great work it is doing.

The responsibility for ensuring that students do not face anti-Semitism on campus rests with universities, which have the tools they need to tackle it. Clearly, if anti-Semitic incidents continue or increase, we must look to do more and we will, of course, make sure that we do whatever we can to stop this. Universities UK has undertaken considerable work to promote safer campus communities and support universities in this area and has received direct support from BIS to do so.

As a number of noble Lords mentioned in their comments, no one has the right not to be offended; unfortunately, at times we have seen debates shut down based on limited or no evidence of any safety or welfare risks other than that unpalatable views may be expressed. Having said that, there is a responsibility to ensure that all students feel able to take part in debate free from intimidation. This has not always been the case, and the NUS has a role to play to help ensure that those with the loudest voices and those with the most aggressive and vocal followers are not allowed to silence others.

The noble and learned Lord, Lord Brown, is absolutely right that universities are uniquely placed to provide the intellectual and robust challenge to extremist narratives, and they must continue to do this. However, we have seen incidences on campus when there is no desire for debate, where the speaker will not accept or listen to any challenge, and even where the speaker will not accept a question from women. In these cases the university has to impose conditions on the event.

The principles of academic freedom and freedom of speech in universities are tenets central to our globally successful higher education system. These principles are enshrined in statute but in both cases the drafting makes clear that these principles must be respected “within the law”. As I have already said, freedom of speech is not an absolute right—it comes with responsibilities and challenges, and it is important to remember that.

The Prevent duty and the support and guidance we give to universities and colleges through our network of Prevent co-ordinators and from within the Department for Business, Innovation and Skills should help universities address the task of promoting these principles of freedom of speech within the law while also recognising the very real and tangible threat we face. In particular, the Prevent strategy ensures that universities act as partners with other public institutions in combating radicalisation and the rise of extremism. Recent events, as I have said, have reminded us how crucial this endeavour is.

Once again I thank the noble Baroness, Lady Deech, for reminding us of both the importance of protecting freedom of speech in universities and the important issues that arise in ensuring this is done within the law, and I thank all noble Lords for their valuable contributions.