Higher Education (Freedom of Speech) Bill (First sitting)

Debate between David Simmonds and Charlotte Nichols
Tuesday 7th September 2021

(2 years, 7 months ago)

Public Bill Committees
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David Simmonds Portrait David Simmonds (Ruislip, Northwood and Pinner) (Con)
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Q I draw the Committee’s attention to my entry in the Register of Members’ Financial Interests. I am an honorary fellow at Birkbeck College at the University of London.

The European convention on human rights is the main underpinning of most human rights rules in the UK, including freedom of speech. The UK, like most of the member states, goes well beyond what that says is the minimum. Given the international nature of academic research and the experiences that you have outlined, I am interested in your view on the adequacy of the minimum protections that that provides for freedom of speech and whether you foresee potential conflicts with other pieces of legislation—for example, inequalities that might result?

Dr Ahmed: With regard to tension with other legislation, I suspect there might well be tension with the Equality Act and difficult decisions to make about a breach of the duty to promote freedom of speech versus the duties imposed under the Equality Act, so I think there are issues that guidance should be able to sort out with regard to what counts. My understanding of the ECHR is that there is the strongest possible protection for academic speech, so almost nothing can count as harassment in a pedagogical context.

Charlotte Nichols Portrait Charlotte Nichols (Warrington North) (Lab)
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Q I am interested in two of the points that we have come back to a few times today. The first is around the distinction between academic freedom and freedom of speech. You referred to your view that in that context there is no such thing as harassment. I wonder, in relation to remarks made by the Secretary of State when the Bill was first announced, whether you think there is a limit to academic freedom versus freedom of speech and where that limit should be drawn. Holocaust denial was given as an example. To declare an interest, I am Jewish, so that is something that I am interested in.

Professor Stock: To clarify, do you mean the tension between academic freedom, freedom of speech and the rules against harassment?

Higher Education (Freedom of Speech) Bill (First sitting)

Debate between David Simmonds and Charlotte Nichols
Tuesday 7th September 2021

(2 years, 7 months ago)

Public Bill Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
David Simmonds Portrait David Simmonds (Ruislip, Northwood and Pinner) (Con)
- Hansard - -

Q I draw the Committee’s attention to my entry in the Register of Members’ Financial Interests. I am an honorary fellow at Birkbeck College at the University of London.

The European convention on human rights is the main underpinning of most human rights rules in the UK, including freedom of speech. The UK, like most of the member states, goes well beyond what that says is the minimum. Given the international nature of academic research and the experiences that you have outlined, I am interested in your view on the adequacy of the minimum protections that that provides for freedom of speech and whether you foresee potential conflicts with other pieces of legislation—for example, inequalities that might result?

Dr Ahmed: With regard to tension with other legislation, I suspect there might well be tension with the Equality Act and difficult decisions to make about a breach of the duty to promote freedom of speech versus the duties imposed under the Equality Act, so I think there are issues that guidance should be able to sort out with regard to what counts. My understanding of the ECHR is that there is the strongest possible protection for academic speech, so almost nothing can count as harassment in a pedagogical context.

Charlotte Nichols Portrait Charlotte Nichols (Warrington North) (Lab)
- Hansard - - - Excerpts

Q I am interested in two of the points that we have come back to a few times today. The first is around the distinction between academic freedom and freedom of speech. You referred to your view that in that context there is no such thing as harassment. I wonder, in relation to remarks made by the Secretary of State when the Bill was first announced, whether you think there is a limit to academic freedom versus freedom of speech and where that limit should be drawn. Holocaust denial was given as an example. To declare an interest, I am Jewish, so that is something that I am interested in.

Professor Stock: To clarify, do you mean the tension between academic freedom, freedom of speech and the rules against harassment?