Freedom of Speech: Universities

Lord Bellingham Excerpts

Thursday 17th May 2018 Westminster Hall

[Fiona Bruce]

That is an excellent example. I hope it will also encourage students to the right of Karl Marx, because I have spoken to a number of students who have recently said, “I wouldn’t admit to being a conservative on campus.”

Our Committee concluded that the concept of safe spaces, having been extended to entire university campuses, is unhelpful. It is not only unhelpful. If minority views are supressed across the whole campus, but they are not views that are promoting terrorism or inciting the kind of activity I referred to earlier, the concept is actually against the law, impinging on the right to free speech under article 10 of the European convention on human rights. A number of students unions tried to argue in evidence to us that it was necessary to limit speakers who cause harm through speech—harm caused because people might find speech disturbing or upsetting. As our report says, however, this is counter or detrimental to free speech. Regarding safe spaces, we say:

“Whilst there must be opportunities for genuinely sensitive and confidential discussions in university settings, and whilst the original intention behind safe space policies may have been to ensure that minority or vulnerable groups can feel secure, in practice the concept of safe spaces has proved problematic, often marginalising the views of minority groups. They need to co-exist with and respect free speech. They cannot cover the whole of the university or university life without impinging on rights to free speech…When that happens, people are moving from the need to have a “safe space” to seeking to prevent the free speech of those whose views they disagree with. Minority groups or individuals holding unpopular opinions which are within the law should not be shut down nor be subject to undue additional scrutiny by students’ unions or universities.”

I hope that university authorities will take careful note of that.

On the Prevent strategy, we had quite some evidence. I want to reiterate what the guidance says. As our report states, under the Counter-Terrorism and Security Act 2015, the guidance states that higher education bodies,

“when deciding whether or not to host a particular speaker…should consider carefully whether the views being expressed…constitute extremist views that risk drawing people into terrorism or are shared by terrorist groups.”

Those are important words—“risk drawing people into terrorism or are shared by terrorist groups”—if a little wide, but the issue of terrorism is critical. The guidance goes on:

“In these circumstances the event should not be allowed to proceed except where”

the educational bodies

“are entirely convinced that such risk can be fully mitigated”.

That is the legal position, but I will also cite some of the evidence we received about that and about hate speech.

An organisation called CARE, Christian Action Research and Education, stated:

“One common occurrence is that certain speakers who are perceived as ‘extremist’ are being denied the chance to speak at universities, to discuss their ideas, and have their ideas challenged by others in an open debate. First, this drives any such ideas underground. Second, the definition of extremism, as identified in the Counter Extremism Strategy…is very broad, incorporates non-violent as well as violent forms of extremism, and does not necessarily relate back to the concept of terrorism. In his recent judgment in the case of Mr Salman Butt, Ouseley J confirmed that the Prevent duty is a duty to prevent people from being drawn into terrorism and does not refer to all forms of extremism…Nonetheless, no steps have been taken by the Government to confirm the correct interpretation and scope of the definition of what constitutes ‘extremism’ and its impact on the Prevent duty.”

Some student groups, for example, have been prevented from holding events because the Church from which the speaker comes is considered fundamentalist or, in other words, extreme. Such an individual has not the slightest intention of drawing people into terrorism. I ask the Minister and his colleagues to look again at the counter-extremism strategy to ensure that its broad definition of extremism, which has been used by some universities, is not used to prevent free speech at universities.

Hate speech results from the use of threatening, abusive or insulting words, or the displaying of written material that is threatening, abusive or insulting and therefore intended to cause the person harassment, alarm or distress, or to stir up racial hatred. Although that is the definition of hate speech, and, as we were told in evidence,

“it is meant to be used narrowly in relation to any speech that fulfils the particulars under the Public Order Act 1986…over time, the phrase has become embedded into everyday language to describe any statement that some may find ‘offensive’.”

At universities, there is an increasing tendency to conflate offensive speech with hate speech, which

“has resulted in a far greater willingness to countenance censorship.”

Several pieces of evidence to our inquiry showed that that was the case. As a result of those common misunderstandings, freedom of speech at universities has suffered. I would be grateful if the Minister looked at CARE’s evidence to the inquiry in particular, so that an appropriate application can be made in universities.

I will give a few examples of the kinds of issues that were mentioned to us in evidence. We were told of a university that introduced “emotional risk assessments” in December 2016 that were used in an “invasive and heavy-handed way”. They have resulted in the students’ association telling student groups

“what they can and can’t do and say”.

In some cases, all of a student group’s activities, including weekly meetings, events and emails, that were to be sent to outside students or speakers had to be approved in advance by the students association. That meant that one or two people in the students’association office could basically make the operations of that student group impossible. For example, they rejected events because they were “too provocative” and they would not allow discussions that made specific reference to the Manchester terrorist attack or Hurricane Gregory, in case those specific incidents of suffering caused upset.

Another group was not allowed to have a stand at a freshers’ fair unless it was unmanned. A group at another university was told that it had to provide the name of any invited speaker, the topic and an outline of their talk 21 days in advance of the event.

We were told that at other universities there was a culture not only of safe spaces and hurtful speech but of trigger warnings:

“Students are encouraged to catastrophise when they hear something controversial or challenging rather than to engage with new ideas robustly.”

That is hardly a preparation for the world of work.

An ethics society was told that it could not hold an event because it would be asking for volunteers during it, and that contravened university policy guidelines. On further inspection, it was found that no such guidelines existed within the union or the university. Another group was told that it would be refused affiliation with the students union on the grounds that it was

“violating union policies regarding discrimination and equal opportunity”,

but on reading the union policy, no such violation was found. Several groups, particularly pro-life groups, were prevented from holding events or exhibiting material at freshers’ fairs that, on further investigation, was found to be used in primary schools and in further education material.

There are real problems for many groups in arranging external speakers and organising events. The Alliance of Pro-Life Students said that,

“pro-life societies are often given undue burden to host events”

and are

“subject to mediations to which other societies are not”.

Humanist groups said that student unions and universities,

“repeatedly shut down expressive conduct deemed by them to be wrong, offensive, or harmful, particularly with regards to criticism of religious beliefs”.

Such groups told us that,

“student unions were making arbitrary decisions about the views to which students should be exposed.”

They say that “many student unions” do not have clear or coherent democratic policies in place, which means that voting in a certain way, or no-platforming, or getting

“safe space policies into official union policy is surprisingly easy. If unions had better guidelines for democratic policies, and their union officials faced actual sanctions for disregarding freedom of speech, the union, and therefore the university environments, would become both more democratic and more open to diverse viewpoints.”

As I have said before, the issue will not be resolved overnight. I am encouraged that the Minister is determined to address it. It is clear that since our report more instances have come to light. For example, a colleague on the Committee received an email from UK Lawyers for Israel this week that expressed a number of concerns about specific policies on university campuses, including ticketing requirements and restrictions on advertising. It says that, although our report mentions that some pro-Israel events were disrupted, that happens on many occasions. The impact of such disruptions can be not only burdensome regulations and requirements for future events; the cost, time and administrative burden, and the need to protect people from hostile protests leaves students who run such societies exhausted and put off from hosting events. In an echo of another of our comments, UK Lawyers for Israel said that universities must impose penalties on students who incite, encourage or participate in the disruption of meetings.

It is a very full report; there is much more to it. I thank the Minister for his interest and look forward to his response and future action.

[Sir Henry Bellingham (in the Chair)]

Hon. Members may be interested to know that I plan to start the wind-ups at 4 pm.