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

Debate between Michelle Donelan and Charlotte Nichols

Wednesday 15th September 2021 Public Bill Committees

[Michelle Donelan]

If the hon. Member will forgive me, I will carry on and respond to her point regarding the balancing act that universities will perform.

Holocaust deniers often have clear links with neo-Nazi extremism, and with antisemitic violence and intimidation. As I said on the Floor of the House, the Government are clear that there is no place in our universities for an extremist view that is a complete work of fiction and one that grotesquely seeks to misrepresent our global history.

Let me once again be clear that nothing in the Bill encourages providers or student unions to invite speakers who have denied or deny genocide. The Bill will not give anyone the right to a platform, and on that I am categorical.

[Charlotte Nichols]

As we have heard about the broad range of individuals and organisations covered by the Bill, any student society that sought to invite a holocaust denier or genocide denier on to campus could technically have protection under the Bill as drafted. For example, if a free speech society wishes to test the absolute limits of what its university would tolerate regarding free speech and decided, as the Oxford Union did, to invite Abu Hamza and Nick Griffin along, I think it would be irresponsible of the university to allow such events to go ahead. There is nothing to say that the university has to invite them, but clearly there is nothing to say that a society or the students union could not invite them, or what would that mean for the university if it chose to intervene accordingly.

[Michelle Donelan]

Two points are being made. One is about the right to a platform, whereby an individual can, in essence, demand to speak at a university. In no way does the Bill give anyone the right to a platform.

The second point that the hon. Member is referring to is if an individual is invited by a society, a union or a university itself. With regard to that, freedom of speech is not an absolute right; it does not include the right to harass others, or incite people to violence or terrorism. The Bill requires reasonably practicable steps to be taken to secure freedom of speech within the law. That is the crucial point. The Bill is not about unlawful speech.