Joint Committee on Human Rights announces new Inquiry into freedom of speech in universities

Is Government policy on free speech in universities coherent? Universities have a statutory duty to ensure free speech. The Universities Minister, Jo Johnson, has recently called on the Office for Students, which will take on regulatory responsibility for the sector on 1 April 2018, to champion free speech in universities. Freedom of speech is canvassed as one of the core Public Interest principles to be secured by that office.

In contrast, the Prevent Duty Guidance for Higher Education indicates not only that Higher Education Institutions should not provide platforms for those encouraging terrorism or inviting support for a proscribed organisation (both illegal) but that:

1. 11. Furthermore, when deciding whether or not to host a particular speaker, RHEBs [Relevant Higher Education Bodies] should consider carefully whether the views being expressed, or likely to be expressed, constitute extremist views that risk drawing people into terrorism or are shared by terrorist groups. 
   In these circumstances the event should not be allowed to proceed except where RHEBs are entirely convinced that such risk can be fully mitigated without cancellation of the event.

Article 10 of the European Convention of Human Rights provides that “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.”

The right is not absolute and can be restricted for a number of reasons, including national security, public safety, the prevention of disorder or crime, or the protection of the reputation and rights of others.

The Committee is issuing an open call for evidence from interested parties and would welcome written submissions by 15 December 2017 on:

• Whether Government policy on free speech in universities is coherent;
• Taken together, do the Prevent duty and the statutory duty to ensure free speech appropriately balance Convention rights and public interest considerations?
• The role of the Office for Students in ensuring freedom of speech;
• University authorities have a statutory duty to secure freedom of speech, including on student union premises. Student unions say they are private bodies and have a right to refuse speakers. Should university authorities have responsibility for the activities of their student unions? If so, to what extent?
• Is there concrete evidence that free speech is being suppressed in universities? Who should be responsible for monitoring this?
• If there is a problem, in what ways is free speech being suppressed? By whom? What are the causes? Is any problem increasing?

Submissions should be no more than 1,500 words. 

As part of a scheme to encourage paperless working and maximise efficiency there is a web portal for online submissions of written evidence. Written submissions for this inquiry should therefore be sent via:

Submit written evidence [Link]

The personal information you supply will be processed in accordance with the provisions of the Data Protection Act 1998 for the purposes of attributing the evidence you submit and contacting you as necessary in connection with its processing. The Clerk of the House of Commons is the data controller for the purposes of the Act. We may also ask you to comment on the process of submitting evidence via the web portal so that we can look to make improvements.

More information on submitting evidence to Select Committees may be found on the parliamentary website at: http://www.parliament.uk/get-involved/have-your-say/take-part-in-committee-inquiries/commons-witness-guide/

Please bear in mind that the Committee is not able to investigate individual cases. You should be careful not to comment on matters currently before a court of law, or matters in respect of which court proceedings are imminent. If you anticipate such issues arising, you should discuss with the clerk of the committee how this might affect your submission.

Evidence becomes the property of the Committee, and may be printed, placed on the Internet or circulated by the Committee at any stage.  You may publicise or publish your evidence yourself, but in doing so you must indicate that it was prepared for the Committee. Evidence published other than under the authority of the Committee does not attract parliamentary privilege.

Background information:

European Convention on Human Rights

ARTICLE 10

Freedom of expression

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Counter Terrorism and Security Act 2015

s26(1) CTSA 2015 A specified authority must, in the exercise of its functions, have due regard to the need to prevent people from being drawn into terrorism.

FURTHER INFORMATION:

Committee Membership is as follows: