Freedom of Speech
We are aware that the Education Secretary, the Rt Hon Bridget Phillipson, announced a halt on the implementation of the Higher Education (Freedom of Speech) Act while the new Government considers its future. Accordingly, we will be reviewing the situation as soon as the Government has clarified the next steps. In the meantime, our position remains as outlined below:
The Governing Body of Lucy Cavendish College supports and endorses the University’s position on Freedom of Speech, which can be found below.
University Code of Practice on Freedom of Speech
The University’s statement of Freedom of Speech has been explicitly adopted in the College’s PREVENT policy and is cross-references in and appended to the College’s Disciplinary Procedures.
Following a recent ballot of the Regent House, the University has adopted a revised Code of Practice on Meetings and Public Gatherings on University Premises, which operates in tandem with the Statement. These two documents have been revised so as to stress the fundamental importance of the right to freedom of speech, while acknowledging that this exists within a broader legal framework. Both formal documents are supported by the Guidance for booking meetings and events, which itself has been updated to clarify that its provisions apply equally to virtual and physical events. All departments that run meetings, events and room booking systems are asked to review and follow the revised procedures in these documents.
The Governing Body agreed that it should be referenced from the public-facing webpage to the University’s statement and it was agreed that the College would review the statement periodically.
The Governing Body noted that proposed revisions were published in a Report of the Council dated 16 March 2020; the recommendations in the Report are proceeding through the University's formal governance structures.
Report of the Council on updates to the University’s freedom of speech documentation
The Council begs leave to report to the University as follows:
1. In this Report, the Council seeks approval for amendments both to the University Statement on Freedom of Speech and to the University’s Code of Practice issued under section 43 of the Education (No 2) Act 1986 (Freedom of speech in universities, polytechnics and colleges) (Statutes and Ordinances, p. 204), as set out in the Annexes to this Report.
2. The introduction of the University Statement on Freedom of Speech, and the most recent set of changes to the Code of Practice, were approved by Grace 8 of 13 July 2016.
3. The proposed amendments to both the Statement and the Code of Practice have arisen now: (a) to address various concerns voiced by members of the University about both the fundamental importance of the right to freedom of speech and the need to balance it against the full range of competing legal duties that circumscribe that right; and (b) as a result of practical experience when using the current documentation to assess risks surrounding meetings and events, whereby some minor inconsistencies and inadvertent omissions have been identified in the documentation.
4. The proposals in the Annexes to this Report were approved by the Council on the recommendation of the Committee on Prevent and Freedom of Speech, a Joint Committee of the Council and the General Board, which has been considering these matters since summer 2019. They reflect the conclusion of extensive discussion amongst members of the Committee and of the Council. The Council considers that the proposals appropriately prioritise the right to freedom of speech while acknowledging the range of competing legal duties as well as the core values of the University, and that they are operationally sound.
5. The Council also gives notice that it has recently approved and published a set of University Free Speech Principles. 1 These are a public-facing summary of the University’s approach to, and policy framework surrounding, freedom of speech, as reflected in the Statement and the Code of Practice.
6. The Council recommends:
- I. That approval be given to the revised University Statement on Freedom of Speech, as set out in Annex I to this Report.
- II. That approval be given to the revised Code of Practice issued under section 43 of the Education (No 2) Act 1986, as set out in Annex II to this Report.
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16 March 2020 |
Stephen Toope,Vice-Chancellor |
Nicolas Gay |
Edward Parker Humphreys |
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Madeleine Atkins |
David Greenaway |
Richard Penty |
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Gaenor Bagley |
Jennifer Hirst |
Andrew Sanchez |
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Alessandro Ceccarelli |
Nicholas Holmes |
Jason Scott-Warren |
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R. Charles |
Fiona Karet |
Mark Wormald |
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Stephen J. Cowley |
Philip Knox |
Jocelyn Wyburd |
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Sharon Flood |
Mark Lewisohn |
Footnote
ANNEX I
University Statement on Freedom of Speech
Approved by the University on 9 December 2020
This statement sets out the University’s commitment to freedom of thought and expression, outlines the various legislative frameworks under which such freedoms must be upheld and may be circumscribed, and summarises the procedures used by the University to manage these issues.
The University of Cambridge, as a world-leading education and research institution, is fully committed to the principle, and to the promotion, of freedom of speech and expression. The University’s core values are ‘freedom of thought and expression’ and ‘freedom from discrimination’. The University fosters an environment in which all of its staff and students can participate fully in University life, and feel able to question and test received wisdom, and to express new ideas and controversial or unpopular opinions within the law, without fear of intolerance or discrimination. In exercising their right to freedom of expression, the University expects its staff, students and visitors to be tolerant of the differing opinions of others, in line with the University’s core value of freedom of expression. The University also expects its staff, students and visitors to be tolerant of the diverse identities of others, in line with the University’s core value of freedom from discrimination. While debate and discussion may be robust and challenging, all speakers have a right to be heard when exercising their right to free speech within the law.
The University will ensure that staff are able to exercise freedom of thought and expression within the law without placing themselves at risk of losing their job or any University privileges and benefits they have. The University expects all staff and students to engage with intellectual and ideological challenges in a constructive, questioning and peaceable way, even if they find the viewpoints expressed to be disagreeable, unwelcome or distasteful. The right of staff and students to freedom of assembly, and to protest against certain viewpoints, should not obstruct the ability of others to exercise their lawful freedom of expression.
These commitments are reinforced by the Human Rights Act 1998, which brings the European Convention on Human Rights into direct effect in national law. Article 10 of the Convention articulates freedom of expression as a human right and sets out the limited circumstances in which that right might be circumscribed (such as to protect public safety, for the prevention of disorder or crime, or for the protection of the reputation or rights of others). These commitments also exist within other UK legislation. Universities in England and Wales, notably, have a statutory duty under section 43 of the Education (No. 2) Act 1986 to take such steps as are reasonably practicable to ensure that lawful freedom of speech and expression is secured for all staff and students and for visiting speakers. As part of this statutory duty the University is also required to issue and keep up to date a code of practice to be followed by all members, students, and employees of the University for the organisation of meetings and other events whether indoors or outdoors on University premises, including on University of Cambridge Students’ Union premises. The University accordingly has implemented the Code of Practice on Meetings and Public Gatherings on University Premises (‘the Code’).1 The Code also sets out the conduct required of all individuals involved in such meetings and events.
In addition, section 26 of the Counter-Terrorism and Security Act 20152 places a duty on certain bodies, including Higher Education Institutions, in the exercise of their functions to have ‘due regard to the need to prevent people from being drawn into terrorism’. This necessitates the establishment of protocols and procedures by which to assess the risks associated with meetings or events that are University hosted, affiliated, funded, or branded. This Act also requires Higher Education Institutions to have particular regard to other statutory duties with regard to academic freedom and freedom of expression. Debate, discussion, and critical enquiry are, in themselves, powerful tools in preventing people from being drawn into terrorism.
An active speaker programme is fundamental to the academic and other activities of the University and staff and students are encouraged to invite a wide range of speakers and to engage critically but courteously with them. This Statement and the Code provide the only mechanism by which the University can cancel or impose conditions on meetings or events where this action is deemed necessary as a result of the event’s subject matter and/or speaker(s). This is to ensure that the use of University premises is not inappropriately denied to any individual or body of persons on any ground connected with their beliefs or views or the policy or objectives of a body (with the exception of proscribed groups or organisations) of which they are a member.
The University’s policy, in line with its duty under section 43 of the Education (No. 2) Act 1986, is that any speaker who has been invited to speak at a meeting or other event, on University premises or at the Students’ Union, must not be stopped from doing so unless: they are likely to express unlawful speech, or their attendance would lead the host organisation to breach other legal obligations, and no reasonably practicable steps can be taken to reduce these risks. However, all speakers should anticipate that their views might be subject to robust debate, critique and challenge.
External speakers who are known to be members of proscribed groups or organisations, or who are likely to encourage support for proscribed groups or organisations under UK law,3 should not be invited to speak at University events.
The University will not unreasonably either refuse to allow events to be held on its premises or impose special or unreasonable or onerous conditions upon the running of those events. The lawful expression of controversial or unpopular views will not in itself constitute reasonable grounds for withholding permission for a meeting or event.
The University may only restrict speaker events given a reasonable belief that such events are likely to involve speech that violates the law, that falsely defames a specific individual, that constitutes a genuine threat or harassment, that unjustifiably invades substantial privacy or confidentiality interests, or that is otherwise directly incompatible with the functioning of the University. In addition, the University may reasonably regulate speaker events to ensure that they do not disrupt the ordinary activities of the University.
These narrow exceptions to the general principle of freedom of expression are not intended ever to apply in a way that is inconsistent with the University’s commitment to the completely free and open discussion of ideas.
Footnotes (these do not form part of the Statement)
1. The current text of this Code of Practice is available as a pdf document
2. https://www.legislation.gov.uk/ukpga/2015/6/section/26
3. https://www.gov.uk/government/publications/proscribed-terror-groups-or-organisations--2
The revised text of this Statement was approved following a ballot of the Regent House in November/December 2020.
ANNEX II
Code of Practice on Meetings and Public Gatherings on University Premises
Note: This Code is reproduced in the Statutes and Ordinances.The version published there does not yet incorporate the University’s approval of the latest set of revisions (by Grace 3 of 28 September 2020) and therefore the current authoritative text of the Code is given in this document.
Section 43 of the Education (No2) Act 1986, referring to freedom of speech in universities, polytechnics, and colleges, requires the Council to issue and keep up to date a code of practice to be followed by all members, students, and employees of the University for the organisation of meetings and other events whichare to be held on University premises, and for the conduct required of members, students, and employees of the University in connection with such meetings and events. This Code of Practice therefore applies to all members, students, and employees of the University, in respect of all University premises, whether indoors or outdoors, and which for the purposes of this Code includes the premises of the University of Cambridge Students’ Union. The Code should be read in conjunction with the University Statement on Freedom of Speech.1
Members, students, and employees of the University are reminded that alleged breaches of the general regulations for discipline or of the rules of behaviour applicable to current registered students or of any relevant conditions ofemployment may be brought before the relevant disciplinary authority.
Authority and approval processes for meetings and events on University premises
Any meeting or event on University premises should have at least one organiser who is responsible for the meeting or event and is a member, student, or employee of the University. If a meeting or event is proposed by an external group or individual without such an organiser, it may only proceed on condition that an individual to whom this Code applies is identified or nominated as the organiser responsible for the meeting or event.
Authority is required for meetings and events to be held on University premises, whether indoors or outdoors. In the case of accommodation assigned to a single Faculty or Department, the permission of the relevant Faculty or Departmental authorities is required. In the case of accommodation not so assigned, permission must be obtained from the central University authority responsible for the accommodation concerned and, if a room is to be reserved, a booking must be made through that authority at least fourteen working days in advance of the proposed event. Further details of who to contact are available in the Guidance for booking meetings and events.2
It is anticipated that, in the vast majority of cases, the authority in question will straightforwardly consider the request as part of normal business.
However, in the exceptional circumstances that the authority in question considers that the holding of the meeting or event might reasonably be refused because of the duty to prevent people from being drawn into terrorism or for some other valid reason as indicated in the University Statement on Freedom of Speech, there is a process of escalation to a Referral Group.3 Only the Referral Group may refuse permission in this way and on these bases. The request should be forwarded to the Referral Group with a statement of the concerns. This referral should be made at least seven working days in advance of the proposed meeting or event. Members of the University who are concerned that a particular forthcoming meeting or event should be escalated to the Referral Group may do so directly. The Referral Group will, in consultation as necessary, determine whether the meeting or event can go aheadas originally planned, or in alternative premises, at a later date, or in a different format. Only in exceptional circumstances, when there are risks which cannot be mitigated or the event organiser refuses to meet any conditions imposed, will permission be withheld. An organiser who is unhappy with the Referral Group’s decision has the right of appeal to the Vice-Chancellor’s deputy appointed for this purpose.
Any decision by the Referral Group (including one upheld on appeal) that a meeting or event should not take place, or may only take place subject to conditions, is binding and takes precedence over any other decision which may have been taken by any other body or officer in the University.
Organisation and management of meetings and events on University premises
Once approved, the organisers of meetings and events must comply with any conditions set by the University authorities concerned for the organisation of the meeting or event. Such conditions may include the requirement that tickets should be issued, that an adequate number of stewards or security staff should be available, that the Proctors and/or University Security and/or the Police should be consulted and their advice taken about the arrangements, and that the time and/or place of the meeting should be changed. The cost of meeting the conditions, and the responsibility for fulfilling them, rests with the organisers.
Notification to the Proctors
In addition to seeking the permission referred to above, the organisers of all meetings and events to be held on University premises which are to be addressed or attended by persons who are not resident members of the University (except for academic meetings organised by the authority of a Faculty or Department, or for any meetings or classes of meetings approved for the purpose by the Senior Proctor as being commonly or customarily held on University premises) are required to give notice to the Senior Proctor. This notice may be given separately or by using the form used to book University premises, a copy of whichmay be sent by the University authority concerned to the Senior Proctor. The organisers may also, if they wish, communicate directly with the Proctors to give further details. Information is required at least seven working days in advance (although the Senior Proctor may, at their discretion, agree to receive information closer to the time of the meeting or event). The information needed is the date and time of the meeting or event, the place, the names, addresses, and Colleges (if any) of the organisers, the name of the organisation making the arrangements, and the names of any expected speakers (whether or not members of the University).
The organisers of any meeting must comply with instructions given by a Proctor or other University officer, or by any other person authorised to act on behalf of the University, in the proper discharge of their duties.
Colleges
The provisions of section 43 of the Education (No2) Act 1986 apply also to the Colleges in respect of their own members, students, and employees, and in respect of visiting speakers.Colleges are also subject to the duties under section 26 of the Counter-Terrorism and Security Act 2015 to have due regard to the need to prevent people from being drawn into terrorism. Each College is requested by the University to designate a senior member who will be responsible for enforcing the provisions of both the above Acts in that College. Members of the University are reminded that University disciplinary regulations apply on College premises and that a College may invite the Proctors to enter its premise .
Other legal considerations
The attention of organisers of meetings and events is drawn to sections 11 and 14 of the Public Order Act 1986, concerning the conduct of processions and assemblies. Other legal requirements may also affect the conduct of meetings and events. These include incitement to violence, to breach of the peace, or to racial hatred. Meetings and events, even if directed to lawful purposes, cease to be lawful if they cause serious public disorder or breach of the peace. Attention is also drawn to the provisions of the Licensing Acts, which apply to certain University premises, including the University Centre. These Acts require the licensee to maintain good order on licensed premises, and give the licensee the power to expel persons from the premises if they consider it necessary.
The application of this Code
Any person who is in any doubt about the application of this Code to any meeting or event in the University must consult the Senior Proctor, who, in consultation with the officers of the Governance and Compliance Division, will determine whether the provisions of the Code apply.
Footnotes
2-See https://www.em.admin.cam.ac.uk/files/uoc_event_booking_guidance_0.pdf
3-The Referral Group (email: referralconfidential@admin.cam.ac.uk) has the following membership: the Chair of the Committee on Prevent and Freedom of Speech (Chair); the Senior Proctor; a University Teaching Officer; the Head of Education Services; the Head of Internal Communications; and either the [President of the Cambridge University Students’ Union or the President of the Graduate Union] <President (Undergraduate) or President (Postgraduate) of the University of Cambridge Students’ Union> (for unreserved business). Its Secretary is the Secretary to the Committee on Prevent and Freedom of Speech.