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No 6430

Wednesday 15 June 2016

Vol cxlvi No 35

pp. 634–677

Reports

Report of the Council on a University Statement on Freedom of Speech and the Code of Practice issued under section 43 of the Education (No 2) Act 1986

The Council begs leave to report to the University as follows:

1. In this Report, the Council seeks approval for the introduction of a University Statement on Freedom of Speech and for amendments 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. 197), as set out in the Annexes to this Report.

2. Section 26 of the Counter-Terrorism and Security Act 2015 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’. The Act also requires those bodies to have regard to the statutory duties on the University with regard to academic freedom and freedom of expression.

3. The University is required by the 2015 Act to comply with certain obligations under the Prevent duty. The Council and the General Board have established a Prevent Committee to exercise general oversight in ensuring that the University meets those obligations. Further information about the Prevent duty and the actions being taken by the University in response can be found at http://www.prevent.admin.cam.ac.uk/.

4. Amongst the obligations under the 2015 Act is a requirement to have policies and procedures in place for the management of events on University premises. By Grace 9 of 10 June 1987 the Regent House approved the current Code of Practice to meet the requirements of section 43 of the Education (No 2) Act 1986, namely to set out (a) the procedures to be followed by members, students, and employees of the University in connection with the organization (i) of meetings which are to be held on University premises and which fall within any class of meeting specified in the Code; and (ii) of other activities which are to take place on those premises and which fall within any class of activity so specified; and (b) the conduct required of such persons in connection with any such meeting or activity; and other ancillary matters.

5. The Code of Practice, as revised, retains the structure under the current Code, whereby the permission of the relevant Faculty or Department is required to hold a meeting or other event on University premises. However, a procedure has been added to deal with cases where the relevant Faculty or Department considers that the request might reasonably be refused for the grounds set out in section 26 of the Counter-Terrorism and Security Act 2015. Such cases will be referred for decision to a Referral Group chaired by the Pro-Vice-Chancellor (Institutional and International Relations), the University’s Prevent lead. In this way, it is hoped to ensure that decisions are consistent and, as HEFCE notes in its guidance, ‘balance the [University’s] legal duties in terms of both ensuring freedom of speech and academic freedom, and also protecting student and staff welfare.’1 The Prevent Committee will report at least annually to the Council on the number of cases dealt with by the Referral Group and the outcome of those cases.

6. The Council recommends:

I. That approval be given to the 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.

13 June 2016

L. K. Borysiewicz, Vice-Chancellor

David Good

Rachael Padman

Chad Allen

Nicholas Holmes

Michael Proctor

Ross Anderson

Alice Hutchings

Cornelius Roemer

Richard Anthony

Fiona Karet

John Shakeshaft

Jeremy Caddick

Stuart Laing

Susan Smith

R. Charles

Mark Lewisohn

Sara Weller

Anne Davis

Priscilla Mensah

I. H. White

Margaret Glendenning

Annex I

University Statement on Freedom of Speech

(Approved by the University Council on 13 June 2016)

University of Cambridge

The University of Cambridge, as a world-leading research and teaching 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, without fear of disrespect or discrimination. The University will ensure that staff have such freedom within the law and within the University’s own provisions without placing themselves at risk of losing their job or any University privileges they have. The University expects all staff and students to receive and respond to intellectual and ideological challenges in a constructive and peaceable way. The University instils the capacity for critical engagement in its students, allowing them to engage with a wide range of viewpoints and to listen, dissect, analyse, reason, adjudicate, and respond to those viewpoints.

These commitments are reinforced by Article 10 of the European Convention on Human Rights and by domestic legislation. Universities in England and Wales 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 organization of meetings and other events whether indoors or outdoors on University premises, including on CUSU and GU premises. The University accordingly has implemented the Code of Practice on Meetings and Public Gatherings on University Premises (‘the Code’). The Code also sets out the conduct required of all individuals involved in such meetings and events. This Code is set out below.

In addition, section 26 of the Counter-Terrorism and Security Act 2015 (‘the Act’)1 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 events that are University affiliated, funded, or branded. The Act also requires those bodies to have particular regard to statutory duties on the University with regard to academic freedom and freedom of expression.

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. Debate, discussion, and critical enquiry are, in themselves, powerful tools in preventing people from being drawn into terrorism. The University has drawn up this Statement with these principles in mind.

This Statement and the Code provide the only mechanism by which the University can cancel or impose conditions on University 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 organizations) of which they are a member.

External speakers who are known to be members of proscribed organizations, or who are likely to encourage support for proscribed (or outlawed) organizations under UK law,2 should not be invited to speak at University events.

The University will not unreasonably refuse to allow events to be held on its premises. The lawful expression of controversial or unpopular views will not in itself constitute reasonable grounds for withholding permission for an event. Reasonable grounds for refusal would include, but are not limited to, the fact that the event is likely to:

include the expression of views that risk drawing people into terrorism or are the views of proscribed groups;

incite others to commit a violent or illegal act;

pose a genuine risk to the welfare, health, or safety of members of the University or the general public, or give rise to a breach of the peace.

Annex II

Code of Practice on Meetings and Public Gatherings on University Premises

Code of practice issued under section 43 of the Education (No 2) Act 1986

Section 43 of the Education (No 2) 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 members, students, and employees of the University for the organization of meetings and other events, which are to be held on University premises, and for the conduct required of members, students, and employees of the University in connection with such meetings, etc. This Code of Practice therefore applies to all members, students, and employees of the University, in respect of all University premises, which for the purposes of this Code includes Cambridge University Students’ Union and the Graduate Union. Outdoor, as well as indoor, meetings and events on University premises are included.

Members of the University are reminded that alleged breaches of the general regulations for discipline and other alleged offences against the discipline of the University may be brought by the University Advocate before the University Tribunal, the Discipline Committee, or the Discipline Board, as appropriate.

Authority and approval processes for meetings and events on University premises

Authority is required for meetings and events to be held on University premises, whether indoors or out of doors. 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 Event Booking Guide at http://www.[       ] ].1

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 event might reasonably be refused solely because of the duty to prevent people from being drawn into terrorism, there is a process of escalation to a Referral Group to be followed before permission may be refused. Only the Referral Group may refuse permission on this basis. The request should be forwarded to the Referral Group2 (email: [       ]@admin.cam.ac.uk)3 with a statement of the concerns. This referral should be made at least seven working days in advance of the proposed event. Members of the University who are concerned that a particular forthcoming event should be escalated to the Referral Group may do so directly. The Referral Group will, in consultation as necessary, determine whether the event can go ahead as originally planned, or in alternative premises, at a later date or in a different format. Only in exceptional circumstances and when the Referral Group considers that there are risks which cannot be mitigated or the event organizer refuses to meet any conditions imposed, will permission be withheld. An organizer who is unhappy with the Referral Group’s decision has the right of appeal to the Vice-Chancellor or to his or her appointed deputy for these purposes.

Any decision by the Referral Group that an event proposed to be held in the University is not to take place, or may only take place subject to conditions, is binding and takes precedence over any other permission which may have been given by any other body or officer in the University.

Organization and management of meetings and events on University premises

Once approved, the organizers of meetings and events must comply with any conditions set by the University authorities concerned for the organization of the meeting or other activity and the arrangements to be made. Such conditions may include the requirement that tickets should be issued for public meetings, that an adequate number of stewards should be available, that the police should be consulted and their advice taken about the arrangements, and that the time and place of the meeting should be changed. The cost of meeting the requirements, and the responsibility for fulfilling them, rests with the organizers.

Notification of Proctors

In addition to seeking the permission referred to above, the organizers 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 organized 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 on the form used to book University premises, a copy of which will be sent by the University authority concerned to the Senior Proctor. The organizers 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 his or her discretion, agree to receive information closer to the time of the meeting than this). The information needed is the date and time of the meeting, the place, the names, addresses, and Colleges (if any) of the organizers, the name of the organization making the arrangements, and the name of any expected speaker, whether or not a member of the University.

The organizers of any meeting must comply with instructions given by a Proctor, by any other University officer, or by any other person authorized to act on behalf of the University, in the proper discharge of his or her duties. The attention of members of the University is drawn to Regulations 9 and 10 of the general regulations for discipline.

Colleges

The provisions of section 43 of the Education (No 2) 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, as described in the University’s Statement on Freedom of Speech . Each College is requested by the University to name a senior member who will be responsible for enforcing the provisions of both the above Acts in that College and will co-operate as necessary with the Proctors. Members of the University are reminded that University disciplinary regulations apply on College premises as elsewhere in the Precincts of the University. A College may invite the Proctors to enter its premises.

The attention of organizers of public meetings and assemblies is drawn to sections 11 and 14 of the Public Order Act 1986, concerning processions and assemblies. Other legal requirements may affect the conduct of meetings, etc. A speaker, for example, who incites an audience to violence or to a breach of the peace or to racial hatred is breaking the law. Equally, assemblies of persons, even if directed to lawful purposes, cease to be lawful if they cause serious public disorder or breaches 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 he or she considers it necessary.

The application of this Code

Any person who is in any doubt about the application of this Code of Practice to any meeting or public gathering in the University is under an obligation to consult the Senior Proctor, who, in consultation with the officers of the Registrary’s Office, will determine whether the provisions of the Code apply.

Footnotes

  • 1The text in square brackets will be added once the Event Booking Guide is available online.


  • 2The Referral Group has the following membership: The Pro-Vice-Chancellor (Institutional and International Relations) as the University’s Prevent lead; the Head of the Registrary’s Office (as the Prevent contact); the Senior Proctor; the Academic Secretary; a student representative; and a member of the Legal Services Office. 


  • 3The email address for the Referral Group will be added once it is available.


First-stage Report of the Council on the construction of a new building for the Department of Engineering in West Cambridge

The Council begs leave to report to the University as follows:

1. In this Report the Council is seeking approval in principle for the construction of a new building in West Cambridge to accommodate the National Research Facility for Infrastructure Sensing and the Department of Engineering’s Geotechnical and Structures research activities (together the ‘Civil Engineering building’) as set out below.

2. The National Research Facility for Infrastructure Sensing (NRFIS) will be an interdisciplinary UK Centre for sensors and instrumentation for infrastructure monitoring and assessment hosted by the University of Cambridge, as part of the UK Collaboratorium for Research in Infrastructure and Cities (UKCRIC). The central aim of the NRFIS is to transform the future of infrastructure through smarter information – embedded sensors within infrastructure will capture finger-printing, flow, and performance information – and to develop a fully integrated approach to designing sensor systems, providing better information for decision-makers, and enabling more effective management of assets throughout their life.

3. The Civil Engineering building will be key to the Future Cities mission of the Department of Engineering. In addition to the core NRFIS facilities, the Civil Engineering building will include workspace for researchers, a training centre, and significant new laboratory facilities – including a Large Scale Infrastructure Testing Laboratory and a Severe Environment Testing facility – to replace aging facilities at Trumpington Street. Moving these activities to West Cambridge will enable close collaboration with research groups in NRFIS and more effective interaction with the Schofield Centre, which is already located on the West Cambridge site.

4. The Civil Engineering building will be approximately 4,300m2 gross internal area and will be located behind the Roger Needham and Electrical Engineering buildings on the eastern edge of the West Cambridge site. The Civil Engineering building will be the first project delivered under the Department of Engineering’s Inset Masterplan for West Cambridge, which will eventually see all the Department’s activities relocated to West Cambridge.

5. The total cost of the proposed development is estimated to be £30.5m plus £5.5m of equipment for the NRFIS element of the project. This will be funded by a grant from the Department of Business, Innovation, and Skills (BIS) of £18m matched by an allocation of £18m from the University’s Capital Fund. The Department of Engineering will underwrite the cost of fit-out and relocation of the Civil Engineering operations from Trumpington Street to the new building, estimated to be £1m. The new building is planned to be operational by mid-2019.

6. A concept paper for the project was approved by the Planning and Resources Committee on 18 May 2016. Further details relating to the design, maintenance, and recurrent costs, with proposals for funding, will be brought to future meetings of the Buildings Committee and the Planning and Resources Committee. A Full Case will be prepared and a Second-stage Report will be published in due course to seek approval for implementation of the project.

7. A plan showing the location of the proposed building is shown below. Drawings of the proposed development are displayed for the information of the University in the Schools Arcade and are reproduced online at http://www.admin.cam.ac.uk/cam-only/offices/planning/building/plans_and_drawings/.

8. The Council recommends:

I. That approval in principle be given for the construction of a new Civil Engineering building in West Cambridge.

II. That the Director of Estate Strategy be authorized to apply for detailed planning approval in due course.

13 June 2016

L. K. Borysiewicz, Vice-Chancellor

David Good

Rachael Padman

Chad Allen

Nicholas Holmes

Michael Proctor

Ross Anderson

Alice Hutchings

Cornelius Roemer

Richard Anthony

Fiona Karet

John Shakeshaft

Jeremy Caddick

Stuart Laing

Susan Smith

R. Charles

Mark Lewisohn

Sara Weller

Anne Davis

Priscilla Mensah

I. H. White

Margaret Glendenning

Site plan for proposed new Civil Engineering building for the Department of Engineering in West Cambridge

The proposed new building is indicated by a royal blue line.